A wrongful death claim is a civil lawsuit from the decedent’s survivors or estate against a party whose negligence or wrongful actions caused the fatality. A skilled wrongful death attorney could provide the support needed to navigate the unique aspects of a Houston wrongful death case.
We could work tirelessly to secure financial compensation for your family if you have suffered the loss of a loved one. Our compassionate legal team could shield your family from the often-overwhelming procedural details, investigations, and interactions with insurance companies that are required to pursue a favorable case outcome.
What Cases Could Qualify as Wrongful Death?
A person’s or entity’s unfair act or negligence that causes a death could qualify for a wrongful death claim under state law. Factors that lead to a wrongful death lawsuit in Houston include:
- A medical professional’s carelessness, such as surgical errors, incorrect surgeries, birth injuries, and medication errors
- A trucker’s or their company’s negligence, such as driver error, speeding, or violating regulations regarding driving hours
- Another driver’s negligence, such as driving under the influence, driving distracted, speeding, or other actions that violate their duty of care behind the wheel
- A property owner’s failure in their duty of care, such as negligent security that leads to a fatal assault, hazardous property conditions that cause a deadly fall, or faulty wiring that triggers an electrocution
When a family loses a loved one to assault or homicide, they can also file a wrongful death claim, even if the perpetrator faces a criminal trial. A wrongful death claim is a separate civil lawsuit that does not depend on the outcome of a criminal case. An attorney could investigate the aspects of your loved one’s death to determine the most effective course of action to pursue a claim.
What Are Some Aspects of Wrongful Death Claims?
In Houston, wrongful death cases have characteristics that distinguish them from standard personal injury lawsuits. Under state laws, two separate but often concurrent claims can arise from an unjust death: a wrongful death claim and a survival action.
Wrongful Death Claims
A wrongful death claim compensates certain surviving family members for their personal losses resulting from the death. Damages may include loss of companionship, mental anguish, and lost financial support.
Survival Actions
The deceased person’s estate can file a survival action. This claim seeks compensation for the injuries and losses the deceased suffered between the time of the incident and the time of death. Damages can include the deceased’s medical expenses, conscious pain and suffering, and lost wages. Any awarded compensation goes to the estate and is distributed according to Texas law.
The law also clearly defines who can file a wrongful death claim. The only parties who can file are the surviving spouse, children, and parents of the deceased. If the eligible family members do not file within three months of the death, the deceased’s personal representative or executor can file, unless requested not to by the family.
Family members or executors must file a wrongful death lawsuit within two years from the date of the person’s death, not the date of the incident. This deadline may be extended in cases where the cause of death does not become clear until later. For a minor child who loses a parent, the two-year statute of limitations does not begin until the child’s 18th birthday.
Consult Us To Learn the Unique Factors in Your Houston Wrongful Death Case
When faced with a wrongful death, a family’s grief is often compounded by the complex legal and financial realities of seeking accountability from the responsible party. The unique aspects of a Houston wrongful death case require an attorney who is deeply knowledgeable about state law and local court procedures.
By handling the legal burden, our trusted legal team could create a supportive framework that enables your family to prioritize emotional healing while we pursue justice on your behalf. Contact us today to request your free case consultation.