Have you lost a loved one in an accident in Houston, Texas? Contact Attorney Brian White Personal Injury Lawyers for a free consultation at (713) 500-5000. Our experienced Houston wrongful death attorneys can help your family take legal action and recover the compensation you need and deserve.
Our personal injury law firm has over 45 years of combined experience standing up for Houston families. We have recovered tens of millions of dollars for our clients and know how to navigate these cases with both compassion and determination.
Contact our Houston law offices today to learn more about your legal rights and options.
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Why Hire Attorney Brian White Personal Injury Lawyers to Help With My Family’s Wrongful Death Claim in Houston, TX?
Choosing the right law firm after a wrongful death can make all the difference in how your case ultimately turns out. Attorney Brian White Personal Injury Lawyers is one of the most well-respected law firms in the state and has built a reputation that defendants take notice of.
Families throughout Houston and across Texas trust us because we:
- Have over 45 years of combined experience handling complex personal injury and wrongful death claims
- Have recovered tens 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.
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 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.
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 expenses 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 ensure all aspects of your family’s loss are addressed.
How Much Is My 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 helps ensure that your family recovers the full measure of damages available under Texas law.
Types of Wrongful Death Cases We Handle in Houston, TX
With decades of combined experience, our lawyers have represented families in virtually every type of wrongful death case.
We are prepared to fight for you if your loved one’s death was caused by:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Workplace accidents
- Construction site incidents
- Medical malpractice
- Defective products
- Nursing home neglect or abuse
- Criminal acts or assaults
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 Be Recovered 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.
This 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 and burial costs
- Costs of estate administration
In rare cases, punitive damages may also be awarded. These are meant to punish the wrongdoer when their conduct was especially reckless or intentional.
Who Can Be Held Liable for Wrongful Death in Houston, TX?
A wrongful death claim can be brought 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 means that if your loved one is found to have been 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 damages are 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. 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 your claim is filed on time.
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.
