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What Is Wrongful Death?

A wrongful death occurs when a person’s life is taken due to the careless, reckless, or intentional actions of another individual, company, or entity. It’s a civil claim brought by surviving family members to seek justice and compensation for their loss. At its core, wrongful death law recognizes the immense emotional and financial harm caused by preventable death. We help families pursue accountability against negligent drivers, corporations, employers, and others whose conduct resulted in tragedy.

Common Reasons for a Wrongful Death:

  • Fatal car, truck, or motorcycle accidents caused by negligence or recklessness
  • Workplace or industrial accidents resulting from unsafe conditions or equipment failures
  • Medical malpractice, surgical errors, or failure to diagnose serious conditions
  • Defective or dangerous products that cause fatal injuries or illnesses
  • Explosions, chemical exposure, or fires at industrial or commercial sites
  • Fatal injuries on unsafe premises or construction sites
  • Aviation, maritime, or transportation disasters involving negligence or oversight
  • Criminal acts or intentional misconduct leading to loss of life

What Types of Compensation Are Available in a Wrongful Death Case?

When handling a wrongful death case, we begin by carefully investigating every detail: reviewing records, interviewing witnesses, and consulting experts to establish exactly who is responsible and why. Joe Schreiber and Erik Knockaert personally oversee this process to ensure no fact is overlooked and no excuse goes unchallenged. Once liability is clear, we pursue every category of compensation available to help your family find stability.

Depending on the facts of your case, compensation may include:

  • Medical expenses incurred before your loved one’s death
  • Funeral and burial costs
  • Loss of financial support and future earnings
  • Loss of companionship, love, and guidance
  • Emotional pain and mental anguish
  • Punitive damages for extreme negligence or intentional wrongdoing

Steps to Take After a Wrongful Death:

  • Notify authorities and request an official accident or incident report
  • Preserve all evidence, photos, and documents related to the event
  • Avoid signing statements or settlements without legal advice
  • Gather contact information for witnesses and involved parties
  • Obtain copies of medical and coroner reports
  • Keep records of expenses, communications, and insurance correspondence
  • Contact an experienced wrongful death attorney immediately
  • Allow your legal team to handle communications and investigations
  • Focus on caring for yourself and your family during this time

Wrongful Death FAQs

How Do We Prove Wrongful Death?

We build every wrongful death case from the ground up. Joe and Erik personally oversee the investigation and gather evidence such as medical records, safety reports, witness statements, and expert testimony. To prove wrongful death, we must show the defendant owed your loved one a duty of care, that they breached that duty through negligence or misconduct, and that this directly caused the fatal injury. We make sure every responsible party is held accountable.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, a wrongful death claim can generally be filed by the surviving spouse, children, or parents of the deceased. If none of these individuals files within a certain timeframe, the executor of the estate may bring the claim instead. We’ll walk you through this process and ensure that your rights and your loved one’s legacy are fully protected.

How Long Do You Have to File a Wrongful Death Claim?

In most cases, you must file within two years of the date of death. However, exceptions may apply in some circumstances. Because every situation is unique, we strongly recommend contacting us as soon as possible. Joe and Erik can evaluate your case quickly, determine deadlines, and begin preserving vital evidence before it’s lost or destroyed.

Do All Wrongful Death Cases Go to Trial?

Not necessarily. Many cases can be resolved through negotiation or mediation. Joe and Erik are experienced trial lawyers, but they also know when to use strategies to secure a fair settlement efficiently. If the opposing side refuses to take responsibility, we are fully prepared to go to court and present your loved one’s story to a jury.

How Much Does It Cost to Hire Us?

We handle wrongful death cases on a contingency fee basis: you pay no upfront costs. We only get paid if we win compensation for you.

Go Call Joe or Erik

If you’ve lost someone because of another’s negligence, you deserve more than sympathy: you deserve justice. At Law Done Right® – Schreiber | Knockaert, PLLC, Joe Schreiber and Erik Knockaert take on powerful corporations, insurance companies, and government entities that think they’re untouchable. We’ve built our practice on standing up for families like yours, the Davids against the Goliaths. We’ll listen, investigate, and fight for justice and accountability. Call us today to schedule a consultation about your wrongful death case.

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Contact Us 281.949.8904