Beaumont Wrongful Death Lawyer

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Beaumont Wrongful Death Attorney

If you recently lost a family member due to the actions of another party, it could form the foundation of a wrongful death suit. A wrongful death suit is a type of personal injury claim filed by a victim’s family when they do not survive their injury. While this type of case functions on the same procedural level as a standard personal injury claim, it is vital to work with an experienced Beaumont wrongful death lawyer to achieve positive results.

Compassionate Legal Counsel for Wrongful Death Claims in Beaumont, TX

The team at Renick Law Firm, PLLC, can provide the comprehensive legal representation you need in the aftermath of a loved one’s unexpected wrongful death. Our firm has extensive experience with all types of personal injury cases, including wrongful death claims filed in response to fatal personal injuries. Your family can rely on our firm to provide complete support through all phases of your case, from proving fault to securing compensation for your losses.

Money from a successful wrongful death suit cannot replace your lost loved one, but a successful case can provide a sense of closure while providing your family with the compensation needed to adjust to your new circumstances more easily. We know that no two cases are alike and that every wrongful death suit requires individualized attention. Once you secure our representation, we can begin building the foundation of your claim immediately.

Common Causes of Wrongful Deaths in Beaumont

A wrongful death case can arise from many situations that often lead to standard personal injury claims. Most of these cases are the result of negligence, but some can arise from illegal misconduct. A few of the most common causes of wrongful deaths reported in the Beaumont area include:

  • Motor vehicle crashes, which may occur from negligence like distracted driving or speeding but may also occur because of illegal misconduct like drunk driving. Motor vehicle accidents are a leading cause of accidental deaths throughout Texas and the rest of the United States each year. You may have the ability to file an auto insurance claim against the at-fault driver, but a wrongful death suit enables you to recover more compensation.
  • Workplace accidents. Any accident at work could lead to a workers’ compensation claim if the employer has this insurance, and death benefits are sometimes available for the surviving family of an employee who died while working. Otherwise, the family may have grounds for a wrongful death suit against the employer or a third party.
  • Acts of violence. Unfortunately, violent crimes like assault and robbery can have fatal consequences. If your loved one was the victim of a violent crime, your Beaumont wrongful death lawyer can help you pursue a civil suit while the state handles criminal prosecution of the defendant.

No matter how your loved one’s death occurred, if another party is responsible, you likely have grounds for filing a wrongful death suit. A Beaumont wrongful death lawyer can be an invaluable asset for succeeding with your claim.

How to File a Wrongful Death Suit in Texas

Filing a wrongful death suit in Texas is similar to filing a personal injury claim. However, only certain parties are allowed to file wrongful death claims. Generally, the surviving spouse of the victim is first in line to file the claim, followed by surviving children and parents. These parents may also work together as plaintiffs in a wrongful death suit, or the personal representative named in the deceased’s estate may file the claim.

There is a two-year statute of limitations for wrongful death suits in Texas, and this time limit starts on the day of the death. If the family or personal representative does not file the claim within this time limit, they could lose the chance to ensure accountability and secure compensation from the defendant. An experienced Beaumont wrongful death lawyer can help them gather the evidence they need to successfully file their claim.

Just like in any other personal injury claim, the plaintiff in a wrongful death suit must accurately identify the party or parties responsible for causing the death and then prove how they caused the death. Most wrongful deaths reported throughout Texas each year are the result of negligence, or a failure to act with reasonable care in a given situation. However, wrongful deaths may also occur from illegal misconduct.

If the defendant in your case broke the law in causing the fatal injury, they are likely to face criminal prosecution from the state alongside your civil wrongful death suit. Your Beaumont wrongful death lawyer can explain how the criminal case against the defendant may impact your wrongful death claim. For example, the defendant could be sentenced to restitution as part of their sentence, and/or you could receive punitive damages.

Claiming Compensation in a Wrongful Death Suit in Texas

It is important to understand the difference between a wrongful death claim and a survival action when it comes to addressing the unexpected death of a loved one. A wrongful death claim seeks compensation for the losses suffered by the victim’s family because of the death, whereas a survival action seeks compensation for the damages sustained by the estate of the deceased if they did not die immediately from the incident the defendant caused.

For example, if your loved one was hit by a car and lingered in the hospital for several weeks before passing away, a survival action could seek compensation for the medical expenses incurred during this time as well as the income the deceased was unable to earn while they were in the hospital. A wrongful death suit seeks compensation for the economic and non-economic damages suffered by the victim’s family.

Your Beaumont wrongful death lawyer can help you recover compensation for:

  • Lost financial support the deceased provided to your family. Your attorney can help calculate how much income the victim would have reasonably expected to earn if they had survived.
  • Lost value of household services and childcare provided by the deceased. If a parent dies, their surviving spouse may need to pay for childcare and incur other household expenses because of the loss. Your attorney can help assess any such economic damages you can include in your claim.
  • Lost value of savings and investments. If the deceased held certain types of investments, their unexpected death may prevent these investments from reaching full maturity. It is also possible for their final medical expenses and other economic effects of the fatal accident to have diminished the inheritance they intended to leave for their family.
  • Funeral and burial expenses. It is likely that the deceased’s funeral will need to be held prior to the completion of the wrongful death suit. The plaintiff can claim compensation for their funeral and burial expenses, and the defendant must remit these damages to whoever paid for the funeral and burial.
  • Pain and suffering. You and your family have the right to claim compensation for loss of affection, companionship, and comfort. The surviving spouse has the right to claim compensation for loss of consortium, and children can receive compensation for loss of parental guidance and support.

Ultimately, you may be entitled to claim much more compensation than you may initially expect, and the right attorney is your most valuable asset when it comes to maximizing the case award you secure from a successful wrongful death claim.

It is important to remember, however, that Texas enforces a modified comparative negligence rule. This means that if the facts of your case reveal that the victim partially caused the fatal accident, the case award of the wrongful death suit will be reduced by an equal amount. For example, if they were 10% at fault, it would reduce the case award by 10%. Fault of 50% or more prevents any claim for compensation against the defendant.

How Your Beaumont Wrongful Death Lawyer Can Help

Every wrongful death case is unique, and every family will encounter different challenges as they build their wrongful death cases and pursue accountability and compensation. When you choose Renick Law Firm, PLLC, to represent you, we can immediately begin our investigation of the fatal incident. We can look for all the evidence we can leverage in your case and help determine the full extent of the damages you can claim.

For example, if your loved one died in a fatal car accident, we could help obtain traffic camera footage, cell phone records, and eyewitness testimony from anyone who saw the accident happen to help you prove fault. If your loved one died in a workplace accident, we could determine whether you can claim workers’ compensation death benefits and/or whether the employer bears any fault for the incident.

If your loved one died because of an intentional and illegal act, the state is likely to file criminal charges against the defendant, and your attorney can explain how this could influence your civil wrongful death suit. It is important to remember that a criminal case and a civil case have very different standards of proof when it comes to establishing fault for a fatal injury.

Find Your Attorney Today

It is vital that you start gathering the foundational evidence of your case as quickly as possible after your loved one’s death. An experienced attorney can be an invaluable asset for these efforts, and they can assist you in claiming as much compensation as possible for your damages. Renick Law Firm, PLLC, approaches every wrongful death suit we accept with the goal of helping our client recover maximum compensation from the defendant.

During your initial consultation with our team, we will explain all the various legal services we can provide and what you can expect as we proceed with filing your wrongful death claim. We understand the emotional strain of this type of case and want to help you and your family have some peace of mind in this difficult time. Contact us today to schedule a free consultation with a Beaumont wrongful death lawyer and learn how we can assist you with your claim.