Top-Rated Wrongful Death Accident Attorney in Texas

Our Texas personal injury lawyers have been assisting families in the wake of tragic tragedies for many years. We deal with lawsuits alleging wrongful death from car and truck accidents, as well as lawsuits alleging wrongful death from other types of accidents, unsafe locations, medical malpractice, abuse in nursing homes, and other incidents.

You might not feel at ease making your loved one’s passing a legal issue at first. Before choosing whether or not to file a wrongful death claim, we advise consulting with a lawyer. You can move on with the assistance of a wrongful death payment that is legally due. Get in touch with the Pena Law Firm for a free consultation to discover more about Texas’ wrongful death laws.

What is considered in a wrongful death case?

Legal actions known as “wrongful death claims” are filed by some people when the death of a close relative was brought on by the negligence, recklessness, or wrongful act of another.

You may consider it as follows: Had the person who passed away still been alive, they would have been entitled to make a personal injury claim and get paid for their damages. This enables the surviving individuals to seek this privilege on their behalf.

Every state has wrongful death laws, and they differ greatly from one another. The laws in Texas regarding wrongful death will differ from those in other states. Speak with a local wrongful death attorney if your loved one passed away in Texas.

Texas law will determine who can file a lawsuit, when a wrongful death claim can be made, who can obtain compensation, and what kind of compensation surviving family members can get.

The Pena Law Firm’s wrongful death lawyers have defended heirs and relatives of the deceased following:

• Defective Product Incidents 

• Fatal Car Accidents

• Work Injuries 

• Fatal 18-Wheeler / Commercial Vehicle Accidents

• Motorcycle Accidents

• Uber & Lyft Accidents

• Offshore Oil and Gas Accidents 

• Premises Liability Incidents

• Nursing Home Neglect and Abuse

You can give us a call to talk about your rights and the potential for a wrongful death lawsuit, regardless of the kind of accident that resulted in the death of your loved one.

Who can bring forward a wrongful death lawsuit?

Texas restricts who is able to bring forward a wrongful death lawsuit. You must be the decedent’s surviving spouse, child, or parent in order to bring a lawsuit. These surviving family members may individually file a lawsuit or one may file on their behalf.

If you are a romantic partner, fiancé, brother, grandparent, grandchild, aunt, uncle, cousin, or other distant family member, you are not eligible to pursue a wrongful death claim.

However, the person who supervises or executes the decedent’s estate may do so if the remaining family members decide not to bring a lawsuit within three months of the death, unless each surviving family member who is eligible to file a lawsuit specifically requests not to file the lawsuit.

You may bring a wrongful death case if the negligence of another person kills your spouse, parent, or kid. Give The Pena Law Firm’s wrongful death lawyers a call to talk about this choice.

Who is elgible for receiving compensation on behalf of the victim?

Compensation can only be obtained by the surviving family members who are able to file a wrongful death claim. This means that a court decision or wrongful death compensation that benefits a survivor’s spouse, parents, and children may be divided among them.

What types of compensation is available?

This is an easy process if the other adults and you agree on how to split the pay. We’ll assist in arranging who gets what. If another adult beneficiary, however, is in disagreement, it might be required to file separate wrongful death cases or engage other legal firms to handle the case jointly.
Protecting the interests of minor children left behind by a deceased person is crucial. Either the court or you may request the appointment of a guardian ad litem. A lawyer known as the guardian ad litem advises the court on what is best for the children concerned.

How much compensation will survivors of a lost loved one be rewarded?

If a surviving family member covers the costs of the funeral and burial, the close remaining relatives may be compensated for: 

• Loss of the decedent’s income

• Loss of inheritance;

• Loss of services provided by the decedent’s parents, spouse, and home

• The survivor family member’s mental agony and emotional misery; 

• The cost of the survivor family member’s mental health care;

• The loss of the decedent’s care, support, direction, companionship, and affection.

It is significant to remember that the survivors’ compensation is not impacted by the deceased’s debts. Your wrongful death settlement or jury award will not be applied to any outstanding debt that your loved one left behind for the estate to pay.

It might be challenging to determine how much money each surviving spouse, parent, or kid is entitled to. This is particularly true if there are a lot of people present who had different ties with the deceased. It might not seem just that everyone gets the same amount.

Every case presents a different challenge. It’s up to the jury if your wrongful death case gets to trial. In the event that the jury finds in your family’s favor, it will also determine the amount of compensation to be awarded to each survivor.

However, many wrongful death claims are settled without a trial. They are instead settled out of court. In this situation, the allocation of compensation may be left to you and your family to decide. This can be a sensitive subject, so you should consult with an experienced wrongful death lawyer.

This is an easy process if you and the other individuals agree on how to split the pay. We’ll assist in determining who gets what amounts. If an additional adult beneficiary objects, though, it might be required to file separate wrongful death cases or engage other legal firms to handle the case jointly.
It is crucial to safeguard the interests of little children left behind by the deceased. Either you or the court may request the appointment of a guardian ad litem. An attorney who represents the children in question and provides recommendations to the court is known as the guardian ad litem.

Importance of Hiring a Wrongful Death Lawyer to Negotiate your Settlement

You should see a wrongful death lawyer if you think that your spouse, parent, or child’s death was caused by another individual, organization, or government agency. It is not advisable to pursue compensation on your own. You improve your chances of a favorable result and are more likely to receive a much better payment that is owed by engaging a lawyer.

Additionally, your chances of receiving the largest payment possible are increased when you have a knowledgeable wrongful death attorney on your side. This is dependent on several variables. First of all, a lawyer is more qualified to assess the fair amount of your claim. After a loved one passes away, many families undervalue the financial and psychological harm they have suffered.

Next, a legal professional will pursue an action for wrongful death without fear. It accomplishes two goals. Through the suit’s discovery phase, it provides your attorney with the chance to obtain further evidence. It demonstrates your seriousness to the other party and their insurer as well. In an effort to save money and time, it puts pressure on them to settle.

A lawyer will also engage in negotiation. Your family’s counsel will reject the initial offer and present a counterdemand unless they obtain an exceptionally generous first settlement offer, which is not often. This is the start of the bargaining process, wherein your attorney will aggressively advocate on your behalf to secure the highest potential settlement.

The amount of a prospective wrongful death settlement is influenced by numerous variables. Give The Pena Law Firm a call as soon as possible to discuss the potential value of your family’s claim.

Contact a Skilled Wrongful Death Attorney Near You Today

To discuss the specifics of a wrongful death accident case and to address any inquiries regarding the legal procedure involved in your case, The Peña Law Firm provides all of its clients with a FREE case review and initial consultation.

It is in your best interest to hire a firm with experience with these type of injuries. The Peña Law Firm is ready to defend you and your loved ones in court and during difficult times leading to your recovery.