Have you lost a loved one due to someone’s negligence in Houston, TX? While no amount of money could ever make up for what has happened, a wrongful death claim could afford you and your loved ones a sense of justice, as well as meaningful financial relief.
Attorney Brian White Personal Injury Lawyers can help. Our Houston wrongful death attorneys have over 45 years of combined experience and have recovered tens of millions for families in the area.
Contact our Houston wrongful death lawyers today at (713) 500-5000 to schedule a free consultation.
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How Can Attorney Brian White Personal Injury Lawyers Help With My Wrongful Death Claim in Houston, Texas?
When you hire our Houston wrongful death lawyers, we can:
- Conduct a full investigation into how your loved one’s death occurred
- Collect evidence, including medical records, accident reports, and expert testimony
- Identify all of the potentially liable parties
- Handle settlement negotiations with insurers and defense lawyers
- File a lawsuit and take your case to trial if necessary
Insurance companies and defendants often work aggressively to minimize their responsibility in wrongful death cases in Houston, Texas, because the stakes — and potential payouts — are typically very high. If you don’t have an experienced legal team on your side, you run the risk of walking away with much less than you’re entitled to under the law.
Contact Attorney Brian White Personal Injury Lawyers for a free consultation with a Houston personal injury lawyer.
What Is Considered Wrongful Death in Texas?
Texas law defines wrongful death as one caused by another’s “wrongful act, neglect, carelessness, unskillfulness, or default.” In short, if your loved one could have filed a personal injury claim had they survived, you may bring a wrongful death case.
Examples include:
- Car accidents and other motor vehicle crashes
- Workplace accidents
- Medical malpractice
- Dangerous products
- Premises liability incidents, such as slip and falls or negligent security
- Criminal acts like assault or drunk driving
Wrongful death claims are filed in civil court, not criminal court. This means that you can still win your claim in civil court even if the at-fault party isn’t found guilty in their criminal case, as the burden of proof is lower.
In Texas, a survival action provides a legal avenue to claim expenses and compensation for the pain and suffering endured by your loved one from the time of their accident until their death.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can file these lawsuits. Eligible parties include:
- The surviving spouse
- Children (including legally adopted children)
- Parents of the deceased
If none of these family members files within three months, the executor of the estate may bring the case unless the family requests otherwise. This approach ensures that the people most directly impacted by the loss are the ones who can seek compensation.
What Damages Are Available in a Wrongful Death Case?
Damages in wrongful death claims are intended to provide financial relief and acknowledge the emotional harm caused by the death. Families may recover:
- Lost income and future earning capacity of the deceased
- Loss of household services and support
- Funeral and burial expenses
- Medical expenses related to the final injury or illness
- Loss of companionship, love, and comfort
- Emotional pain and suffering
In rare cases, exemplary damages (also referred to as punitive damages) may also be available if the death resulted from a willful act or gross negligence.
What if My Loved One Was Partly at Fault?
Texas follows a modified comparative negligence law with a 51% bar. This means:
- You can still recover damages if your loved one was less than 51% responsible.
- Your recovery will be reduced by their percentage of fault.
- If they were 51% or more responsible, you cannot recover compensation.
The opposing party may try and blame your loved one so that they can avoid paying the full value of your claim, but a respected attorney can respond to these allegations appropriately on your behalf.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
Texas law typically gives families two years from the date of death to file a wrongful death lawsuit in most cases. Missing this statute of limitations deadline can permanently bar you from recovering damages.
However, there are limited exceptions, such as when the surviving family member is a minor or when fraud was involved. It is best to act quickly and contact a lawyer for help as soon as possible to ensure your claim is filed on time.
Contact Our Houston Wrongful Death Attorneys for a Free Consultation
If you lost a loved one in an accident in Houston, TX, we know that nothing can truly make up for your loss. However, filing a wrongful death claim can provide your family with financial security and accountability from the responsible party.
Contact Attorney Brian White Personal Injury Lawyers today for a free consultation. Our Houston wrongful death attorneys work on a contingency basis, meaning we only get paid if we secure compensation for you.
