Wrongful Death Claims and Lawsuits
If you lost a family member in an accident, and you believe it was through the fault of someone else, you may find yourself in a place you never imagined—looking for legal advice about a devastating loss. When you find yourself at that crossroads, you want legal advice and guidance from someone with both integrity and proven skills. You do not want the typical advertising lawyer. You need a trusted personal injury lawyer.
We want the opportunity to be that for you and your family.
Fatal accidents can arise from all types of situations, from reckless drivers to careless employers, and irresponsible doctors. Regardless of how it happened, it happened. Your family suffered an enormous loss through the carelessness of others. And your choice of lawyers is vital to your ability to recover from the harm inflicted.
Kemmy Law Firm knows how devastating tragic loss is. Your grief and distress are then compounded by medical debt, burial expenses, loss of income, and the loss of a mentor, a companion, a spouse or a parent. You and your family may try to deal with the insurance company yourselves, only to learn that the insurer is more interested in protecting their bottom line than providing you with fair compensation for what they have taken from you. When a person’s death is the result of another’s negligent conduct, you may have the right to file a civil suit against the at-fault party. A wrongful death lawsuit can provide you and your relatives with the compensation you need to move forward in life. Let us help you win that claim.
We have over five decades of combined experience and have secured millions of dollars for our clients—because we showed the full extent of the harm caused by others. Let us fight for you and your family. You owe us nothing unless we recover compensation.
Schedule a free consultation to discuss a wrongful death claim. Call us at (830) 264-6297.
All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
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$20 MILLION Oil and gas case involving significant economic harm
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$13.5 MILLIONJury VerdictPatient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLIONJury VerdictMarine veteran suffers catastrophic harm after a dangerous fall
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$6 MILLION Children who were abused by an employee of a company that was entrusted with the care of children
Proving Negligence in a Wrongful Death Case
To win a wrongful death insurance settlement or court ruling, you must establish the other party’s negligence. This requires proving four separate elements:
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A Duty of CareMost individuals and businesses are required to uphold a duty of ordinary care. They must act as reasonably prudent people would under the same or similar circumstances. Certain professionals may have a more specific duty of care based on their work.
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A Breach of Duty
You must prove to an insurer or the jury that the other party breached that duty of care in some way. For instance, you may establish an at-fault driver was speeding and ran a red light. You may show that an at-fault truck driver had violated the hours of service rules and was drowsy. Or, you may be able to prove a physician unreasonably misdiagnosed you.
Proving the breach of conduct occurred may require accident or police reports, business records, employment records, driving records, photos, video footage, eyewitness statements, medical records, sound recordings, and more.
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Direct and Proximate CausationOnce you establish the other party failed to act as they should have under the circumstances, you must show that their careless, reckless, or willful conduct caused the fatal accident. You must establish a direct link between the breach and the deadly accident. You also must show that the accident was a foreseeable risk of the defendant’s conduct.
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DamagesYou must establish your economic and non-economic injuries associated with your relative’s death.
Wrongful Death Claims in Texas & New Mexico – An Overview
When one party’s careless, reckless, willful, or malicious conduct causes your relative’s death, then most states’ wrongful death laws say there is a cause of action. However, each state’s laws governing wrongful death claims are different. You need to speak with an experienced attorney about which state’s laws govern the claim and how you should proceed.
Following a relative’s death that resulted from another person or business’s negligence, you will probably deal with an insurance company. Unfortunately, that insurer seldom has your best interests at heart and may deny your claim or limit your compensation. We see this all too often in wrongful death claims following workplace accidents, oil and gas accidents, truck accidents, and medical malpractice.
With offices in San Antonio, Odessa, TX, and Hobbs, NM, we are here to help you pursue fair and full compensation through an insurance claim or wrongful death lawsuit.
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"Very easy to talk to, sincerely cared about my situation."I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O.
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"I wholeheartedly endorse Kemmy Law without reservation."Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G.
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"Nick Kemmy helped to make a bad situation better."
Nick Kemmy helped to make a bad situation better. From beginning to end Nick did what he said would do when he said he would, and answered all my questions. I am extremely satisfied with the results of my case and would highly recommend the Kemmy law firm to friends and family
- Hal J. -
"Not only were they my lawyers they became like family."I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L.
Wrongful Death Damages
If you are eligible to file a wrongful death claim or lawsuit, you may be entitled to recover:
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Funeral and Burial Expenses:You can demand full compensation for the cost of burying or cremating your loved one and holding a funeral or other service.
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Medical Expenses:You can demand reimbursement for the medical expenses your relative incurred between the date of the accident and their date of death.
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Lost Income:If you relied on your relative’s income, you could demand compensation for their lost future earnings.
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Lost Inheritance:Had your relative lived, they likely would have earned an income, saved, and invested. Over time, they would have built an estate they could pass on to their surviving spouse and children. You can demand compensation for the inheritance you will no longer receive.
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Loss of Household Services:Your loved one may have been the primary caregiver and managed the household instead of working. You can demand compensation for the cost associated with losing these services, which you must now pay for.
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Mental and Emotional Distress:You and the other surviving relatives can demand compensation for your grief, distress, and suffering.
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Loss of Consortium:A surviving husband or wife can demand compensation for the loss of their spousal relationship. A child can demand compensation for the loss of their parent’s love and guidance.
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Punitive Damages:Punitive damages are intended to punish a wrongdoer for conduct that is more than ordinary negligence. If you can establish the other party’s conduct was egregious, reckless, or malicious, you might receive additional compensation.
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Social Security Benefits:You might be entitled to survivors benefits if your loved one was collecting Social Security disability benefits
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
Proving Your Wrongful Death Damages
Determining the value of your family’s wrongful death damages and establishing them to an insurer or in court can be tough. These are two of the many reasons we recommend working with a lawyer if you are interested in suing for wrongful death.
Economic damages in a wrongful death lawsuit can be calculated and proven with documentation, including bills, receipts, pay records, and tax returns. We may hire a financial or economic expert to calculate the lost future income and lost inheritance.
Non-economic damages, which are a large portion of any wrongful death settlement or verdict, are more challenging to calculate and prove. To determine the value of your non-economic damages, we will analyze the outcome of similar cases. We also may calculate the value using a multiplier between one and a half and five. Depending on the severity of your injuries, we will multiply this figure by the value of your economic damages.
When it comes to proving your intangible losses, we may rely on you and your relative’s testimony. If your mental health has suffered, we may use records of therapy, prescription drugs, and other mental health treatments as proof.
Are You Thinking About a Wrongful Death Suit?
When people consider legal action after a death, they often have a lot of questions. This is to be expected, and some common things to ask regarding fatal accident claims include:
- Who Can File a Wrongful Death Lawsuit? Your state’s law defines who can file a wrongful death suit. In New Mexico, the personal representative of your relative’s estate can file the claim. In Texas, a surviving spouse, child, or parent of the deceased individual can file. However, if none of the relatives file in three calendar months, then the administrator of the estate in Texas can file.
- Who Are Wrongful Death Beneficiaries? The beneficiaries are those who can receive all or part of the wrongful death compensation, if a settlement or verdict is won. In New Mexico, the state’s Probate Code determines who can receive compensation. The order of who receives compensation is a surviving spouse and child. If your loved one did not leave behind a spouse or child, then their parents receive the compensation. If there are no surviving parents, then their siblings can receive compensation. In Texas, the compensation is divided among the surviving spouse, children, and parents proportional to their loss.
- What Is a Survival Action? Wrongful death and survival actions are not the same thing. In Texas, if your loved one had a personal injury claim against the at-fault party but passed away before they could see the claim through, then the claim may survive their death. This personal injury claim can be continued by your loved one’s estate, legal representative, or heirs and can move forward as if your relative was still alive. New Mexico law does not include survival claims.
Wrongful Death Lawsuits and Trial Preparation
Many wrongful death cases are resolved through settlement negotiations. However, that does not mean litigation is not a central aspect of these claims. Filing a lawsuit involves:
- Filing the complaint;
- Serving the defendant(s) with notice;
- Receiving the defendants’ response;
- Amending the complaint if necessary;
- Going through discovery;
- Analyzing the additional evidence we obtain and how it impacts your claim;
- Asking the judge to make substance and procedural decisions before trial through motions;
- Entering into settlement negotiations;
- Agreeing to a settlement and dismissing the case or scheduling a pre-trial conference;
- Going through voir dire to select a jury; and
- Presenting your case at trial.
Whatever situation you and your family are in, we are here to help. Call us right away to discuss: (830) 264-6297
