Have you lost a loved one in an accident? Contact our team at Attorney Brian White Personal Injury Lawyers for a free consultation and compassionate guidance. Our experienced Houston wrongful death lawyers can help your family take legal action and recover the compensation you need and deserve.
Our personal injury law firm has over 20 years of experience standing up for Houston families. We know how to navigate these cases with both compassion and determination.
Contact our Houston personal injury lawyers today to learn more about your legal rights and options.
Why Hire Our Wrongful Death Lawyers in Houston After the Loss of a Loved One?
Choosing the right law firm after a wrongful death can make all the difference in how your case ultimately turns out. We are one of the most well-respected law firms in the state and have built a reputation that makes defendants take notice.
Families throughout Houston and across Texas trust us because we:
- Have over 20 years of experience handling complex personal injury and wrongful death claims
- Have recovered hundreds of millions of dollars for deserving clients
- Prepare every case as though it will go to trial, strengthening our position at the negotiation table
- Provide personalized legal services, keeping you informed and supported every step of the way
- Are recognized as a respected trial firm that insurance companies take seriously
We are committed to helping you find justice while easing the financial strain caused by your loss. When you work with us, your case is never just another file; it’s our priority. Contact our Houston personal injury attorneys today for a free consultation.
How Soon Should You Contact an Attorney?
You should reach out to a law firm for help immediately after the loss of a loved one. Getting fast help means you’ll always have someone on your side to protect the rights of your family and to put you first.
We understand that taking legal action may be the last thing on your mind when you’re dealing with a fatal accident, but turning to a Houston wrongful death lawyer quickly can benefit you. You’ll have someone there to answer your questions, offer unwavering support, and handle all legal matters on your behalf.
Working with our team can allow you to focus on the emotional needs of your family as we handle legal matters for you. We also keep your claim moving, so you won’t need to worry about missing deadlines or your chance to hold the at-fault party responsible.
For a legal consultation call (713) 500-5000
Services Our Team Offers in Your Time of Need
When you turn to us for assistance, we‘ll prioritize the needs of your family and focus on developing a personalized strategy to address all of your legal concerns. Depending on your circumstances, we may focus on:
Giving You Clear Answers to Your Legal Questions
We believe that your family deserves straightforward answers throughout all stages of the legal process. We’ll take the time to listen to your concerns and then provide you with the information you need to make informed decisions.
We want you to feel confident about the choices you make after an accident that results in the loss of a loved one. Reach out to us now to start going over your options with a risk-free initial consultation.
Advising You About What to Do Next
We’ll ensure that you understand every step you should take after a fatal accident. Our experience allows us to guide you with confidence throughout every part of the legal process.
We help grieving families avoid mistakes that could damage their claims. We also stay available, so you can always reach out if you want an update about the status of your claim or advice about the action you need to take.
Gathering Evidence to Build Your Family’s Claim
We get to work fast to gather evidence and establish fault. In many cases, our Houston wrongful death attorneys need to establish that:
- Another party owed your loved one a duty of care
- The at-fault party violated its duty of care
- The at-fault party’s actions led directly to an accident
- The accident resulted in the death of your loved one
We need to collect evidence that we can present in insurance negotiations or through the civil court system as we represent your family. Potential evidence could include:
- Accident reports
- Witness statements
- Surveillance or dashcam video footage
- Expert testimony from accident reconstruction specialists or medical professionals
We take care of all aspects of the investigation on your behalf, so you can focus on spending more time with your family and caring for their emotional needs.
Handling All Legal Communications
We take over all communications with the liable party, insurance representatives, and other attorneys after a fatal accident. Allowing us to handle these communications can take the pressure off your family and protect your claim.
We know how to handle settlement negotiations when necessary. We’ll review any offer the insurance company sends to your family and determine if it fairly addresses the damages associated with the accident.
You can rely on us to handle this process diligently when you choose us for legal representation.
Focusing on Your Lawsuit
We can help families file wrongful death lawsuits when necessary in Houston, Texas. You can rely on us to stand up for you if your claim needs to go to court. We’ll present your case in front of a judge and jury, pushing for the outcome your family needs.
You can learn more about the services we offer and how we can take charge of your legal claim by reaching out for a risk-free initial consultation.
Houston Wrongful Death Lawyer Near Me (713) 500-5000
What Is Wrongful Death in Texas?
Under Texas law, a wrongful death occurs when a person’s death is caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” These claims are civil actions that allow certain family members to pursue damages in court.
The Texas wrongful death statute specifies who can bring such claims. The following parties may file:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
If none of these parties bring a claim within three months of death, the executor of the estate (also called the personal representative) may file on behalf of the surviving heirs.
Wrongful death claims are distinct from criminal prosecutions. A defendant might face both a civil lawsuit and criminal charges, but the outcomes are separate. Importantly, you can prevail in a wrongful death case even if there is no criminal conviction because the civil burden of proof is lower.
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Survival Actions in Texas
In addition to a wrongful death claim, Texas law also allows families to pursue a survival action. This type of claim is filed on behalf of the deceased person’s estate and seeks compensation for the losses your loved one suffered between the time of the injury and their passing.
Damages available through a survival action may include:
- Medical bills for treatment before death
- Lost wages from the time of injury until death
- Pain and suffering your loved one experienced
The compensation recovered through a survival action is distributed to the estate and ultimately benefits the heirs. When combined with a wrongful death claim, survival actions can help address all aspects of your family’s losses.
You can reach out to us now to learn more about the Texas survival statute.
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How Much Is Your Family’s Houston Wrongful Death Claim Worth?
No amount of money can replace a life. However, compensation can ease the financial burdens that follow and provide stability for your family’s future.
The value of a wrongful death case depends on many factors, including:
- The victim’s age, health, and life expectancy
- The victim’s earning capacity and expected income
- The nature of the support and services the victim provided to their family
- The circumstances of the accident and whether punitive damages may apply
- Whether the deceased shared any responsibility for the incident
Our wrongful death attorneys in Houston will work with financial experts to calculate both present and future losses. This calculation helps ensure that your family recovers the full measure of damages available under Texas law.
We gather evidence that can fully establish the losses your family sustained, including medical records and information from your loved one’s employer.
Types of Wrongful Death Cases We Handle in Houston, TX
With decades of experience, our lawyers have represented families in virtually every type of wrongful death case.
We are prepared to fight:
- Car Accidents: Fatal auto accidents happen with startling regularity. We’re here to help after a crash caused by drunk driving, aggressive driving, distracted driving, or other dangerous behaviors behind the wheel. We know how to handle crashes on the Gulf Freeway, Katy Freeway, Southwest Freeway, and other dangerous roads around town.
- Truck Accidents: We’re ready to help if you lose a loved one in a collision with a commercial vehicle. We take on trucking companies after collisions with 18-wheelers, semi-trucks, tractor-trailers, and other large vehicles. These accidents often happen when truckers fail to check their blind spots or ignore the rules of the road.
- Motorcycle Accidents: You can turn to us for help after a fatal motorcycle collision. We understand the tremendous hazards faced by motorcyclists, and we’re ready to stand up for your family after a collision.
- Pedestrian Accidents: Fatal pedestrian accidents often happen in parking lots, at crosswalks, or even along the side of the road. Drivers often ignore pedestrians, fail to check their blind spots, or engage in other dangerous behaviors that directly lead to these accidents.
- Bicycle Accidents: Motorists have a duty to share the road with bikers, but they often fail to do so, leading to fatal collisions. We’re here to put your family first after a bike accident. We’ll explain what you should do and find the liable party so we can hold them accountable for what happened.
- Premises Liability Accidents: We know how to handle premises liability claims after fatal accidents. For example, you can reach out to us after a deadly slip-and-fall accident, an accident involving an escalator or elevator, or an accident caused by negligent security.
- Workplace Accidents: Accidents at work can have fatal repercussions. For example, we understand the severity of construction site incidents. We can help your family navigate the workers’ compensation system and determine if you qualify to file a claim against a third party after a workplace accident.
- Medical Malpractice: We rely on healthcare professionals to care for our loved ones when they’re sick or hurt. Unfortunately, sometimes medical workers make deadly mistakes. We’re ready to step in and support your family when this happens, so don’t wait to reach out for assistance.
- Product Liability Accidents: Defective products can malfunction and have deadly results. We’re ready to take on your claim in this situation. We can review your family’s circumstances and determine if you qualify to file a wrongful death claim.
- Nursing Home Neglect or Abuse: You may count on a nursing home to care for an aging or infirm loved one. If a nursing home employee neglects your loved one or subjects them to abuse that results in their death, we’re here to step in and help with your legal claim.
- Criminal Acts or Assaults: If you lose a loved one due to an assault or another wrongful act, we can help with your civil claim, using our experience and legal know-how to offer the support and guidance you deserve in this challenging time.
Even if your situation is not listed here, we encourage you to contact us. If negligence or misconduct played a role in your loved one’s death, we are ready to help you pursue justice.
What Damages Can Your Family Recover in a Wrongful Death Claim?
Texas law allows families to recover two broad categories of damages in wrongful death cases. The first category compensates the surviving family members for their personal losses, including their economic and non-economic damages. This category includes damages for:
- Lost financial support
- Loss of household services
- Loss of companionship, comfort, and love
- Mental anguish suffered by surviving relatives
The second category covers financial losses connected to the death itself. These may include:
- Medical expenses related to the deceased’s final injury or illness
- Funeral expenses and burial costs
- Costs of estate administration
In rare cases, the court may award punitive damages (also called exemplary damages). The legal system uses these damages to punish a wrongdoer when their conduct was especially reckless or intentional.
Does Texas Cap Wrongful Death Damages?
Generally, Texas will not cap (or limit) the damages your family could receive to cover medical costs and other losses after a fatal accident. However, the state does limit the compensation available to grieving families after fatal accidents involving acts of medical malpractice.
We can give you more information about these restrictions and how they could potentially impact your family’s claim when you turn to us for help after a fatal accident caused by a negligent act.
Who Can Be Held Liable for Wrongful Death in Houston, TX?
Your family can bring a wrongful death claim against nearly any party whose negligence or misconduct caused the fatal accident. Depending on the facts, liable parties might include:
- A negligent driver
- An employer who failed to provide a safe workplace
- A manufacturer of a defective product
- A healthcare provider who committed malpractice
- A property owner who failed to correct or warn of hazards
Our legal team will investigate your case thoroughly to identify every potentially liable party if you hire us. Holding all responsible individuals and entities accountable can increase the compensation available to your family, making establishing liability one of the most critical steps of the process.
How Does Shared Fault Impact a Wrongful Death Claim in Texas?
Texas follows a modified comparative negligence law with a 51% bar. This law means that if the legal system finds that your loved one is more than 50% responsible for the accident, your family cannot recover compensation.
If your loved one is determined to be 50% or less at fault, you can still receive damages, but the award will be reduced by their percentage of fault. For instance, if the accident resulted in damages valued at $1 million but your loved one is found 10% responsible, your family would recover $900,000.
Insurance companies and defendants often attempt to shift blame to reduce what they owe. Having a skilled wrongful death lawyer in Houston is critical to push back against unfair fault arguments and to preserve the value of your claim.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Houston?
Many families worry about how they will afford a lawyer after losing a loved one. Our team at Attorney Brian White Personal Injury Lawyers removes this concern by representing wrongful death clients on a contingency-fee basis.
With this arrangement, you pay nothing up front to hire us. You only owe us if we recover compensation for you through a settlement or verdict. If we don’t win compensation for you, you don’t pay attorney’s fees.
This approach ensures that our interests are aligned, as the more money we recover for you, the more money we will receive for our legal services as well.
What Is the Deadline to File a Wrongful Death Lawsuit in Texas?
Like all states, Texas sets strict deadlines for filing lawsuits. Under the statute of limitations, you generally have two years from the date of death to file a wrongful death claim.
If you fail to file within this period, the court can dismiss your case, and your family may lose the right to compensation forever.
There are limited exceptions that may extend or shorten the timeline. For example, claims involving government entities have special notice requirements that are often much shorter than two years. It’s best to speak with a wrongful death attorney as soon as possible to protect your rights and ensure you file your claim on time.
The Statute of Limitations and Survival Actions
In a survival action, the limitations period is the same as the personal injury action that could have been brought if the deceased person were alive, but that limitations period is “tolled” for up to one year after the date of death.
When a limitations period is “tolled”, it means that the law will not count that time period when determining whether or not a representative has waited too long to bring a lawsuit. However, if an executor or administrator gets named during the one-year period following the date of death, the limitations period will start running again.
How Long Will Your Family’s Wrongful Death Claim Take?
The time it takes to fully resolve a wrongful death claim for your family will vary depending on many factors, including the method we select to handle your case. Generally, it will take less time to settle with the insurance company than to file a wrongful death lawsuit and go through the court system.
We’ll work to minimize the time you have to spend handling legal matters after a fatal accident. We use our experience to keep your family’s claim going. We’re ready to take charge now, so don’t wait to reach out for the assistance you deserve.
Contact Our Compassionate Houston Wrongful Death Attorneys for a Free Consultation
If you lost a loved one due to someone else’s negligence in Houston, Texas, you don’t have to face the legal system without an award–winning lawyer on your side. A wrongful death claim cannot erase your grief, but it can provide financial security and a sense of accountability.
At Attorney Brian White Personal Injury Lawyers, we will fight tirelessly for you and your family from start to finish. Our team has the experience and resources needed to successfully handle these cases, no matter their complexity.
Contact our Houston wrongful death lawyers today to schedule a free consultation. We can answer all of your questions and provide some initial legal advice at that time.
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