Table of contents
Losing a loved one is an unimaginable tragedy, especially when that loss was caused by someone else’s negligence or wrongful actions. In the Memorial area of Houston, families facing these difficult times need more than just legal advice; they need a compassionate advocate who understands the local community and the complexities of Texas law. Our team is dedicated to supporting families as they seek justice and financial stability after a fatal accident.
If you are searching for a Houston Wrongful Death Lawyer to help you navigate the aftermath of a loss in the Memorial City or Energy Corridor area, we are here to provide the guidance you need. We offer a free consultation to discuss your rights and the potential paths forward for your family.
Common Causes of Wrongful Death in Memorial
Fatal accidents can happen anywhere, from the busy intersections of Gessner Road to the residential streets of Bunker Hill Village. Our firm handles cases involving a variety of circumstances, including:
- Motor Vehicle Accidents: High-speed collisions on I-10 or accidents involving distracted drivers on Memorial Drive.
- Commercial Trucking Accidents: Incidents involving large rigs traveling through the Houston area.
- Medical Malpractice: Fatal errors occurring in hospitals or surgical centers.
- Workplace Fatalities: Accidents at construction sites or industrial facilities near the Energy Corridor.
- Premises Liability: Fatal injuries caused by dangerous conditions on commercial or private property.
What to Do Following a Fatal Accident
The days following a sudden loss are often a blur of grief and administrative tasks. While legal action may not be the first thing on your mind, taking certain steps can help protect your family’s future interests:
- Obtain the Official Report: Whether it is a police report or an incident report from a business, ensure you have a copy of the official documentation.
- Preserve Evidence: If possible, keep records of any communications, photos of the scene, or contact information for witnesses.
- Avoid Early Settlements: Insurance companies may reach out quickly. It is often best to consult with a lawyer before signing any documents or accepting a settlement offer.
- Consult a Legal Professional: A wrongful death attorney can help investigate the cause of death and identify all liable parties.
Understanding Fault and Liability in Texas
In Texas, a wrongful death claim arises when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. Proving liability requires demonstrating that the defendant owed the deceased a duty of care, breached that duty, and directly caused the fatal injury.
Texas also follows a “modified comparative negligence” rule. This means that if the deceased was partially at fault, it could impact the recovery. However, as long as the deceased was not more than 50% responsible, the family can still pursue a claim. Our role is to build a strong case that accurately reflects the facts of the incident.
Damages You May Recover
While no amount of money can replace a family member, a wrongful death claim is designed to provide financial support for the survivors. Generally, eligible family members may seek compensation for:
- Economic Losses: This includes the loss of the deceased’s earning capacity, benefits, and financial support.
- Funeral and Burial Expenses: Costs associated with the final arrangements for your loved one.
- Non-Economic Losses: Compensation for the loss of companionship, love, comfort, and society.
- Mental Anguish: The emotional pain and suffering experienced by the surviving family members.
- Exemplary Damages: In cases involving gross negligence or willful acts, additional damages may be sought to punish the wrongdoer.
The Legal Process and Timeline
The process typically begins with a thorough investigation into the accident. We gather evidence, interview witnesses, and often consult with experts to reconstruct the event. Following the investigation, we file a formal claim or lawsuit against the responsible parties.
Most cases involve a period of discovery and negotiation with insurance companies. If a fair settlement cannot be reached, the case may proceed to trial. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of the death, though there are very limited exceptions. It is critical to act within this timeframe to preserve your right to file.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Texas?
In Texas, the surviving spouse, children, and parents of the deceased are eligible to file a wrongful death claim. If none of these individuals file within three months of the death, the executor or administrator of the estate may file unless specifically requested not to by all eligible family members.
How much does it cost to hire a wrongful death lawyer?
We work on a contingency fee basis. This means you pay no upfront legal fees, and we only receive payment if we successfully recover compensation for your family.
How long do these cases usually take?
Every case is unique. Some may resolve in a few months through negotiation, while complex cases involving litigation can take a year or longer. Our priority is ensuring the best possible outcome rather than the fastest.
Contact a Memorial Wrongful Death Lawyer Today
If you have lost a loved one in the Memorial area of Houston, you do not have to face the legal hurdles alone. Our firm is committed to providing the compassionate representation and aggressive advocacy your family deserves. We are ready to help you hold the responsible parties accountable.
Contact us today for a free consultation to discuss your case and learn about your legal options. Call us at (713) 747-7777 or visit our contact page to schedule your appointment.