Fort Bend County Wrongful Death Attorney

Dedicated Legal Advocacy in Sugar Land and Throughout Fort Bend County

The loss of a loved one is always devastating, but it can be emotionally overwhelming when that death was the result of another person's negligence, recklessness, or intentional action. If your loved one was killed due to the negligence or wrongful conduct of another person or entity, you may be entitled to receive compensation for your loss through a wrongful death claim.

At The Sims Law Firm, PLLC, we believe that no family should have to suffer because of another person's carelessness, negligence, or wrongful conduct. As a wrongful death lawyer in Fort Bend County, we have the skill and experience to aggressively represent the interests of your loved ones and ensure that justice is served.

To schedule a consultation, call (713) 766-1445 or fill out our online contact form today.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit that is filed on behalf of the deceased person's surviving family members. In a wrongful death claim, the surviving family members of the deceased person sue the person or entity that caused the death of their loved one and seek compensation for their losses. In a wrongful death claim, the surviving family members are the "plaintiffs" and the person or entity that caused the death of their loved one is the "defendant."

A wrongful death claim is filed to recover compensation for the following types of losses:

• Funeral, burial, and memorial costs
• Medical bills
• Lost wages
• Loss of companionship
• Loss of inheritance
• Punitive damages

Who Can File a Wrongful Death Claim in Texas?

In Texas, the individuals who can file a wrongful death lawsuit are typically limited to the following:

• Spouse: The surviving spouse of the deceased person has the primary right to file a wrongful death lawsuit in Texas. This includes both legally married spouses and common-law spouses.
• Children: If there is no surviving spouse or if the spouse chooses not to file a lawsuit within three months of the death, the deceased person's children may have the right to file a wrongful death claim.
• Parents: If there is no surviving spouse or children, the deceased person's parents may have the right to file a wrongful death lawsuit.
• Executor or Administrator: If none of the above-mentioned individuals are available or willing to file a lawsuit, the executor or administrator of the deceased person's estate may have the authority to file a wrongful death claim on behalf of the estate.

It is crucial to understand that the timeframe for filing a wrongful death claim in Texas, known as the statute of limitations, is typically two years from the date of the death. This critical deadline underscores the importance of swift legal action to preserve the right to seek justice and compensation. Our team is committed to offering timely advice and action so that you can navigate these legal complexities efficiently.

What Damages Can Be Recovered in a Wrongful Death Claim?

In a wrongful death claim, the surviving family members can recover several types of damages designed to compensate for the financial and emotional losses caused by the wrongful death. 

• Economic damages can include compensation for medical expenses incurred prior to death, lost earning capacity, and funeral and burial expenses. 
• Non-economic damages could encompass compensation for loss of companionship, mental anguish, and emotional suffering. 
• Additionally, in cases where the responsible party's actions are deemed extremely negligent or intentional, punitive damages may be awarded. These are intended not as compensation but as a punishment and deterrent against such conduct in the future. 

Understanding the specifics of what can be claimed and substantiating these damages with proper legal guidance from The Sims Law Firm, PLLC is crucial for securing a comprehensive recovery for your loss.

How Long Does the Wrongful Death Litigation Process Take?

The timeline for resolving a wrongful death claim can vary significantly based on several factors, including the complexity of the case, the willingness of the parties to reach a settlement, and the caseload of the court system. Generally, the process can take anywhere from several months to several years. Initially, the preparation phase involves gathering evidence, which may take a few months. 

Following this, the litigation process begins with filing the claim, potentially involving pre-trial motions and discovery, which can extend over a significant period. Negotiations for settlement can occur at various stages, but if a settlement cannot be reached, a trial date will be set, further influencing the timeline. The Sims Law Firm, PLLC remains dedicated throughout this period to managing every aspect of your case diligently and efficiently.

What Are the Key Steps in Filing a Wrongful Death Claim?

Filing a wrongful death claim involves several key steps, starting with determining legal standing, which is typically represented by the spouse, children, or parents of the deceased. The next step is gathering substantial evidence, which may involve collecting medical records, accident reports, and expert testimonials. 

Once this is complete, the formal claim is filed in the civil court, initiating the legal proceedings. From there, both parties engage in discovery, allowing them to exchange information pertinent to the case. It is essential that your attorney provides diligent representation during settlement negotiations or, if necessary, advocates for you in trial proceedings. The knowledgeable lawyers at The Sims Law Firm, PLLC can guide you through each step, ensuring your legal rights are pursued effectively.

Are There Any Time Limits for Filing a Wrongful Death Claim in Texas?

Yes, Texas law mandates a two-year statute of limitations for filing wrongful death claims. This timeframe begins on the date of the deceased person’s death. Failing to file within this period typically precludes relatives from seeking any legal remedy. However, certain exceptions can extend or toll the statute, such as if the plaintiff is a minor or is not mentally capable of filing a suit. 

Consulting with an experienced wrongful death attorney soon after the incident can ensure that your claim is filed promptly and all necessary legal considerations are taken into account. The Sims Law Firm, PLLC offers timely assistance in helping families navigate these deadlines, ensuring that the window for seeking justice is not missed due to procedural delays.

How Can The Sims Law Firm, PLLC, Support You in a Wrongful Death Claim?

At The Sims Law Firm, PLLC in Fort Bend County, TX, we understand the profound pain and devastation that accompanies the loss of a loved one due to a wrongful death. Our dedicated team of attorneys is committed to providing compassionate support and pursuing justice on behalf of our clients. We believe in holding those responsible accountable for their actions, and we will tirelessly advocate for your rights. If you have experienced the tragic loss of a family member, contact us today for a confidential consultation. Let us help you navigate the legal process and seek the compensation you deserve.

Our extensive experience with wrongful death cases equips us to handle the most complex legal challenges with precision and care. We offer transparent and consistent communication throughout the process, ensuring that you are informed and supported at every step. Our legal team also collaborates with top professionals across various fields to strengthen your position and maximize the potential for a favorable outcome.

Contact us today at (713) 766-1445 and let us help you and your family get through this trying time together.