In Texas, families can seek justice after an apartment shooting by filing a wrongful death claim. These civil lawsuits hold individuals, companies, or property owners accountable for causing or contributing to a person’s death.
This type of legal claim is separate from criminal charges. While criminal cases focus on punishing the offender, a wrongful death lawsuit allows surviving family members to pursue financial compensation for the emotional and economic impact of the loss.
What Is a Wrongful Death?
Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death occurs when a person dies due to another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
In the context of an apartment shooting, a wrongful death claim may be available if the death could have been prevented through reasonable security measures or if a third party played a role in enabling the violence.
In other words, if the deceased could have filed a personal injury claim had they survived, surviving family members may have a wrongful death lawsuit.
Who Could Be Liable for an Apartment Shooting?
Several parties may be held liable in a wrongful death lawsuit after an apartment shooting, depending on the facts of the case:
The Shooter
The person who committed the shooting can be held civilly liable for the deceased’s damages prior to death, as well as the loss of support and companionship experienced by surviving family members.
The Apartment Complex Owner or Management Company
Property owners and managers have a legal duty to provide a reasonably safe environment for residents and visitors. To this end, they have a duty to repair broken gates or locks, provide adequate lighting, and provide security in a high-crime area, among other things.
If the property owner failed to do this, and it led to the shooting, you could have a negligent security claim.
Security Companies or Contractors
If a private security firm was hired to protect the property and failed to perform its duties, they may be liable for a fatal shooting.
Other Third Parties
In some cases, landlords, maintenance crews, or even tenants may share responsibility if their actions contributed to the unsafe conditions or violence.
Damages Available in a Texas Wrongful Death Lawsuit
Eligible family members (e.g., a spouse, children, or parents of the deceased) may recover a range of damages in a Texas wrongful death claim, including:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of income or financial support
- Loss of companionship, love, and guidance
- Mental anguish and emotional pain
- Loss of household services
In rare cases involving gross negligence or willful misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.
Contact an Experienced Wrongful Death Lawyer for Help
Filing a wrongful death claim after an apartment shooting is a complex process. A skilled wrongful death attorney can investigate the case, identify liable parties, gather evidence, and fight for the compensation your family deserves.
If you’ve lost a loved one in an apartment shooting, contact Hampton & King as soon as possible to protect your rights and pursue justice.