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Representing & Fighting for Clients for Over 15 Years

A Brief Summary of the Following Article

  • In Texas, wrongful death lawsuits arise from negligence, wrongful acts, carelessness, unskillfulness, default, or wilful acts or omissions, with liable parties including individuals, companies, and government entities.
  • To succeed in a wrongful death lawsuit, one must prove duty of care, breach of duty, damages, and causation linking the defendant’s actions to the death and damages.
  • Navigating wrongful death lawsuits is complex; consulting a knowledgeable attorney, like Shane McClelland, is advised for guidance and support.
  • Shane McClelland offers expertise in wrongful death cases, emphasizing compassion, personalized attention, transparent communication, and a client-centered approach.

Losing a loved one due to someone else’s negligence is a deeply painful experience. In Texas, as in many other states, the legal system offers a way to seek regress from the liable party who caused the death of a loved one through wrongful death lawsuits. However, it can be incredibly challenging to focus on any type of legal action while also trying to grieve. Fortunately, families and surviving loved ones don’t need to do it alone. By working with an experienced Sugar Land wrongful death lawyer, they not only increase their chances of fair and full compensation, but if they choose the right attorney, they can also ensure there’s someone with a level head fighting for their best interests. 

With almost 20 years of experience, Shane McClelland understands the complexities of wrongful death lawsuits and approaches each case with compassion and empathy, putting your needs at the forefront. By choosing the Law Office of Shane McClelland, PLLC, you’re not just hiring an attorney; you’re gaining a dedicated partner who genuinely cares about your well-being and the pursuit of resolution for the loss of your loved one. 

Who Is Liable for Wrongful Death?

In Texas, wrongful death lawsuits are typically filed when the death of an individual is a direct result of negligence, wrongful acts, carelessness, unskillfulness, default, willfulness, or gross negligence of another party. Parties that can be held liable for damages in a wrongful death lawsuit include:

  • Individuals: Individuals can be held accountable when their actions or inactions lead to someone’s death. This might encompass cases like drunk driving accidents, car accidents, trucking accidents, refineries, or injuries in the oil and gas field.
  • Companies: Businesses and corporations can be held responsible if their products, services, or employees’ actions directly contribute to a wrongful death. This includes cases involving defective products, dangerous conditions existing or dangerous activities on business premises, or unsafe working conditions.
  • Government Entities: In certain situations, government entities or their employees can be held liable for wrongful death. However, suing government entities has specific rules and limitations that can be complex. An experienced Sugar Land, TX wrongful death lawyer can help you sort through the complexities.

To establish a successful wrongful death lawsuit in Texas, certain elements must be proven:

  • Duty of Care: The plaintiff must demonstrate that the defendant owed a duty of care to the deceased. This means showing that the defendant had a legal obligation to act in a reasonably safe and responsible manner under the circumstances. For instance, drivers owe a duty of care to others on the road to drive as a reasonably prudent driver.
  • Breach of Duty: The plaintiff must prove that the defendant breached their duty of care through negligence, wrongful acts, carelessness, unskillfulness, default, or wilful acts or omissions. This breach could arise as a failure to adhere to traffic laws, allow dangerous conditions to exist, or create dangerous conditions at a premise.
  • Causation: There must be a clear and direct connection between the defendant’s breach of duty and the death of the individual. In other words, the defendant’s negligence must be the proximate cause of the death, meaning that it is the primary and most immediate cause of the fatality. And the cause results in damages to your loved one’s surviving spouse, children, and parents.

Navigating the complexities of a wrongful death lawsuit is a challenging endeavor, particularly when dealing with the loss of a loved one. Consulting with a knowledgeable Sugar Land, TX wrongful death lawyer is highly recommended. While financial compensation can never fully replace a lost loved one, it can help provide a sense of closure and financial stability to the surviving family members.

Texas Has a Survivorship Claim. What is That?

A survivorship claim is similar to a wrongful death lawsuit. A survival claim is basically a lawsuit that your loved one would have been able to bring had she survived. Think of a survivorship claim as a personal injury lawsuit that “survives” your loved one’s death and continues her legal claims after her death.

The major differences between a wrongful death lawsuit and a survivorship lawsuit are who can bring each claim and the damages available.

Who Can Bring a Wrongful Death Lawsuit Compared to a Survival Lawsuit

In Texas, the surviving spouse, children, and parents of the deceased can bring a wrongful death lawsuit against the at-fault party (if they do not bring the wrongful death lawsuit within 3 months after the death, the executor or administrator shall bring the wrongful death lawsuit unless requested not to by the deceased’s surviving spouse, children, and parents). 

A surviving spouse, children, and parents of your lost loved one can bring a wrongful death lawsuit. The damages generally available for a wrongful death lawsuit are generally past and future pecuniary losses such as the loss of the care, support, maintenance, advice, counsel, services, and monetary contributions the loved ones of a wrongful death would have received had the death not occurred; also wrongful death plaintiffs can recover loss of companionship and society in the past and future; mental anguish that was and will be suffered, loss of inheritance, and exemplary damages if the at-fault party acts or omissions were willful or if there is gross negligence—these are sometimes referred to as punitive damages that punish the at-fault party and deter similar conduct in the future by others.

The following people can bring a survivorship cause of action: the deceased’s legal heirs, her legal representative, and the estate of the deceased. The damages available for a survivorship claim include pain, suffering, and mental anguish your loved one experienced before she passed; necessary medical expenses for the attempted life-saving measures before death; burial and funeral expenses; and exemplary damages in cases where the at-fault party acted willfully, or there was gross negligence (punitive damages like in a wrongful death case).

Deadline to Bring Wrongful Death Cause Lawsuit or Survivor Claim

The statute of limitations, with some exceptions, for a wrongful death lawsuit and survivor claim is two years from your loved one’s death. If a lawsuit is not timely filed, the result can be forever losing the ability to bring the wrongful death lawsuit or survivorship claim.

How the Law Office of Shane McClelland, PLLC Can Help

Losing a loved one in a tragic incident is a heart-wrenching experience, and pursuing a fair resolution through a wrongful death lawsuit can be an emotionally and legally challenging journey. In such difficult times, having a compassionate and dedicated Sugar Land, TX wrongful death lawyer by your side is invaluable. The Law Office of Shane McClelland, PLLC, is a firm that epitomizes the qualities of a client-centered law practice and is dedicated to assisting families in seeking the compensation they deserve. 

An experienced wrongful death attorney offers essential assistance throughout the entire legal process. Here’s how we can help:

Expertise in Wrongful Death lawsuits

Shane McClelland has almost 20 years of legal experience, specializing in areas such as vehicular collisions, catastrophic injuries, and wrongful death lawsuits. His extensive background means he is well-equipped to navigate the complexities of wrongful death cases, ensuring you receive the best possible legal representation.

Compassion and Empathy

Before becoming an attorney, Attorney McClelland worked with high school students who needed a caring and empathetic adult in their lives. This experience instilled in him the value of compassion and empathy, qualities he brings to his law practice.

Personalized Attention

The Law Office of Shane McClelland, PLLC, is a client-centered law firm in the truest sense. Shane ensures that he is available to speak directly with his clients. This level of personalized attention means that you have the guidance and support of an experienced attorney at every step of your legal journey.

Transparent Communication

We make it a priority to return phone calls and emails promptly. Our office takes the time to listen to our clients and ensure they fully understand the legal process. This transparency in communication is vital in reducing the stress and uncertainty that often accompanies legal proceedings.

Contact Our Experienced Sugar Land, TX Wrongful Death Lawyer Today

When you choose to work with the Law Office of Shane McClelland, PLLC, you’re not just hiring an attorney; you’re entering a relationship built on trust, compassion, and dedication. Shane McClelland’s commitment to serving clients and putting their needs first sets his practice apart. He doesn’t just aim to resolve your legal issues; he seeks to provide you with peace of mind, support, and the personalized advice you deserve.

In the midst of grief and legal complexities, the compassionate and client-centered approach of Shane McClelland and his law office can make a world of difference. Contact the Law Office of Shane McClelland, PLLC, today to schedule a consultation with a Sugar Land, TX wrongful death lawyer by calling (713) 987-7107 or completing our online contact form.

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