Houston Wrongful Death Lawyer
Losing a loved one is one of the most difficult experiences a family can go through. It is even harder when that loss happens because of someone else’s negligence or wrongful act. If you are grieving a sudden loss, you need time to heal, but you also need answers. A Houston wrongful death lawyer can help you navigate the legal system and fight for the justice your family deserves.
At The Super Lawyer, we understand that no amount of money can replace a family member. However, a wrongful death claim can provide the financial stability you need to move forward. We handle the complex legal work so you can focus on your family. We represent clients throughout Houston and Texas, ensuring that responsible parties are held accountable.
Understanding Wrongful Death Claims in Houston
Definition and Legal Basis
A wrongful death claim is a civil lawsuit filed against a person or business whose carelessness or intentional actions caused a death. In Texas, these claims are governed by the Texas Civil Practice and Remedies Code Chapter 71. The law allows surviving family members to seek compensation for their losses.
To win a case, we must prove negligence. This means showing that the defendant had a duty to keep your loved one safe, they failed in that duty, and that failure directly caused the death. This is separate from any criminal charges the state might file.
Eligible Family Members
Texas law is specific about who can file a wrongful death lawsuit. Not everyone related to the deceased is eligible. The law grants this right to specific beneficiaries:
- The Surviving Spouse: Even if the couple was separated at the time of death, the spouse usually has the right to file.
- Children: This includes biological children and legally adopted children. Both minor and adult children can file a claim.
- Parents: The biological or adoptive parents of the deceased may file a claim.
It is important to note that under Texas law, siblings, grandparents, and cousins generally cannot file a wrongful death claim unless they were legally dependent on the deceased in a specific way or represent the estate.
Common Causes of Wrongful Death Cases
Wrongful death can occur in many different situations. Our legal team investigates the specific circumstances of your case to identify exactly what went wrong.
Auto Accidents
Car, truck, and motorcycle crashes are leading causes of wrongful death in Houston. These often involve drivers who were speeding, distracted, or under the influence of alcohol. When a commercial truck is involved, the trucking company may also be liable for the accident.
Medical Malpractice
We trust doctors and nurses with our lives. When a healthcare professional fails to provide the standard of care, the results can be fatal. This can include surgical errors, misdiagnosis, medication mistakes, or birth injuries.
Compensation You May Recover
When a family member dies, the financial impact can be devastating. Damages in a wrongful death case are meant to cover these losses. There are generally three types of damages: economic, non-economic, and punitive.
[cta:Button1]Economic Damages
These are financial losses that can be calculated with receipts and bills. They often include:
- Funeral and burial expenses.
- Medical bills incurred prior to death.
- Loss of the deceased person’s expected income and inheritance.
- Loss of benefits, such as health insurance or pension plans.
Non-Economic Damages
These damages cover the emotional impact of the loss, which is harder to put a price tag on but is just as real. They include:
- Mental anguish and emotional pain.
- Loss of companionship, love, and comfort.
- Loss of consortium (for a spouse).
- Loss of guidance and mentorship (for children).
In addition to wrongful death damages, the estate may also file a survival action. This is like a personal injury claim the deceased could have filed if they had lived. It compensates for the pain and suffering the victim experienced before they passed away.
The Legal Process Timeline
Filing the Lawsuit
The process begins with an investigation. We gather evidence, such as police reports, medical records, and witness statements. Once we have a strong case, we file the complaint with the court. This starts the discovery process, where both sides exchange information. Many cases are resolved through settlement negotiations before they ever go to trial.
Statute of Limitations
Time is a critical factor. In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death. If you miss this deadline, you will likely lose your right to sue. There are very few exceptions to this rule, so it is vital to speak with an attorney as soon as possible.
Why Choose a Houston Wrongful Death Lawyer
Local Expertise and Track Record
Texas laws are complex, and insurance companies fight hard to pay as little as possible. You need a lawyer who understands local regulations and has experience proving causation and negligence in Houston courts.
[cta:Button1]We work on contingency fees. This means you do not pay us any legal fees upfront. We only get paid if we win your case or secure a settlement for you. This structure ensures that every family has access to high-quality legal representation, regardless of their financial situation.
FAQs
In Texas, the surviving spouse, children (adults or minors), and parents of the deceased have the right to file. If none of these family members file within three months of the death, the executor of the deceased’s estate may file the claim.
You generally have two years from the date of the death to file a lawsuit. This is known as the statute of limitations. Waiting too long can permanently bar you from recovering compensation.
You may recover economic damages (like lost wages and funeral costs) and non-economic damages (like mental anguish and loss of companionship). In cases of extreme gross negligence, punitive damages may also be awarded to punish the wrongdoer.
Yes. Most wrongful death attorneys, including our team, work on a contingency fee basis. This means our fees come out of the settlement or verdict amount. If we do not win, you do not owe us attorney fees.
To succeed, you need evidence proving the defendant was at fault and that their actions caused the death. This includes police reports, medical records, eyewitness testimony, expert witness opinions, and photos or video from the scene.
The timeline varies greatly. Some cases settle in a few months, while others may take a year or more, especially if they go to trial. We strive to resolve cases efficiently while ensuring you get full value.
Yes, if you are a child (adult or minor) or a parent of the deceased. However, siblings, grandparents, and other relatives typically cannot file unless they are the executor of the estate and the immediate family has not filed.
Defendants often try to argue that the deceased person was partially at fault for the accident (comparative negligence) or that the death was caused by a pre-existing medical condition rather than the accident.
It is rarely a good idea to accept the first offer. Insurance companies often offer a low amount quickly, hoping you will take it before you realize the full value of your claim. Always consult a lawyer before signing anything.
Get Help From a Houston Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence, you do not have to face the legal battle alone. The Super Lawyer is here to handle the legal burden so you can focus on healing. We are dedicated to fighting for the maximum compensation your family needs for the future.
Contact us today for a free consultation. Let us review your case and explain your legal options.
