Houston Wrongful Death Lawyer
Losing a loved one is never easy, but what happens when someone’s negligence causes their death? Those left behind may struggle to pay medical bills, cover the costs of funerals, and otherwise manage the economic and non-economic consequences of their death. If your loved one died as a result of another party’s negligence, you may have a wrongful death case. Our personal injury attorneys are here to help you fight your wrongful death case.
Personal Injury Attorney for Wrongful Death Cases
After a loved one dies in an accident, your personal injury attorney can help you build and fight your case. We understand you may be grieving the loss of your loved one and that you may face significant expenses because of the accident. Some of these expenses include medical debt, lost wages, and funeral costs. You may also face lost potential inheritance, financial support, and other financials after you lose a loved one to wrongful death. These are called economic damages for which you can seek compensation from the responsible party in a wrongful death suit.
In addition to these damages, you may also seek compensation for non-economic damages in a wrongful death case. For instance, these might include pain and suffering before the person’s death, your own pain and suffering, mental anguish, as well as loss of support and loss of consortium or companionship.
Causes of Wrongful Death
Wrongful death cases can be the result of several different types of accidents, including:
Whatever the cause, if you think you have a wrongful death suit, your personal injury attorney is here to help. We help you investigate your case, find evidence, file necessary legal paperwork, and negotiate with at-fault parties during this difficult time.
Who Can File a Wrongful Death Suit?
- Parents
- Children
- Spouses
Wrongful Death Attorney FAQs
A wrongful death case in Texas arises when a person dies due to another party’s negligence, recklessness, intentional act, or unfit conduct, under Texas Civil Practice and Remedies Code §71.002. Common causes include fatal car and truck accidents, drunk driving crashes, workplace fatalities, defective products, medical malpractice, and criminal acts. Surviving family members can recover compensation for their loss separately from the estate’s survival claim.
Under Texas Civil Practice and Remedies Code §71.004, only the surviving spouse, children (including adopted children), and parents of the deceased may file a wrongful death lawsuit. Siblings cannot file. If none of the eligible family members file within three months of the death, the executor or administrator of the estate may file the claim unless the family expressly requests otherwise.
Texas wrongful death damages can include loss of financial support, loss of companionship and society, mental anguish of surviving family members, loss of inheritance, loss of household services, and reasonable funeral and burial expenses. In cases of gross negligence (such as drunk driving fatalities), exemplary (punitive) damages may also be available under Texas Civil Practice and Remedies Code Chapter 41.
The statute of limitations for wrongful death claims in Texas is two years from the date of death under Texas Civil Practice and Remedies Code §16.003(b). Limited exceptions apply — for example, if fraud concealed the cause of death or if the claimant was a minor. Contact a Houston wrongful death attorney at Maida Law Firm as soon as possible to preserve evidence and protect your family’s claim.
A survival action is a claim brought by the estate under Texas Civil Practice and Remedies Code §71.021 to recover damages the deceased could have claimed had they survived — including pre-death pain and suffering, medical expenses, and lost wages. A wrongful death claim, by contrast, compensates the surviving family members for their own losses (loss of companionship, financial support, mental anguish). Both claims can be filed together in the same lawsuit.
Fight for Justice — Contact Us Today
Free case evaluation. No upfront costs. You don’t pay unless we win. Call (713) 785-9484 or fill out our contact form.