Under Texas law, the deceased person’s surviving spouse, children, and parents have the right to file a wrongful death lawsuit to seek compensation.
Houston Wrongful Death Lawyer
Preventable accidents are far too common in the Houston area. Every day, innocent lives are tragically cut short in incidents on I-45 or the 610 Loop. These events leave behind a trail of devastation and pain for surviving family members. If you have recently lost a loved one due to someone else’s negligence, you may be entitled to compensation for your financial losses and emotional suffering. Contact a Houston wrongful death lawyer at The Nguyen Injury Law Firm to discuss your case and your legal options during a free consultation.
Key Takeaways
Why Choose The Nguyen Injury Law Firm for Your Houston Wrongful Death Case
The Nguyen Injury Law Firm has deep roots in the Houston community and extensive experience handling wrongful death cases throughout Texas. Our attorneys understand local courts, judges, and the unique challenges families face throughout Harris County and surrounding areas. We serve families from the Heights to Downtown Houston, with offices convenient to the Medical Center and accessible from major highways like I-10, I-45, and the 610 Loop. We know the Harris County court system and work with local medical professionals, accident reconstruction experts, and other specialists to build the strongest possible case for your family.
We understand the unique circumstances that lead to wrongful deaths in our area, from construction accidents in Houston’s booming development zones to semi-truck wrecks on the Katy Freeway or the Grand Parkway. Our attorneys have a proven track record handling complicated cases and provide a client-centered approach that adapts to each family’s needs during the grieving process while vigorously pursuing justice.
Understanding Texas Wrongful Death Law
Texas wrongful death law allows specific family members to seek compensation when negligent, reckless, or intentional actions cause a death. The law recognizes that families lose more than just their loved one—they lose financial support, companionship, and guidance that dramatically impacts their future. Wrongful death cases differ from criminal cases because they focus on financial compensation rather than punishment. Even if criminal charges result in acquittal, families may still pursue wrongful death claims because civil cases require a lower burden of proof.
Under Texas Civil Practice and Remedies Code Chapter 71, the deceased person’s surviving spouse, children, and parents have the legal right to file these cases. If none of these family members exist or choose not to file within three months of the death, the deceased person’s estate executor may pursue the claim. This system ensures that the people most affected by the loss have control over the legal process.
Common Causes of Wrongful Death in Houston
Houston wrongful death cases arise from various types of accidents and negligent behavior. The city’s sprawling highways, industrial complexes, and construction boom create unique risk factors.
-
Motor Vehicle Accidents: Drunk driving, distracted driving, and reckless behavior cause fatal crashes on Houston highways like I-10, I-45, and the 610 Loop. Interstate 45 through Houston has been ranked among America’s deadliest highways.
-
Workplace Accidents: Houston’s energy, petrochemical, and construction industries experience fatal accidents when companies violate safety regulations, leading to plant explosions, falls, and equipment malfunctions.
-
Defective Products: When manufacturers fail to ensure product safety, faulty machinery, dangerous pharmaceuticals, and defective consumer products can cause fatal injuries.
-
Medical Malpractice: Despite Houston’s world-renowned medical centers, preventable errors like surgical mistakes, misdiagnosis, and medication errors can lead to wrongful deaths.
-
Premises Liability: Slip and fall accidents, inadequate security, and unsafe property conditions may lead to fatal injuries when property owners neglect their duty of care.
-
Nursing Home Negligence: Neglect, abuse, and inadequate medical care at Houston area nursing homes can result in preventable deaths among elderly residents.
Damages Available in Houston Wrongful Death Cases
Texas law allows families to recover various damages that reflect both economic losses and the emotional impact of their loss. Courts calculate these damages by examining the deceased person’s age, earning capacity, and relationships with family members.
-
Economic Damages: These compensate for measurable financial losses, including lost income and financial support, lost inheritance, medical expenses incurred before death, and funeral and burial costs.
-
Non-Economic Damages: These address emotional and relational losses, including mental anguish, loss of companionship and society, loss of care and guidance, and loss of consortium for spouses.
-
Punitive Damages: Available in cases of gross negligence, these damages are intended to punish wrongdoers and deter similar conduct.
How a Houston Wrongful Death Lawyer Can Help
Wrongful death cases involve complex procedures and sophisticated insurance company tactics. A lawyer handles these challenges while you focus on your family. Insurance companies often try to settle cases quickly for minimal amounts. Having legal representation protects your family from these pressure tactics.
Our attorneys will investigate the circumstances by working with accident reconstruction experts and medical professionals to understand what happened and who is responsible. We handle all communication with insurance companies, preventing them from using your grief against you. Finally, we build a strong legal case by gathering medical records, expert testimony, and other evidence to establish liability and demonstrate the full extent of your damages.
The Importance of Acting Quickly
Texas law imposes strict time limits on wrongful death lawsuits. The statute of limitations is generally two years from the date of death. Waiting too long can permanently bar your family from seeking justice. Beyond legal deadlines, early action helps preserve evidence and witness testimony that may disappear over time.
Critical evidence like hospital records, security camera footage, and electronic data has a limited lifespan. Accident scenes are cleaned up, and vehicles are repaired or scrapped. Our attorneys immediately send preservation letters to all relevant parties, legally requiring them to maintain evidence. Claims against government entities in Houston or Harris County have even shorter deadlines—often just six months—making immediate legal consultation essential.
Supporting Your Family Through the Legal Process
Wrongful death cases can take months or years to resolve. Our attorneys provide consistent support, explaining complex legal concepts in plain language so you can understand your rights and make informed decisions. We can also connect your family with Houston-area resources like grief counselors (such as Bo’s Place), financial advisors, and other professionals who can help during this difficult transition.
Proving Liability in a Houston Wrongful Death Case
Successfully obtaining compensation requires proving four key elements:
-
Establish Duty of Care: We prove the defendant had a legal obligation to act with reasonable care (e.g., a driver following traffic laws).
-
Demonstrate Breach of Duty: We show how the defendant failed to uphold that duty (e.g., a driver was texting).
-
Prove Causation: We connect the defendant’s actions directly to your loved one’s death, often using expert testimony.
-
Document Damages: We thoroughly document all economic and non-economic damages to ensure you receive maximum compensation.
Wrongful Death Claims vs. Survival Actions in Texas
Texas law allows for two types of claims after a fatal accident:
-
Wrongful Death Claims: These compensate surviving family members (spouse, children, parents) for their own losses, such as lost financial support, lost companionship, and mental anguish.
-
Survival Actions: These are brought by the deceased person’s estate to recover damages the victim could have claimed had they survived. This includes medical expenses before death, the deceased’s pain and suffering, and funeral costs.
Our firm often pursues both types of claims simultaneously to maximize the total recovery for your family.
The Houston Wrongful Death Legal Process
Navigating a case through the Harris County legal system involves several stages:
-
Initial Consultation: A free, confidential meeting to discuss your case and legal options.
-
Investigation: Our team gathers evidence, interviews witnesses, and consults experts.
-
Filing the Lawsuit: We file a wrongful death petition with the appropriate Harris County court.
-
Discovery Phase: Both sides exchange information through written questions and depositions.
-
Negotiation & Mediation: We negotiate vigorously to seek a fair settlement before trial.
-
Trial (If Necessary): If a fair settlement cannot be reached, we are fully prepared to present your case to a Harris County jury.
Working with Houston Medical Facilities
Houston is home to several nationally recognized trauma centers that often play a vital role in fatal injury cases. These facilities, including Memorial Hermann-Texas Medical Center, Ben Taub Hospital, and Texas Children’s Hospital, maintain critical medical records that can be essential evidence. Our attorneys have extensive experience obtaining and interpreting medical documentation from these and other Houston facilities to support your claim.
Contact a Houston Wrongful Death Lawyer Today
The Nguyen Injury Law Firm fights for justice for Houston families grieving from a wrongful death. We handle every aspect of your case, from investigating the loss to dealing with insurance companies and representing you in court. While no financial recovery can replace your loved one, proper compensation can provide security and a sense that justice has been served.
Our wrongful death cases are handled on a contingency fee basis, meaning you pay nothing upfront. We only collect a fee if we secure compensation for your family. Don’t let time run out on your right to seek justice. Call (713) 747-7777 today.
Houston Bike Accident FAQs
How much does it cost to hire a wrongful death lawyer?
Dealing with a tragic loss is hard enough without worrying about legal fees. The Nguyen Injury Law Firm handles wrongful death cases on a contingency fee basis, which means you pay absolutely nothing upfront. Our firm only collects a fee if we successfully secure compensation for your family, ensuring our goals are perfectly aligned with yours.
Can we file a wrongful death lawsuit if there are no criminal charges?
Yes. A wrongful death lawsuit is a civil claim, completely separate from any criminal case. Civil cases have a lower burden of proof, meaning you can win a wrongful death case even if the responsible party is not found guilty in criminal court. An attorney at The Nguyen Injury Law Firm can pursue justice for your family regardless of the outcome of any criminal proceedings.
What is the deadline for filing a wrongful death claim in Houston?
Texas law imposes a strict two-year statute of limitations for most wrongful death claims, starting from the date of your loved one’s death. However, claims against government entities have even shorter deadlines, sometimes as little as six months. It is crucial to contact a Houston wrongful death lawyer at The Nguyen Injury Law Firm immediately to protect your family’s right to seek justice before time runs out.
What kind of compensation can my family recover in a wrongful death case?
Texas law allows families to seek compensation for a wide range of losses. This includes economic damages like lost income and funeral expenses, as well as non-economic damages for mental anguish, loss of companionship, and loss of guidance. The dedicated attorneys at The Nguyen Injury Law Firm will thoroughly document every aspect of your loss to fight for the maximum compensation your family deserves.
Areas We Serve in Texas, TX
Houston
