Table of contents
Compassionate Legal Support for Mid-West Houston Families
Losing a loved one is a life-altering experience that leaves families searching for answers and financial stability. In the Mid-West neighborhood of Houston, residents deserve a legal team that understands the local landscape and the gravity of their loss. Our firm is here to help you navigate the legal process with dignity. If you are seeking justice for a family member, consulting a Houston Wrongful Death Lawyer is a critical first step in protecting your family’s future.
We provide personalized legal representation to families throughout the Mid-West area, ensuring that those responsible for a fatal accident are held accountable. While no amount of money can replace a loved one, a wrongful death claim can help alleviate the financial burdens that follow a sudden passing.
Common Causes of Wrongful Death in Houston
Wrongful death claims arise when a person’s death is caused by the negligence or misconduct of another party. In the busy Mid-West area of Houston, these tragic events often stem from various circumstances, including:
- Motor Vehicle Accidents: Fatal crashes involving passenger cars, motorcycles, or pedestrians on congested roads like Westheimer Road or the West Loop.
- Commercial Trucking Accidents: Collisions with 18-wheelers or delivery trucks often result in catastrophic outcomes.
- Workplace Accidents: Fatalities occurring at construction sites, industrial facilities, or due to unsafe working conditions.
- Premises Liability: Deaths caused by negligent security, fires, or dangerous property conditions.
- Medical Malpractice: Errors by healthcare professionals that lead to fatal complications.
What to Do After the Loss of a Loved One
The days and weeks following a loss are overwhelming. While legal action may not be the first thing on your mind, taking certain steps can help preserve your rights:
- Obtain the Official Death Certificate: This is a necessary document for all legal and financial proceedings.
- Request Investigative Reports: If the death involved an accident, secure copies of police reports or workplace safety investigations.
- Preserve Evidence: Keep records of medical bills, funeral expenses, and any communication with insurance companies.
- Consult a Legal Professional: Before signing any documents or accepting a settlement offer from an insurance company, speak with a lawyer to understand the full value of your claim.
How Fault and Liability Work in Texas
In Texas, establishing liability in a wrongful death case requires proving that the defendant owed the deceased a duty of care, breached that duty, and that the breach directly caused the death. Texas follows a “modified comparative negligence” rule. This means that if the deceased was partially at fault, the recovery may be reduced by their percentage of fault. However, if they are found to be more than 50% responsible, the family may be barred from recovering damages entirely. Our role is to build a strong case that clearly demonstrates the negligence of the other party.
Damages You May Recover
The goal of a wrongful death claim is to provide financial support for the survivors. Depending on the circumstances, families may be eligible to recover various categories of damages, such as:
- Economic Damages: These include the loss of the deceased’s expected earning capacity, medical expenses incurred prior to death, and funeral and burial costs.
- Non-Economic Damages: These cover the loss of companionship, love, comfort, and society, as well as the emotional pain and mental anguish suffered by the survivors.
- Exemplary Damages: In cases where the death was caused by a willful act or gross negligence, the court may award additional damages to punish the wrongdoer.
The Legal Process and Timeline
The process of a wrongful death claim typically begins with a thorough investigation to gather evidence and identify all liable parties. From there, your attorney will file a formal claim and enter into negotiations with the insurance companies. If a fair settlement cannot be reached, the case may proceed to litigation and trial. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of the person’s death, though there are limited exceptions. It is vital to begin the process early to ensure evidence is preserved.
Frequently Asked Questions
Who is eligible to file a wrongful death lawsuit in Texas?
Under Texas law, 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.
Can siblings file a wrongful death claim?
In Texas, siblings are generally not permitted to file a wrongful death lawsuit for the loss of a brother or sister. The law specifically limits these claims to the spouse, children, and parents.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for their personal losses resulting from the death. A survival action is brought on behalf of the deceased’s estate to recover damages the deceased suffered prior to death, such as conscious pain and suffering.
How long does a wrongful death case take to resolve?
The timeline varies significantly depending on the complexity of the case and the willingness of the insurance company to negotiate. Some cases settle in months, while others involving litigation may take a year or longer.
Contact a Mid-West Houston Wrongful Death Lawyer Today
If you have lost a family member due to someone else’s negligence, you do not have to face the legal hurdles alone. Our team is dedicated to providing the Mid-West Houston community with compassionate and aggressive legal representation. We offer a free consultation to discuss your case and help you understand your options.
Contact us today to learn how we can support you. Call (713) 747-7777 or visit our contact page to schedule your free case evaluation.