Experienced Wrongful Death Attorneys
Our experienced wrongful death law firm will represent you throughout Texas and Louisiana.
When someone you love dies due to negligence, our hearts go out to you. A wrongful death lawsuit becomes necessary to obtain the justice and compensation family members deserve for having a loved one taken from them. Start the important conversation with our licensed wrongful death lawyers in Texas and Louisiana. We will fight for you.
Get started with a free and confidential evaluation of your Wrongful Death Claim by calling Shamieh Law at 469-813-7332.
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Table of Contents
- How a Wrongful Death Attorney Fights for You
- What Is Wrongful Death?
- Wrongful Death Examples and Causes
- Wrongful Death Lawsuits in Texas
- Wrongful Death Lawsuits in Louisiana
- Who Can Sue For Wrongful Death?
- Who Can be Responsible for a Wrongful Death?
- Who Gets The Money In A Wrongful Death Lawsuit?
- What Damages Are Available In Wrongful Death Cases?
- Chances of Winning a Wrongful Death Suit
- Contingency Fees for Wrongful Death Cases
- Free Case Review with a Wrongful Death Law Firm
- FAQs About Wrongful Death Cases
- Start Your Free Case Review
- More Helpful Resources
How a Louisiana & Texas Wrongful Death Attorney Fights for You
When a loved one is taken from us, it’s only natural to look for someone to blame. While sometimes an accident is just an accident, and a tragedy just a tragedy, sometimes it IS someone’s fault.
Even when not a deliberate murder, someone may have caused your loved one’s demise through carelessness or negligence. When an accident occurs due to someone’s negligence, and that tragedy was preventable, filing a wrongful death claim becomes necessary.
At Shamieh Law Firm, our qualified and experienced wrongful death attorneys in Texas and Louisiana understand the immense pain and sorrow of losing a loved one. Our team is here to fight for your rights and hold those responsible accountable.
We know that losing someone goes beyond emotional anguish and often includes medical bills, funeral expenses, lost wages, emotional pain and suffering, and more. We will take the time to review your case in depth and present all legal options available to you. Don’t go through this process alone – contact our wrongful death lawyers today for help. Our team is here for you every step of the way.
What Is Wrongful Death? Definition
Wrongful death is defined as the loss of life to a person due to another’s actions. It doesn’t matter if the act was intentional or unintentional and does include murder or medical malpractice, which alone kills a staggering 90,000 people per year.
In civil lawsuits, it has no correlation with criminal action. This means a defendant does not have to be convicted of criminal charges for a family to pursue civil action with an experienced wrongful death attorney.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit seeks damages, in the form of monetary compensation, from any parties ruled to have caused, or contributed to, the victim’s death. What does this mean for you, as the survivor? Your loved one contributed to your life in many ways, some of them financial.
Can any amount make up for the loss of someone you love? Absolutely not, but our wrongful death attorneys can ease the burden of carrying on without them financially. You shouldn’t pay for someone else’s tragic negligence.
Wrongful Death Examples and Causes
Some of the most common examples of wrongful death leading to lawsuits include:
- Assault and Battery Claims
- ATV Accidents
- Birth Injuries Caused by Medical Negligence
- Boat Accidents
- Burn Injuries
- Bus Accidents
- Car Accidents
- Construction Accidents
- Dangerous Drugs and Pharmaceuticals
- Daycare Abuse
- Dog Bites & Animal Attacks
- Premises Liability
- Product Defects
- Semi-Truck Accidents
- Slip and Fall Accidents
- Sports-Related Injuries
- Electrocution Accidents
- Electrocution Accidents
- Fire or Smoke Inhalation Injury
- Forklift Accidents
- Helicopter Accidents
- Industrial Explosions
- Intentional Acts of Violence or Injury
- Medical Malpractice
- Motorcycle Accidents
- Nursing Home Abuse
- Pedestrian Accidents
- Plane Accidents
- Toxic Exposure due to Negligence
- Train Accidents
- Workplace Accidents
Wrongful Death Lawsuit in Texas
Texas provides legal protection in cases involving wrongful death through its Civil Practice & Remedies Code §§ 71.001 to 71.003 . These provisions allow surviving family members or representatives to bring civil action against those responsible for their loved one’s passing to seek damages related to lost wages, medical expenses, pain and suffering, emotional distress, and other losses associated with the victim’s untimely demise.
The damages awarded will vary depending on factors such as age, health, earning potential, and any other factors that may have led to the death. In some cases, punitive damages may also be awarded if it is determined that the responsible party acted with gross negligence or malice.
In addition to seeking compensation, the survivors may seek an injunction or restraining order against the responsible party. This can be a critical step in preventing further harm from happening to other individuals.
Who Can Sue For Wrongful Death in Texas?
Eligible parties for wrongful death lawsuits in Texas include:
- surviving spouses
- children and parents of the deceased
- the personal representative of the deceased’s estate
Texas Wrongful Death Statute of Limitations
In Texas, family members of a loved one who has passed due to negligence or wrongful death must abide by the Texas statute of limitations for wrongful death. The Texas wrongful death statute declares you have two years from the time of their passing to file a claim. That critical two-year deadline must be followed, or you may be unable to file a claim and demand rightful compensation.
Texas Wrongful Death Lawyers Serving These Cities and More
Wrongful Death Lawsuit in Louisiana
Louisiana Civil Code §2315.2 protects those who have lost a loved one due to the fault of another person or entity, such as a company or government agency . This section gives surviving family members the right to file a wrongful death claim to seek compensation for damages, including medical and funeral costs, loss of financial support, and emotional damages.
Who Can Sue For Wrongful Death in Louisiana?
In the state of Louisiana, eligible parties  who can bring suit include:
- The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
- The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
- The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
- The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
Louisiana Wrongful Death Statute of Limitations
Families must act quickly to pursue justice with a wrongful death lawsuit, as a strict statute of limitations is in place. In Louisiana, the deadline to file a wrongful death claim is one year from the date of the incident or loss of life. If this timeline has passed without taking legal action, you may be ineligible to seek compensation for your losses.
Louisiana Wrongful Death Attorneys Serving These Cities and Beyond
- New Orleans
- Baton Rouge
- Lake Charles
- Bossier City
Who Can be Responsible for a Wrongful Death?
A wrongful death attorney can help you file a claim against any person or institution that was legally at fault for a person’s death. This may include:
- Government Institutions
- Medical Institutions
Who Gets The Money In A Wrongful Death Lawsuit?
Circumstances unique to each case determine who gets the money in a wrongful death settlement distribution. Generally, the following parties are eligible:
- Primary beneficiary – usually the surviving spouse
- Secondary beneficiaries – children, grandchildren, or other close relatives of the deceased
- Estate of the deceased – any remaining assets go to their estate and are distributed as specified in a will
- Debts owed by the deceased – creditors can make claims on certain types of debts, such as medical bills or unpaid loans
- Tax liabilities – the estate may be liable for taxes due from the deceased, including income tax, estate taxes, and inheritance taxes.
- Charitable donations – if the deceased made any charitable donations prior to their death, they may still be honored by the beneficiaries. The recipients of these donations can use them as a source of funds.
What Damages Are Available In Wrongful Death Cases?
In a wrongful death claim, surviving family members can seek damages from the negligent party to compensate for their losses due to their loved one’s death.
These damages can include:
- medical expenses incurred up until the time of death
- burial or funeral costs
- loss of income and potential earnings
- loss of consortium
- pain and suffering endured by both the deceased and the family members
- Punitive damages may be awarded to punish a person or entity for reckless or intentional conduct.
It is vital that family members contact a qualified wrongful death attorney as soon as possible to discuss their legal rights and remedies.
Chances of Winning a Wrongful Death Suit
The chances of winning a wrongful death suit vary depending on the case’s particular circumstances. Generally speaking, a plaintiff in such a case must show that another person or entity acted negligently and caused the decedent’s death.
To establish negligence and demonstrate liability, the plaintiff must prove that:
- the defendant owed a duty to the decedent
- the defendant breached that duty
- the breach was a direct cause of the death
Once liability is established, damages are sought to compensate for the loss of life.
It is essential to consult an experienced attorney for guidance and representation throughout the process. The experienced wrongful death lawyers at Shamieh Law can help navigate the complexities of these cases to pursue the maximum compensation available to you and your family.
Contingency Fees for Wrongful Death Cases
In wrongful death cases, a contingency fee is one of the most common types of payment arrangements. A contingency fee is a type of payment arrangement in which an attorney agrees to take on a case without charging the client any up-front fees. Instead, the wrongful death attorney will only receive payment if they can successfully resolve the case or win a settlement.
If the lawsuit is successful, the attorney will keep a percentage of the award or settlement as their fee. In wrongful death cases, contingency fees are preferred because they help families who may not have the financial means to pay for legal representation upfront.
At Shamieh Law, working on a contingency basis gives our wrongful death law firm an added incentive to fight hard for our clients and get the best possible outcome.
Frequently Asked Questions About Wrongful Death Cases
What Is a Survival Claim vs. a Wrongful Death Claim?
Survival claims and wrongful death claims are two different types of personal injury lawsuits that can be pursued after a person has been injured or killed due to the negligence of another. A survival claim is a legal action that seeks compensation for the deceased person's pain and suffering, lost wages, medical bills, and other related costs prior to their death. The damages awarded in this type of claim are paid out to the survivors and heirs of the deceased, usually through a probate court process. A wrongful death claim is a civil action that seeks compensation on behalf of the survivors for their losses due to the reckless or negligent acts of another. This type of claim can seek damages for lost financial support, medical bills, funeral expenses, mental anguish, and pain and suffering. These claims are typically filed by a family member or the deceased's estate representative in court.
Are Wrongful Death Settlements Taxable?
In most cases, no. Generally speaking, wrongful death settlements are not taxable but may be subject to certain exceptions. These exceptions include if the damages received for lost wages and other economic damages are greater than the amount of medical and funeral expenses related to the death that have been paid or reimbursed by insurance. In such cases, any compensation from a wrongful death settlement that exceeds those expenses is considered income and may be taxable in some circumstances. It is recommended to consult with a tax advisor before deciding how to proceed with receiving wrongful death settlements.
Free Case Review with a Wrongful Death Law Firm
Our best Wrongful Death Attorneys at Shamieh Law will demand the compensation you deserve to help make you and your loved ones whole again in the eyes of the law. We lead with compassion and know the importance of aggressively protecting your rights.
Get started with a free consultation of your wrongful death case today. Do not delay – wrongful death lawsuits cases have deadlines, and you must file your claim before the Statute of Limitations expires.
Contact our office 24/7 at 469-813-7332 or schedule your free case review online.