Wrongful Death Lawyers
The wrongful death lawyers at Chandler McNulty LLP provide aggressive, compassionate and experienced legal support for families who have lost a loved one due to someone else’s carelessness or intentional acts. Our goal is to help surviving family members make the right decisions and get the fair compensation owed when someone’s life has been cut short prematurely.
When you lose a loved one in an accident caused by someone else’s reckless behavior, it is essential to know that you have the right to take legal action. If the victim was the sole or primary breadwinner in your family, you have a right to replace that income and support you would have received if they were not prematurely taken from you. You have a right to receive reimbursement for medical bills and funeral costs. Minor children can have college funds set up. While no amount of money can bring back the deceased or take away the pain and anguish from losing a loved one, a successful wrongful death suit can make life easier going forward in terms of the financial impact on the family.
If you have lost a spouse, parent, or child in a tragic accident, and their death was the result of a person or company’s negligence, you may be able to recover financial compensation in a wrongful death lawsuit. At Chandler McNulty LLP we want to meet you, hear your story, and talk about your legal options moving forward.
Losing a loved one is always horrible, but it is even more devastating when death did not have to happen and occurred because of the careless actions of someone else. To learn more about how you can hold wrongdoers accountable by filing a wrongful death lawsuit, contact us today at (713) 997-8310 and schedule a free consultation with a caring and experienced wrongful death lawyer.
How An Attorney Can Help in Your Time of Grief
The attorneys at Chandler McNulty LLP understand that the days, months, and even years following the loss of a loved one can be an incredibly trying time, and just getting through each day can be a struggle. This is a time for grieving and solace with loved ones, but it can also be a time for action so that you can hold accountable the negligent person or company responsible for your loved one’s death.
The sooner you take action and let us start investigating your case, the more likely we are to find out the truth and get you the financial compensation you deserve. After an untimely death there is often a coverup, or evidence is lost, memories and recollections may fade. The quicker you have a team investigating what really happened and preserving the evidence, the stronger your case will be when it goes to court. Even when liability is obvious, once insurance companies and defense lawyers get involved the facts can start seeming to get clouded.
That’s why it is critical that you consult with an experienced and aggressive wrongful death lawyer who has the skills to navigate your case, and the courage to hold negligent people accountable.
Why Choose Chandler McNulty, LLP?
After deciding to have an attorney handle your claim, the next important choice you and your family have to make is which firm to hire. Chandler McNulty LLP attorneys have tried cases all over the United States, taking on negligent corporations and individuals whose actions have upended innocent people’s lives.
For the wrongful death attorneys, every case is personal, and we promise to do everything in our power to get you the results you deserve. When you work with Chandler McNulty LLP know that we will use every resource at our disposal to thoroughly investigate your case and hold negligent people and companies accountable.
Chandler McNulty LLP has compassion and care for the victims and families it represents. Chandler McNulty LLP clients are not just another client name on a long list. You are our neighbors, and more importantly, fellow humans in need of someone who will stand up for you in your time of need. We vow that from the moment you walk through our doors for your initial consultation to the moment we win your case, you and your family will be treated with the care and compassion you deserve.
Types of Damages in a Wrongful Death Case
Unlike other personal injury lawsuits where the victim pursues damages, wrongful death lawsuits are brought on by the family of the deceased. Wrongful death lawsuits can even be pursued when the victim has initially survived the accident but passes away later on. After a death, the surviving family can pursue two different actions on behalf of the deceased to recover compensation for mental anguish, medical expenses, and even future expenses. Some common types of damages family members can recover include:
- Pecuniary losses. This covers any loss that family members suffer related to care, support, advice, or any other contribution that would have been available had the deceased not passed away in the accident.
- Loss of companionship and society. Loved ones provide care, but they also provide love and companionship, and surviving family members can recover damages for losing these.
- Funeral expenses. While your loved one never intended to leave you and your family with high funeral bills, they can be an unfortunate consequence of wrongful death claims. The average funeral costs thousands of dollars, and you can seek damages to pay for these expenses.
- Loss of inheritance. The value of all assets the decedent was expected to leave as part of his or her estate.
- Medical expenses. In the event your loved one initially survived the accident but died later on, you can seek compensation for all incurred medical expenses.
- Mental pain and suffering. All emotional anguish family members experience due to the unforeseen loss of a loved one.
Along with the damages listed above, plaintiffs may also pursue punitive damages in cases where the death occurred by a “willful act or omission or gross negligence of the defendant.” Arguing for punitive damages can be complicated, and requires the experience of a skilled legal representative.
Who Can File a Wrongful Death Claim?
The death of an individual may impact many people’s lives, but not everyone has a legal claim to seek damages through a wrongful death lawsuit. In most cases, a representative of the victim’s estate will file a wrongful death lawsuit on behalf of the surviving family members. Under Texas law, only certain parties may file a wrongful death claim if the death is caused by a wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation.
In the state of Texas, the surviving spouse, children, or parents of the decedent may file a wrongful death lawsuit. Certain circumstances allow for an adopted child to file a wrongful death claim if the adoption was legal and fully completed; legal adoptive parents can also file a claim on behalf of their adopted child. For siblings to recover damages, the parents, spouse, or children must file the claim.
To be eligible for damages, surviving family members must file within two years of the decedent’s death. And while there are very rare and limited exceptions, it’s best to take legal action as soon as possible to ensure you don’t miss the deadline.
Common Cases We Handle
Surviving family members might file a wrongful death lawsuit in any situation where the victim would have a valid personal injury claim if he or she hadn’t been killed as a result of the accident.
Some of the most common types of wrongful death claims include:
- Medical malpractice. When doctors or other medical professionals are careless during treatment, make a mistake in surgery, or fail to diagnose a condition properly, and the victim dies as a result.
- Commercial truck/18-wheeler accidents – Accidents involving large commercial vehicles transporting heavy cargo can result in devastating accidents that often prove to be fatal.
- Product defects. Family members may be able to take legal action against companies that design or produce dangerous or defective items.
- Car accidents. When car accidents occur due to another driver’s negligent actions, including driving while distracted and driving under the influence of alcohol. This applies to accidents involving commercial trucks, as well as motorcyclists, cyclists, and pedestrians.
- Motorcycle accidents – Because motorcycle riders have little to no protection in the event of a collision or crash, they are more likely to suffer fatal injuries than the occupants of passenger vehicles.
- Bike accidents – Much like motorcycle crashes, when a cyclist is hit by a car or truck, the potential for fatal injury is extremely high.
- Pedestrian accidents – When motorists fail to watch out for pedestrians, the consequences of a collision could be tragic. A person on foot is no match for a vehicle weighing thousands of pounds, and fatal injuries are all-too-common in these accidents.
- Slips, trips, and falls – Older adults, in particular, are at risk of suffering fatal injuries if they slip or fall on a hazardous surface.
If a worker was killed in an accident on the job, the surviving family members could be eligible for compensation from the employer’s workers’ compensation insurance policy. If the fatal accident was caused by a negligent third-party, however, the family members could potentially file a third-party wrongful death claim as well.
Contact a Wrongful Death Lawyer Today
The wrongful death lawyers at Chandler McNulty want you to know that you do not have to continue suffering financially after losing a loved one in an accident caused by someone else’s careless actions. You deserve financial compensation to help you pay for funeral expenses, lost income, and your pain and suffering. Our experienced and aggressive legal team understands the pain and grief you are going through, and we promise to do everything we can to hold the negligent actors accountable. Call us today at (713) 997-8310 and take the first step.
We want to hear your story and evaluate your case so we can help you determine the best course of action.