Thousands of accidents occur every year, resulting in wrongful deaths. Many of these fatalities are the result of another party’s negligent actions — or lack of action — and are often preventable. For those who have suffered the shock of losing loved ones to an untimely death, the pain can be excruciating. Losing a family member can trigger other losses in your life as well. When this happens, our Houston wrongful death lawyers are ready to provide support.
The Gibson Law Firm provides compassionate and aggressive legal representation to help you get justice when you have lost loved ones. Our Houston wrongful death lawyers understand the mental anguish you are facing and are committed to helping you receive results. As you deal with the aftermath of your family member’s death, we are here so you do not have to feel lost or move forward alone. When you need attorneys with grit, we are here to fight for you with courage and determination.
Wrongful Death Claims in Texas Explained
A wrongful death occurs when the negligent actions of one or more parties lead to another person’s death. Personal injury lawyers can help surviving family members file wrongful death cases and get justice for the family members who died due to negligent parties who committed reckless actions.
Surviving family members typically file a claim to seek restitution for their losses and hold the liable parties accountable. The deceased’s family is often left to deal with diminished resources and increased expenses and can benefit from the financial relief a wrongful death claim can provide.
When determining eligibility in wrongful death cases, one indicator that you may be able to file a claim can be determined by understanding what rights the deceased would have had in life if they were injured and had survived. If the deceased would have been within their legal rights to pursue a personal injury claim against the party who harmed them, then you may be able to pursue action on behalf of your family member.
Additionally, wrongful death cases follow a similar legal process to that of personal injury claims. A lawyer must still establish the standard of negligence and show that the party who caused the death of your family member owed them a duty of care to keep them from harm. Your wrongful death lawyer in Houston, Texas, will further demonstrate that the defendant failed to provide a reasonable duty of care and that their wrongful act directly caused the death of your family member.
In our state, Texas Civil Practice and Remedies Code Chapter 71 defines and governs legal action regarding wrongful deaths. It provides clear direction on what constitutes a wrongful death claim, how a surviving family member can benefit, who holds liability, and what actions and damages may be feasible. The parameters provide a firm foundation upon which all wrongful death claims and lawsuits can be built.
Filing a Wrongful Death Lawsuit in Houston, Texas
Filing a wrongful death claim is the first step in seeking compensation for you and your loved ones following your family member’s death. This serves as the initial request for financial support to ease the losses you have suffered. However, if complications arise or the decedent’s death was caused by gross negligence, a wrongful death lawsuit may be the next step to getting the resources you need to cover the deceased’s medical expenses and funeral expenses.
Filing a lawsuit may be necessary if the opposing party is refusing to pay and/or committed excessive or intentional acts against the deceased. In these instances, a wrongful death case may need to go before a judge and jury rather than being settled out of court or through mediation or arbitration. Your lawyer will advise on the best course of action to take to resolve your case.
Regardless of what stage you are in, it is in your best interest to hire an experienced lawyer who can provide representation and guidance on the requirements for filing both a wrongful death claim and a wrongful death lawsuit. These cases can often be complex, and a lawyer who shows you compassion while also fighting aggressively on your behalf can significantly impact your case for the better.
Who is Entitled to File a Wrongful Death Lawsuit in Texas
Only the surviving spouse, children, or parents of the deceased can file a wrongful death lawsuit, and any settlement is for their benefit alone. If a family member does not file a claim within three months of the deceased’s death, the family’s representative or executor of the estate may instead bring forth a wrongful death claim or lawsuit on the family’s behalf unless advised otherwise.
Documents You Will Need to File a Wrongful Death Lawsuit
When you file a wrongful death lawsuit or wrongful death claim in Texas, you will need to provide a set of documents to use as evidence of the events and your family member’s death. These are necessary to continue on to each phase of the claim process.
You will first need documents such as a death certificate and coroner’s report to establish the decedent’s death. You will then need to provide evidence of the accident and events surrounding the cause of death, which can include police reports, medical documentation, statements by witnesses or experts, and photographic or video evidence. You will also need to provide documentation to show the financial and emotional losses you have suffered.
Accessing Life Insurance Benefits After a Wrongful Death in Texas
You may be able to claim life insurance benefits if you are listed as a beneficiary on the decedent’s policy. The policy’s death benefit is designed to go to the decedent’s surviving loved ones in the event of their death to help mitigate financial losses. Potential beneficiaries may include a spouse, children, parents, siblings, or friends.
It is important to be aware that insurance companies may resist paying you the full value of the death benefit. They may also try not to pay you at all. Insurance companies often use different tactics that may include blaming the deceased or denying claims based on technicalities. A Houston wrongful death lawyer can help you fight back and claim the compensation you are entitled to receive.
The Advantages of Hiring a Houston Wrongful Death Lawyer
When you hire a Houston wrongful death lawyer, you will reap the benefit of their many years of experience. They will skillfully guide you through the legal process and negotiate a fair settlement that will meet your needs and help you begin to heal. The loss of loved ones is a heavy weight to bear, and your lawyer works tirelessly to remove the legal burden from your shoulders.
Your lawyer will also serve as your advocate and ally, ensuring that your voice is clearly heard and your rights are protected. Many might try to take advantage of your grief, but a lawyer will ensure this does not happen.
In order to provide the best representation, your attorney will take the time to gain a deep understanding of your case so they can identify and implement the best strategy to efficiently and resourcefully support your claim and get results. They will conduct thorough investigations to make sure there is enough evidence to establish your wrongful death claim. Whether your case is settled in or out of court, your legal team is prepared to face opposition head-on.
Wrongful Death Lawsuit Constraints
As mentioned above, Texas law outlines that a wrongful death suit can only be made if the decedent would have been able to make personal injury claims if they had lived. With their death, it is up to the deceased’s loved ones to bring forth the survival action for compensation and hold responsible parties accountable. However, they must navigate certain constraints in the legal process.
In addition to family members being the only eligible party to file a wrongful death lawsuit, some exceptions may apply. Family members may not file a wrongful death lawsuit against an unborn child who died as a result of medical malpractice. If a child loses a parent due to a wrongful death, they cannot file a wrongful death claim until they turn 18 years of age. Additionally, marital status is also taken into account when evaluating a wrongful death lawsuit, and certain relationship statuses may have limited or non-existent claims for compensation.
When filing a wrongful death claim on behalf of a deceased person, it is the responsibility of the surviving family members to demonstrate the defendant wronged the decedent. A respected law firm can help you establish the standard of negligence so you and your family members can receive the compensation you need to cover the decedent’s medical bills and other costs.
It is vital to work with an experienced law firm when navigating the complexities of a wrongful death lawsuit and statute of limitation constraints. A law firm understands how to work within legal restrictions and will ensure that all requirements are met and constraints are properly observed. Without the aid of a legal team, you may not achieve financial recovery for your loss.
Wrongful Death Damages Explained
Grappling with the sudden costs triggered by the loss of loved ones can be overwhelming and put substantial strain on your family. For many, these unexpected costs exceed what a family is financially prepared to pay. While no amount of money can ever be enough to replace the life of a family member, compensation is designed to ease the financial burden you are now facing.
According to Texas Civil Practice and Remedies Code Chapter 41, some common types of damages in a Texas wrongful death case include:
- Economic damages provide compensation for your tangible and financial losses. These can include funeral and burial expenses, end-of-life medical care, lost earning capacity, and more. Economic damages are the sum of your financial losses.
- Non-economic damages are less tangible and aim to compensate you for what you have experienced as a result of the decedent’s death. It can cover emotional distress, pain and suffering, trauma, loss of inheritance, loss of companionship, and loss of consortium.
- Punitive damages are used in instances of gross negligence and provide additional compensation to cover the added severity of your losses. These exemplary damages strive to deter defendants from similar behavior in the future by punishing them harshly.
When awarding damages in a wrongful death case, the fault and number of those involved are assessed. In accordance with the state’s modified comparative negligence laws, Texas Civil Practice and Remedies Code Chapter 33 outlines that each party receives a percentage that is representative of their liability. Their damages are reduced in proportion to their level of fault, with the exception of those who are 51% or more responsible for the deceased’s death.
They are barred from receiving damages completely. As such, damages in a wrongful death case are divided in accordance with Texas fault laws and are distributed among the deceased’s entitled family members.
Our Houston wrongful death lawyers can help you determine the value of your expenses and losses so you know how much compensation you will need to offset your losses. They will calculate the monetary expenses you have incurred or expect to incur in the future as a result of the decedent’s death. They will also gather evidence and the testimony of witnesses or experts who can speak to both the tangible and intangible effects on your life in order to support your claim for compensation.
Texas Wrongful Death Statute of Limitations
The statute of limitations for a wrongful death claim is two years from the decedent's death, according to Texas Civil Practice and Remedies Code Chapter 16. After this time limit expires, you may no longer be permitted to seek compensation for your loved one’s death and will forfeit all further rights to claims.
Given the time constraints for filing a claim, hiring a Houston wrongful death lawyer soon after your family member’s death is in your best interest. Not only does this ensure you do not exceed the statute of limitation, but it also provides a stronger case and increases your chance of receiving the resources you need. Memories and evidence from an accident can degrade over time, and a claim filed shortly afterward can better support and strengthen your case.
Additionally, there are a couple of exceptions to the state’s statute of limitations. If an individual sustains a disability that prevents them from filing a claim within the standard statute of limitations, their time limit will begin upon their recovery. Statute of limitations are suspended for children under the age of 18, which begins once they come of age.
Common Causes of Wrongful Death
There are many causes for a wrongful death. Vehicles, products, premises, transportation, and more all pose a threat that can result in death. However, negligence is the underlying cause of these deaths. These fatalities are preventable with precautionary measures and/or a heightened regard for others. Some common causes that can contribute to wrongful deaths in Texas include:
- ATV accidents
- Workplace accidents
- Defective products
- Motor vehicle accident
- Maritime accidents
- Aviation accidents
- Train accidents
- Sports accidents
- Medical accidents
- Refinery accidents
- Slip and fall accidents
With many types of accidents and variables at play, wrongful death attorneys in Texas possess a broad range of knowledge to confidently handle the complexities and nuances of a wrongful death claim regardless of the cause. They can navigate legal requirements and obstacles, adapt their approach accordingly, and use the most effective strategy to achieve the best outcome possible for you. Some wrongful death cases are more straightforward than others, and your lawyer will not stop until a solution is found and the case is satisfactorily resolved.
Houston Wrongful Death Attorneys Helping Houston Families
At The Gibson Law Firm, we help you and your family through a difficult time by providing you with an initial free consultation, aggressive representation, and a swift resolution. We understand the devastation caused by the unexpected loss of your loved one, and we do not back down and we do not settle. We back you every step of the way and maximize your compensation so you can face your future with confidence.
To best serve you, we operate on a contingency fee basis so you do not have to pay us anything unless we win your case. This ensures that our goals are aligned with yours, and you do not have to worry about adding another cost to your financial burden. Only once you have received compensation do we deduct our legal fees, meaning you do not pay anything out of pocket.
An experienced Houston wrongful death attorney is committed to helping you hold the negligent party accountable for their actions and your loss. We are dedicated to negotiating the best outcome for you so you have what you need to move forward. Let us help you pursue justice and secure compensation for you and your family. For more information, contact our Texas firm today for a free consultation so we can discuss the details of your claim.