Pearland Wrongful Death Lawyers

Types of Wrongful Death Lawsuits in Pearland, TX

There are many different types of wrongful death lawsuits that can occur and all of them can turn a families life completely upside down and cause excruciating emotional pain. Here are  some common types of wrongful death lawsuits that our firm handles for our clients:

1. Medical Malpractice:  When death is a result of a healthcare provider’s negligence, such as surgical errors, incorrect diagnosis or inappropriate treatment.
2. Car Accidents:  Cases involving death that occurs as a result of another driver’s negligence or violation of traffic rules.
3. Workplace Accidents:  When a worker dies due to neglect of safety measures or hazardous conditions in the workplace.
4. Product Liability:  When a consumer’s death is caused by a defective or dangerous product.
5. Premises Liability:  Cases where the death occurred due to unsafe conditions on someone else’s property.
6. Criminal Acts:  Wrongful death lawsuits can also be filed in cases where the death was caused by a criminal act.
7. Nursing Home Neglect:  When a resident of a nursing or care home dies due to insufficient care or neglect.

Under Texas law, the those who can file a wrongful death lawsuit are primarily the surviving spouse, children, and parents of the deceased. These entities have the right to file either individually or together.

If none of these individuals have initiated a claim within three months of the death, the executor or personal representative of the deceased’s estate may file the lawsuit, unless a family member specifically requests that such a suit not be filed.

For important answers to these and other questions regarding wrongful death lawsuits, please contact our Pearland wrongful death attorney’s and let us take some of the burden off you.

Understanding Wrongful Death Claims in Pearland, TX

According to Texas Civil Practice and Remedies Code Section 71.002, certain surviving family members may bring a wrongful death claim when their loved one is killed due to the wrongful act, neglect, carelessness, unskillfulness, or default of another person or corporation.

The purpose of a wrongful death claim is to compensate the victims’ family members for the devastating loss they have suffered. Under Texas law, the following damages may be recovered:

• Expenses for medical treatment and funeral costs
• Loss of expected earnings and benefits
• Loss of companionship and mental anguish
• Loss of inheritance

A wrongful death claim must be brought within 2 years from the date of death, with some exceptions. The experienced wrongful death lawyers at Thompson Law thoroughly investigate the details of each unique case to build the strongest claim possible.

Pearland Wrongful Death Statistics

While no statistics can fully convey the enormous toll of losing a loved one unexpectedly, looking at wrongful death data for Pearland and Texas provides useful insight into the prevalence of these tragedies. Some key statistics include:

• According to the CDC, there were 2,832 deaths from accidents (unintentional injuries) in Texas in 2020 alone. Many of these are potentially wrongful deaths stemming from preventable accidents.
• Motor vehicle crashes are a leading cause of wrongful death. In 2020, there were 3,896 deaths from motor vehicle accidents in Texas.
• Large truck crashes are especially deadly, given the massive size and weight of 18-wheelers and other commercial vehicles. In Texas in 2020, there were 632 deaths in crashes involving large trucks.
• From 2016-2020, there was an annual average of 8 motor vehicle traffic fatalities in Pearland according to TxDOT data. Over that 5-year period, 2 pedestrian deaths on average occurred annually in the Pearland area.
• TxDOT statistics show an annual average of 2 motorcycle fatalities in Pearland from 2016-2020 [1].The CDC reports an average of 19 accidental deaths per year in Pearland from 2016-2020, many of which may stem from negligence.
• From 2019-2021, there were 4 workplace fatalities in Pearland according to OSHA.
• A recent Johns Hopkins study estimates approximately 76 deaths per year in Pearland are due to preventable medical errors.

Sources:https://www.cdc.gov/injury/wisqars/pdf/leading_causes_of_death_by_age_group_2017-508.pdf, https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812826, https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2022/a.pdf, https://www.tdi.texas.gov/wc/safety/sis/documents/2021nfnwrlse.pdf

While the number of wrongful deaths locally may seem small compared to large metro areas, the impact of each tragic loss for Pearland families is immense.

Our dedicated wrongful death attorneys are here to help grieving families find accountability and obtain the maximum compensation they deserve after losing a loved one. Contact our Pearland car accident lawyers today for a free consultation.

Steps to Take After Losing a Loved One in Pearland

Losing a loved one is difficult enough without having to navigate a complex legal process. Our Pearland wrongful death lawyers guide clients through every step:

1. Allow Yourself to Grieve:  The shock and grief after a sudden loss can be paralyzing. Take time to grieve with family and friends. Let others handle initial tasks like making funeral arrangements. Don’t rush legal action until you’re emotionally ready.
2. Gather Information:  When ready, we’ll help you methodically gather records, investigation reports, accident details, medical records, bills, employment records, and other documentation vital to proving your claim.
3. Choose an Executor:  The executor manages the wrongful death claim on behalf of beneficiaries. We’ll help you choose the right person, often a spouse or adult child. The executor has a legal duty to act in the family’s best interests.
4. Consult an Attorney:  An experienced wrongful death lawyer will advise you on your claim’s validity and strength, navigate the process, value your case, handle negotiations, and file a lawsuit if warranted.
5. File a Claim:  Lawsuits must be filed within 2 years. We’ll handle this process for you, drafting a strong complaint alleging negligence by the liable parties, backed by evidence and demand for compensation.

You’ve been through enough. With compassion and care, we’ll handle the complex legal process while you focus on healing. Our experienced Pearland wrongful death lawyers will fight to hold negligent parties fully accountable and obtain the maximum compensation you and your family deserve. Call us today for a FREE CONSULTATION.

How Our Pearland Wrongful Death Lawyers Can Help

The wrongful death attorneys at Thompson Law understand this is likely one of the most traumatic times in your life. We provide compassionate guidance and work tirelessly to help you obtain justice and compensation to support your family’s future. Our services include:

• Conducting a thorough investigation – We gather evidence, interview witnesses, obtain records, and consult with experts to determine exactly what happened.
• Evaluating legal options – Different types of cases have different laws and limitations. We’ll advise you on the best legal strategies for your unique situation.
• Negotiating with insurance companies – Insurance companies often try to pay as little as possible. We’ll deal directly with them on your behalf to fight for fair compensation.
• Litigating your claim in court – If a satisfactory settlement can’t be reached through negotiation, we’re not afraid to take your case to court. We’ll aggressively advocate for you before a judge and jury.
• Helping you obtain compensation – Our goal is to obtain maximum compensation to cover medical costs, funeral expenses, lost income, and pain and suffering.

Why Choose Thompson Law? – Your Pearland Wrongful Death Lawyer

Thompson Law is a leading personal injury law firm in Texas, with an impeccable reputation for taking on large, powerful companies and delivering results for injury victims. When it comes to something as important as your family’s recovery and future security after a tragic loss, you need an experienced team on your side.

• Decades of Experience:  Ryan Thompson for over 20 years, have helped injured Texans and families who lost loved ones obtain justice. Our track record of success stems from this extensive experience handling personal injury and wrongful death cases.
• Trial-Tested Pearland Wrongful Death Lawyers:  While we always seek fair settlements through negotiation when possible, we are fully prepared to take cases to court when needed. Our founder Ryan Thompson is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. We have the courtroom skills to advocate for our clients before juries and judges.
• Local Understanding, National Resources:  As a Texas-based firm serving clients statewide, we have a deep understanding of state and local laws, courts, and legal practices. Yet we have the financial resources and access to top experts across the country to handle large, complex cases. This combination provides clients with an advantage.
• Personal Attention and Compassion:  We are large enough to deliver results, yet small enough to provide each client personal attention, respect, and compassion. Our Pearland wrongful death lawyers are here to counsel you not just legally, but emotionally, during your time of need.

If you or a loved one has suffered the tragic loss of a loved one and you believe you have a just wrongful death claim, call our Pearland wrongful death legal team at Thompson Law today and get a FREE CASE REVIEW and know there are NEVER ANY UPFRONT FEES charged by our team.

Proving Liability in a Wrongful Death Claim

To obtain compensation, our Pearland wrongful death lawyers must prove the death was caused by someone else’s negligence or misconduct.

Key elements we establish include:

• Duty of care – The defendant owed a duty to the deceased to act reasonably and not put them in harm’s way. For example, drivers must drive safely to protect others on the road.
• Breach of duty – The defendant failed to act with reasonable care and breached their duty. Examples are drunk driving, allowing unsafe work conditions, or botched medical procedures.
• Causation – The defendant’s negligent actions or inaction directly caused the death. Our investigation proves no other intervening factors were responsible.
• Damages – Family members suffer quantifiable monetary damages like funeral costs, lost wages and benefits, loss of companionship, and pain and suffering.

Thorough evidence gathering and litigation experience are crucial to proving each element of a valid wrongful death claim. The accomplished trial attorneys at Thompson Law will build the strongest case possible to hold negligent parties accountable.

Filing a Wrongful Death Claim in Pearland

To start the formal legal process after a loved one’s death, our lawyers take care of the following steps:

• File a wrongful death complaint in the proper court clearly alleging negligence and liability of the defendant(s), backed by evidence.
• Send legal notices to all defendants informing them of the claim and demand for damages.
• Petition the court to appoint your family as rightful beneficiaries entitled to compensation.
• Legally preserve evidence by requesting protective orders to prevent spoliation or alteration of physical evidence, data, or records.
• Conduct discovery such as depositions, interrogatories, requests for production of documents, and requests for admissions to compel defendants to turn over supporting evidence.
• Consult expert witnesses to provide opinions on issues like accident reconstruction, workplace safety standards, medical best practices, and reasonable compensation.
• Negotiate aggressively with insurance carriers to demand fair compensation through settlement discussions.
• File motions on legal issues to exclude prejudicial evidence, request summary judgment if negligence is undisputed, or transfer venue if appropriate.
• Go to trial if a satisfactory settlement cannot be reached, allowing a jury to decide appropriate damages.

Contact Our Pearland Wrongful Death Lawyers for a Free Review

The dedicated wrongful death lawyers at Thompson Law are here to pursue justice and maximum compensation for your family after a tragic loss. Contact us today for a FREE, NO OBLIGATION CASE REVIEW.

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