Losing a loved one due to someone else’s negligence or misconduct is one of life’s most devastating experiences. At The Law Office of David J. Lopez, we understand the emotional and financial toll such a loss can bring. While no amount of compensation can replace your loved one, Texas law allows surviving family members to pursue accountability. Mr. Lopez is dedicated to helping families seek closure and the best possible outcome for their case.
Wrongful Death, Defined
Wrongful death occurs when a person’s life is lost due to another party’s negligent, reckless, or intentional actions. In Texas, these claims allow surviving family members to seek compensation for the financial and emotional impact of their loss.
Wrongful death cases can arise from various incidents, such as car accidents, workplace injuries, medical malpractice, or unsafe premises. At The Law Office of David J. Lopez, we help families hold responsible parties accountable while guiding them through this complex and deeply personal legal process.
How Is A Wrongful Death Case Determined
In Texas, a wrongful death case is determined by whether the death resulted from another party’s negligent, careless, or intentional actions. Establishing a valid claim requires proving that the responsible individual or entity failed to act with reasonable care and that this failure directly caused the fatal incident. At The Law Office of David J. Lopez, we carefully evaluate each case to ensure it meets the legal requirements under Texas law, including:
- Duty of care: The defendant had a legal responsibility to act safely or reasonably toward the deceased.
- Breach of duty: The defendant failed to uphold that responsibility through negligence or misconduct.
- Causation: The breach of duty directly caused the fatal injury or incident.
- Damages: The death resulted in measurable losses to the surviving family members, such as emotional suffering, financial hardship, or loss of companionship.
Steps to Take Immediately After a Wrongful Death:
In the immediate aftermath of a wrongful death, your first priority should be to ensure the scene is properly documented by contacting emergency services and requesting copies of all related police, accident, or medical reports. It is crucial to preserve all potential evidence, including photographs, witness contact information, and any relevant correspondence. During this difficult time, you should avoid discussing the incident with insurance companies or signing any documents without first consulting a legal professional. To protect your rights, promptly consult with The Law Office of David J. Lopez for guidance. You can also begin the process by gathering important documents such as financial records, medical bills, and proof of your relationship to the deceased, all while being mindful of the deadline for filing a wrongful death claim under Texas’s statute of limitations.
What Evidence Will We Need to Gather?
Building a strong wrongful death case requires clear, well-documented evidence that proves negligence and its impact on your family. At The Law Office of David J. Lopez, we conduct thorough investigations to collect and preserve all critical information that supports your claim. This evidence may include:
- Police or accident reports detailing the incident
- Medical records, autopsy results, and hospital documentation
- Eyewitness statements or expert testimony
- Photographs, videos, or physical evidence from the scene
- Employment and financial records showing lost income or support
- Correspondence with insurance companies or responsible parties
Who Can Be Held Liable in a Wrongful Death?
Determining who is legally responsible for a wrongful death is one of the most important steps in pursuing justice. Under Texas law, liability may fall on any individual, company, or entity whose negligent or intentional actions contributed to the fatal incident. We carefully investigate every detail to identify all parties who may share responsibility, which may include:
- A negligent driver involved in a car, truck, or motorcycle accident
- A healthcare professional or facility responsible for medical malpractice or surgical errors
- An employer/contractor who failed to maintain a safe workplace or enforce safety standards
- A property owner/manager who neglected to correct hazardous conditions leading to death
- A manufacturer/distributor of defective or dangerous products that caused harm
- A company/corporation whose policies or actions directly led to unsafe situations
- A government entity/public agency that failed to uphold its duty of care to the public
What Type of Compensation Can I Receive?
When pursuing a wrongful death claim, we assess liability to determine who is legally responsible for your loved one’s passing. Once the fault is established, damages are evaluated under two categories: economic damages and non-economic damages. Mr. Lopez helps families recover the full extent of compensation permitted under Texas law, including:
Medical Expenses Incurred Before Death
If your loved one received treatment prior to their passing, those costs, such as hospitalization, surgery, or emergency care, may be recovered. These are often significant and can be claimed through a wrongful death or survival action, depending on the circumstances.
Funeral and Burial Costs
The financial burden of funeral services, burial, or cremation can be substantial. Texas law allows families to seek reimbursement for these necessary expenses, ensuring the responsible party bears the cost rather than those left behind.
Loss of Income and Benefits
The death of a family member often results in the loss of financial stability. Surviving spouses, children, or dependents may claim the deceased’s lost earnings, future income potential, and employment benefits such as health insurance or retirement contributions.
Loss of Companionship and Emotional Support
Beyond financial hardship, the emotional loss of guidance, care, and affection can deeply affect surviving family members. Texas courts recognize these losses as compensable, particularly for spouses, parents, and children of the deceased.
Mental Anguish
The emotional suffering and psychological trauma caused by a wrongful death can have lasting effects. Compensation may include the costs of therapy, counseling, and the acknowledgment of the emotional distress endured by surviving family members.
Punitive Damages (in Cases of Gross Negligence)
In extreme cases where the responsible party acted with gross negligence or willful disregard for safety, Texas law may allow punitive damages. These are designed not as compensation, but to punish the wrongdoer and deter similar behavior in the future.
Contact the Law Office of David J. Lopez
The Law Office of David J. Lopez is dedicated to helping families seek justice and closure after the wrongful death of a loved one. Mr. Lopez provides compassionate and personal attention to every client and ensures your voice is heard throughout the legal process. If you’ve experienced such a loss, we encourage you to contact our firm today to schedule a consultation and discuss your wrongful death case directly with Mr. Lopez.