If you or a loved one was involved in an accident caused by someone else that resulted in serious injury or death, you may have a claim against the responsible person or company for failing to act responsibly. During a time of grief and uncertainty, you deserve clear guidance on your options. Depending on the circumstances, you may be able to file a lawsuit to recover damages, which can include medical expenses, pain and suffering, loss of past and future earnings, and in some cases punitive damages.
Because the process is often difficult to navigate, it is important to contact the experienced personal injury trial lawyers at Callender Bowlin as soon as possible for a free consultation. Our firm is built on providing personalized service you will not receive from other personal injury firms. We are committed to providing you with the attention you deserve throughout the litigation process.
Why Hire A Lawyer?
You simply cannot fight this battle alone. Insurance providers and other large corporate defendants will refuse to pay you what you deserve until you provide the appropriate documentation and support to justify your damages. They will also offer you lowball settlements and pressure you to resolve the matter quickly, so they can avoid paying out large sums. Without the help of experienced lawyers, you will leave money on the table.
Our firm will take care of the legal issues for you, and we will pursue compensation for the personal and financial losses you suffered so that you can focus on moving forward after a serious accident, such as a truck accident or an industrial accident, or the loss of a loved one. Depending on your particular situation, you may be entitled to numerous types of damages including:
- Medical expenses
- Pain and suffering
- Funeral and burial expenses
- Loss of income
- Loss of inheritance
- Loss of household services
- Loss of companionship
Catastrophic Injuries We Handle
A catastrophic injury is one that changes a person’s life permanently, often affecting their ability to work, live independently, or do the things they once took for granted. These cases carry higher stakes than ordinary injury claims because the losses stretch across a lifetime. We represent individuals and families dealing with the most serious outcomes, including severe brain and spinal cord injuries, injuries resulting in paralysis, amputations, serious burns, and other harm requiring long-term or lifelong care. Because the future cost of care is central to these cases, building an accurate picture of what the injury will require over time is a critical part of the work.
Wrongful Death Claims in Texas
When an injury results in death, Texas law provides a way for the family to seek accountability and compensation. Under the Texas Wrongful Death Act (Chapter 71 of the Civil Practice and Remedies Code), a wrongful death claim may be brought by the surviving spouse, children, or parents of the person who died. Texas law limits who can file. Siblings, grandparents, and other extended family members do not have standing to bring the claim on their own. If none of the eligible family members files within three months of the death, the executor or administrator of the estate may bring the action on their behalf, unless the family asks otherwise.
Texas also recognizes a separate claim known as a survival action. While a wrongful death claim compensates the family for their own losses, a survival action belongs to the estate and recovers the losses the person themselves experienced before death, such as their medical expenses and the pain and suffering they endured. In many fatal cases, the family pursues both claims together in the same lawsuit, because they address different losses. An attorney can explain which claims apply to your family’s situation.
Deadlines Matter
Texas generally requires a wrongful death or survival claim to be filed within two years, and for a wrongful death claim that period usually begins on the date of death rather than the date of the accident. There are limited exceptions that can pause this deadline, such as when the person who died left behind a minor child. Because the two-year deadline is strictly enforced and missing it can end a claim before it begins, it is wise to speak with an attorney early, even if you are not ready to make any decisions yet.
How We Support Families
We understand that behind every one of these cases is a person and a family going through one of the hardest experiences of their lives. Our role is to carry the legal burden so you do not have to. We investigate what happened, identify everyone who may be responsible, work with the right experts to document the full extent of the losses, and deal with the insurance companies and their lawyers on your behalf. Throughout, we try to keep the process as clear and as manageable as possible, so you can focus on your family while we focus on the case.
Catastrophic Injury and Wrongful Death FAQs
Who can file a wrongful death claim in Texas?
Under Texas law, only the surviving spouse, children, or parents of the person who died may file a wrongful death claim. They can file individually or together. If none of them files within three months of the death, the estate’s executor or administrator may bring the claim on their behalf.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for their own losses, such as lost financial support and companionship. A survival action belongs to the estate and recovers what the person who died experienced before death, including their medical expenses and pain and suffering. Families often pursue both in the same case.
How long do I have to file in Texas?
Generally two years, and for a wrongful death claim the deadline usually runs from the date of death. Some situations can pause the clock, but because the deadline is firmly enforced, it is best to get advice early rather than risk running out of time.
What compensation may be available?
It depends on the facts, but recovery can include medical expenses, lost income and earning capacity, funeral and burial costs, loss of companionship and household services, and the pain and suffering involved. In cases of especially serious misconduct, additional damages may be available.
