Apartment Complex Wrongful Death Lawsuits In Houston Texas

At Sneed & Mitchell, our attorneys understand the grief wrongful death causes when a loved one dies within an apartment complex. We work tirelessly to hold responsible property owners, management companies, and third party agents responsible who carelessly and needlessly cause the death of others. Although no amount of monetary compensation makes up for losing a loved one, financial support can ease the financial burden and help surviving family members. Contact our law firm today to learn how we can help.

Wrongful Death claims in Texas allow families to hold negligent parties accountable and pursue compensation for their emotional and financial losses, including irresponsible landlords and those who mismanage apartment complexes. Whether the death occurred due to unsafe conditions at an apartment complex, negligent security, or another preventable tragedy, understanding the legal options available under the Texas Wrongful Death Statute is essential for those seeking closure and justice.

If your loved on died within an apartment complex here in Houston, call 713-800-6676 today. At Sneed & Mitchell LLP our attorneys regularly handle wrongful death and survivorship cases and regularly hold apartment building and management companies liable for the avoidable losses of life that occur on their premises. Let our Catastrophic Injury Attorneys protect your rights, secure the financial compensation your family is entitled to, and honor your loved one by ensuring lasting accountability.

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No matter how your loved died in an apartment complex here in Harris County, share the story with a trial attorney now by calling 713-800-6676, or leave us a message online and we'll contact you immediately.

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What Is an Apartment Complex Wrongful Death Lawsuit?

An apartment complex wrongful death lawsuit is a legal claim filed by the surviving family members or estate of an individual who has died as a result of negligence or wrongful actions within an apartment complex. These lawsuits often arise from fatal accidents, violent crimes, unsafe living conditions, or improper maintenance of the property. Some common issues that cause wrongful deaths in apartments are fires, buildings falling apart, not enough security leading to attacks or murders, and other dangerous issues that the property owners or managers didn’t fix.

In Texas, wrongful death lawsuits allow family members to seek compensation for the emotional and financial losses they have suffered due to the untimely death of their loved one. To succeed in fatality-related cases, the plaintiff must prove that the defendant’s negligence or intentional misconduct was the direct cause of the death.

In addition to a wrongful death lawsuit, surviving family members may also pursue a survivorship action in Texas. A survivorship action is brought on behalf of the deceased’s estate and allows for the recovery of damages that the deceased person could have pursued if they had survived. 

When possible, both causes of action should be pursued concurrently, which helps ensure that the heirs of the victim receive full compensation for the harm caused by the negligence.

Examples of Survivorship Actions in Apartment Wrongful Death Cases

Survivorship actions in wrongful death cases happen when the person who died was hurt before they passed away, and their estate tries to get money for it.

For example, if someone gets attacked because the apartment didn’t have enough security, their estate can go after money for pain, suffering, and medical bills before they passed. Similarly, if a fire happens because the wiring was bad or safety measures were not adequate, the estate can try to pursue money for the victim’s pain and suffering, plus the medical costs from their burn injuries before they died.

Other examples include getting poisoned by carbon monoxide because there were no detectors, slipping and falling because the place wasn’t fixed properly, or drowning because the pool area wasn’t secured. Also, if someone dies from toxic fumes or injuries from a broken elevator, the estate can ask for money for their medical bills and suffering before death.

Survivorship actions related to wrongful death in an apartment complex occur when the deceased suffered harm before their death, allowing the estate to seek damages.

Who Can File Wrongful Death and Survivorship Actions in Texas?

The Texas Wrongful Death Statute, outlined in Chapter 71 of the Texas Civil Practice and Remedies Code, allows certain family members to file a lawsuit when their loved one's death is caused by someone else's wrongful act, neglect, or carelessness. In Texas, the surviving spouse, children (including adopted children), and parents of the deceased are eligible to bring a wrongful death claim. 

If none of the applicable family members file a claim within three months of the death, the executor or personal representative of the deceased’s estate may file the lawsuit. This civil statute ensures that families can seek compensation for the impact of the victims death on their lives. 

What Type of Lawyers Handle Death Claims That Occur in Apartment Complexes?

When pursuing an apartment wrongful death claim, it’s essential to work with an experienced attorney who understands the various legal frameworks involved, including premises liability, negligent security, and wrongful death actions. Lawyers that regularly handle premises liability actions are skilled at investigating the circumstances surrounding the incident and holding responsible parties accountable for their failures.

Premises Liability Attorneys 

Lawyers pursue premises liability cases in situations where the owner or operator of a property is legally responsible for injuries or deaths that occur due to unsafe conditions. In apartment complexes, these unsafe conditions could include poorly lit parking lots, broken gates or locks, fire alarms that don’t work, or dangerous balconies.

Negligent Security Attorneys

If a tenant or guest is killed because of a crime that could have been prevented with better security, such as surveillance cameras, guards, or better lighting, a lawyer experienced in negligent security cases will be very important.

Wrongful Death and Survivorship Action Attorneys

On behalf of bereaved clients, legal professionals can file both wrongful death claims, which seek compensation for the surviving family members, and survivorship actions, which seek damages on behalf of the deceased’s estate. The lawyer must be well-versed in Texas wrongful death statutes and the specific evidence required to support the claim.

By partnering with a skilled attorney and taking swift legal action, you can hold negligent parties accountable and seek justice for the loss of your loved one. Contact Sneed & Mitchell LLP at 713-800-6676 for a free and confidential consultation regarding your rights, your losses, and what can be done to help you find a form of resolution and move forward.

Who Is Liable for Wrongful Deaths Within Apartment Buildings?

In Texas, several parties may be held liable for wrongful deaths that occur within apartment buildings. Determining liability depends on the specific circumstances of the case, including the nature of the accident or crime and who was responsible for the property’s maintenance and security. Liability could extend to the apartment complex owners, management companies, product manufacturers, maintenance contractors, and even third-party service providers.

Complex Owners

Apartment owners are usually the first ones blamed in wrongful death cases. They own the property, so it’s their job to keep it safe and fix anything dangerous. This includes making sure balconies, stairs, and railings don’t fall apart, fire alarms and sprinklers work, and people are protected from crimes that could happen. If they knew about problems like a broken lock, a fire hazard, or criminal activity nearby and didn’t do anything, they could be held responsible if someone dies.

Management Companies

Many apartment owners hire management companies to take care of stuff like fixing things, keeping the place safe, and dealing with tenants. If someone dies because the management company didn’t do its job, they could be held responsible. For example, if the company ignored complaints about a broken security gate and then someone was killed during a break-in, it could be their fault.

Product Manufacturers

Sometimes, product defects within the apartment complex can lead to fatal accidents, such as faulty fire alarms, defective smoke detectors, or unsafe appliances provided by the landlord. In cases involving harmful products or devices, manufacturers and corporations could be held liable under product liability laws. A defective product claim could be pursued if a flaw in the design or manufacturing of a product contributed to or caused the death to occur.

Maintenance Contractors

Maintenance contractors hired by the apartment complex are responsible for performing repairs. This includes maintaining safety systems, and ensuring the building is in compliance with local safety codes. If they fail to perform their duties properly, such as neglecting to fix a dangerous wiring issue that leads to a fatal fire, they may be held liable for wrongful death.

Other Third-Party Companies

Sometimes other companies like security services, pest control, or elevator repair workers can also be blamed if their mistakes make the place unsafe. For example, if a security company doesn’t do its job and a preventable crime happens, they might be held partly or fully responsible for the death.

How To File a Wrongful Death Apartment Lawsuit

Filing a lawsuit after someone dies due to negligence at an apartment in Texas requires many steps. A great deal of paperwork is involved, and some cases require the hiring of experts. These are tasks a lawyer completes on your behalf. If you believe your loved one’s death was caused by negligence at an apartment complex, here is what the journey to legal recovery may include:

Consult with an Experienced Attorney

Your first step should be to consult with a lawyer who specializes in wrongful death and premises liability cases. They will review the facts of your case and guide you through the legal process.

Investigate the Incident

It is very important to find out how the death happened and who is responsible. Your lawyer will collect evidence, such as police reports, maintenance records, witness statements, and security camera videos if available.

Determine the Defendants

After the investigation, your lawyer will decide who is legally responsible for the death. This could include the property owner, the company managing the apartment, the security company, or others responsible for keeping the area safe.

File the Lawsuit

Your lawyer will file a wrongful death lawsuit for the family or estate of the deceased. This lawsuit will explain the legal reasons for the claim and ask for money to cover damages, such as medical costs, funeral expenses, lost income, emotional suffering, and loss of companionship. 

Engage in Settlement Negotiations or Go to Trial

Many wrongful death cases are settled without going to court. If no agreement is reached, your lawyer will take the case to trial and work to get fair compensation for your loss.

Who Is Immune from A Wrongful Death Lawsuit In Texas?

Although most individuals and companies in Texas can be subjected to wrongful death claims, there are a few exceptions. As an example, government employees and agencies in Texas are sometimes immune from civil liability when the actions occurred within the scope of their official duty. Other times, the immunities extended to public entities include limitations of the amount recoverable through a successful injury-related lawsuit. 

Another caveat here in Texas the law that protects employers is extended to companies that subscribe to workers’ compensation. When workers’ comp is in effect, a family cannot pursue a wrongful death claim against an employer if the company, or its agents, were only involved in ordinary negligence. Texas lawmakers felt that common forms of negligence should only entitle a family to the benefits provided through workers’ compensation. However, the Texas Constitution allows the children and spouse of the victim to sue and recover compensation if the actions are found to be grossly negligent.

Statute of Limitations for Wrongful Death in Texas

In Texas, there is a strict time limit, known as the statute of limitations, for filing a wrongful death lawsuit. Under Texas law, families typically have two years from the date of death to file a claim. Failing to file a lawsuit within this timeframe can result in the loss of the right to pursue compensation. 

However, there are some exceptions that could extend the statute of limitation deadline, such as in cases where the death was caused by a government entity or if the responsible party concealed evidence of their negligence. It’s crucial to consult an attorney promptly to ensure your claim is filed within the applicable time constraints.

Proven and Compassionate Houston Wrongful Death Attorneys

Losing someone you love in a preventable tragedy is one of the most difficult experiences any family can endure. While no legal action can ever truly compensate for the emotional pain, a wrongful death lawsuit can offer a sense of justice and help ease the financial burden left behind. 

In Texas, you have the right to hold those responsible accountable for their negligence and pursue the compensation you deserve. If you’ve lost a loved one due to unsafe conditions or negligence at an apartment complex, don’t face this difficult time alone. 

Contact an experienced wrongful death attorney from Sneed & Mitchell LLP at 713-800-6676 or by using our private online form. Our team can guide you through the legal process, fight for your rights, and help your family find some measure of peace during this challenging time.