Wrongful Death Attorneys in Houston, TX

A wrongful death claim is a civil claim, not a criminal prosecution. However, some cases can lead to criminal investigations. Individuals file wrongful death claims seeking money damages from other individuals or corporations, while the state brings criminal charges against alleged offenders to punish the defendant with jail or prison time and fines. If you are considering a Houston wrongful death claim, it is important to act quickly and seek legal guidance to protect your rights and pursue compensation.

Car accidents are a leading cause of wrongful death, often due to negligent drivers who speed, drive under the influence, or get distracted by their phones.

A civil wrongful death case and a criminal charge can exist simultaneously; however, the civil case will likely face a delay until the criminal case resolves.

A wrongful death claim is a type of personal injury claim. It arises when someone dies due to another person’s or corporation’s wrongful act or negligence, such as in a fatal accident. Many wrongful deaths are caused by negligence, accidents, or harmful actions, which can have a devastating legal and emotional impact on families.

In a Texas wrongful death case, surviving family members may be entitled to compensation for their losses under state law.

Only people with legal standing can file a wrongful death claim on behalf of a deceased family member. While states differ, Texas allows the following people to file a claim on behalf of the deceased person:

• The spouse of the deceased person: Whether the marriage was formal, by common law, or if the couple was separated, a surviving spouse can file a claim.
• Children of the deceased person: Even if they are adults.
• Parents of the deceased person: If there is no spouse or surviving children, the deceased person’s parents can file a claim.

The deceased person's estate may also have a role in pursuing damages for losses incurred before the person's passing, such as medical bills and pain and suffering. Other family members, such as siblings, grandparents, or extended relatives, are generally not eligible to file wrongful death lawsuits unless there are no immediate family members or specific circumstances apply. Only immediate family members can file a wrongful death lawsuit in Texas, while a survival claim must be filed by the executor or administrator of the estate.

Legally adopted children may file wrongful death claims on behalf of their adoptive parents and vice versa. However, adopted children may not pursue on behalf of their biological parent(s) and Texas does not allow siblings, grandparents, or other relations to file. If a surviving spouse, children, or parents fail to bring legal action within three months of the deceased’s death, then the executor or personal representative of the deceased’s estate can file a wrongful death claim. If no eligible family members file a wrongful death claim within three months, the personal representative of the deceased's estate may file the claim. If none of the eligible parties file within three months, the personal representative may do so. However, if all surviving beneficiaries agree and request that a claim not be filed, then the estate cannot pursue one.

To file a successful wrongful death lawsuit in Texas, you must prove four elements: duty of care, breach of duty, causation, and damages.

To successfully hold another party liable for wrongful death, the surviving family member or representative of the deceased’s estate must prove the following elements of negligence:

• Duty of Care: The defendant owed the deceased a duty of care. For example, in a wrongful death case involving a car accident, the at-fault driver owes a duty to others on the road to follow traffic laws.
• Breach of Duty: The defendant breached their duty by failing to act with the same level of care that a reasonable person would have shown in a similar situation, such as driving while intoxicated or running a red light.
• Causation: The at-fault party’s breach of their duty directly caused your loved one’s death. In other words, your loved one would not have died but for the at-fault party’s actions.
• Damages: There must be evidence that the surviving family or deceased’s estate suffered financial and/or personal losses as a result of the victim’s death.

A Houston wrongful death attorney will be a valuable resource in helping you gather the necessary evidence to use as grounds for filing the legal claim and to use as proof of liability.

In some wrongful death cases, liability is straightforward and easy to prove, but other cases are not clear-cut. They will require extensive investigation and proof of the circumstances surrounding your loved one’s death and the cause. This may include gathering critical evidence such as:

• Physical evidence from the scene
• Photos or video evidence of the scene
• Surveillance footage of the incident
• Eyewitness statements
• Accident reports
• Cell phone records
• Medical records
• Death certificate
• Expert witness testimony
• Pay stubs and income records
• Any other pertinent documentation

Wrongful death attorneys investigate the case by gathering evidence such as police reports, medical records, and witness statements.

To support your claim, a wrongful death attorney will often hire other professionals such as a private investigator, accident reconstruction expert, medical expert, etc., to assist in building a solid case. Their testimony and all other evidence gathered will be used to demonstrate exactly how your loved one died, who the liable parties are, and the amount of compensation your family is entitled to recover.

Although a lawyer cannot guarantee a favorable outcome to your case, the benefits of hiring representation are indisputable. An experienced attorney will know how to calculate the value of your case to ensure you do not settle for less. In addition, they understand the tactics used by insurance companies to minimize policyholders’ liability. Having legal representation protects your rights. An attorney will make sure liability falls on the appropriate party, and they will not be intimidated into accepting a lower than fair settlement offer to aid your financial recovery.

It is advisable to choose an attorney with a strong track record of high-value settlements in wrongful death cases. You should also look for client testimonials and peer recognition when selecting a wrongful death attorney in Houston. Less than 5% of Texas attorneys are certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

A wrongful death attorney can help families pursue maximum compensation for their losses, including medical expenses and lost income.

A Wrongful Death Lawyer Will Go to Trial for You

Over 95% of civil cases settle, but there is still a chance that your case will go to trial, especially if the insurer refuses to offer fair compensation. A wrongful death attorney will fight for your claim in court. They have the resources to hire experts and put together the strongest case possible. Often, simply filing a lawsuit will motivate the at-fault party’s insurance company to resolve the claim before trial.

A Wrongful Death Lawyer Can Expedite the Claims Process

An attorney who well versed in wrongful death law can typically help expedite the claims process, so your family receives justice and gets paid quicker. They will handle keeping track of all relevant evidence and can help you avoid common mistakes that can delay your claim—for example, paperwork errors, missing deadlines, a lack of evidence, etc.

Wrongful Death Lawyers Work on a Contingency Fee Basis

Many wrongful death lawyers, including Ramsey Law Group, accept wrongful death cases on a contingency fee basis. That means there is no out-of-pocket risk for you, as we will advance all costs of pursuing your claim and will only get paid when you do. If your family does not win, you do not have to pay legal fees.

The value of a case can vary dramatically based on its unique factors and the potential wrongful death compensation available. Settlements often range from $500,000 to several million, but these figures are only examples. In a Texas wrongful death lawsuit, families may seek several types of damages to compensate for the losses they've suffered, including economic, non-economic, and punitive damages. Economic damages are meant to cover the tangible financial losses that result from a loved one's death, such as lost income and funeral expenses. Non-economic damages are meant to compensate for the intangible losses that result from a wrongful death, such as loss of companionship and emotional suffering. Punitive damages can be awarded if the defendant's actions were willfully negligent, grossly reckless, or malicious, but they are not available in every case and typically require a higher burden of proof. Damages that may be available in a Texas wrongful death case include medical expenses, funeral costs, lost income, and emotional distress. An attorney will be able to estimate the value of your case after considering the following:

• The type and severity of the accident.
• The defendant’s degree of negligence and the strength of evidence proving their liability.
• The deceased’s age, habits, and occupation.
• The deceased’s health prior to the accident.
• The number of years the deceased was expected to work.
• The deceased’s income, benefits, and possible raises or promotions.
• The deceased’s earning potential (e.g., education, skills, abilities).
• Any retirement account contributions and benefits the deceased would have received had they lived.
• The needs of surviving dependents.
• Any reduction in inheritance suffered by surviving children.
• Funeral expenses and medical bills incurred before death.

These are only a few factors that can increase or decrease a wrongful death case’s value. For example, a wrongful death case filed on behalf of the loss of an elderly family member who had a surviving spouse but no children and was partially at fault for their accident will have a lower case value compared to a deceased victim who was young, survived by a spouse and young children, and who did not contribute to causing the accident.

Modified Comparative Negligence

Whether your loved one was partially responsible for the accident that led to their death can also have a significant impact on a wrongful death case’s value. Under Texas’s modified comparative negligence law, a wrongful death victim’s percentage of fault will reduce the case’s settlement or award. For example, if a surviving spouse is awarded $500,000, but their loved one was 30 percent to blame, the spouse will only receive 70% of the award, or $350,000.

Cap on Damages in Medical Malpractice Cases

If your wrongful death case involves medical malpractice, Texas law places a cap on the amount of compensation you can recover. Any non-economic damages awarded (e.g., emotional distress, loss of consortium, other non-financial losses) cannot exceed $250,000 for each healthcare provider involved, up to $750,000 max, regardless of the number of defendants.

Cap on Damages in Government Claims

If a government employee or agency is named as a defendant in a wrongful death case, the Texas Tort Claims Act limits the compensation a family can recover. Those caps are as follows:

• Up to $250,000 per defendant or $500,000 per case for bodily injuries and miscellaneous costs.
• Up to $100,000 for property damage.

Unfortunately, if the economic damages exceed the state’s cap, you cannot recover compensation for emotional distress and other non-economic losses.

In some wrongful death cases, a judge can approve punitive damages, also referred to as exemplary claims. Punitive damages are only available in a few specified circumstances as they are intended to:

• Further punish the defendant for egregious negligence or criminal wrongdoing. Most wrongful death lawsuits are based on the fact that the defendant acted negligently. However, in some cases, a defendant's negligence may rise to the level of “willful and wanton” behavior, they intentionally inflicted harm or acted with an extremely reckless disregard for the safety of others. 
• Set an example by dissuading the defendant and others from behaving similarly in the future. This is why punitive damages can be referred to as an exemplary claim because the compensation serves as an example of how such an offense will be punished. 

In Texas, punitive damages are capped at $200,000 or double the non-economic damages value (e.g., emotional distress, loss of companionship, etc.), up to $750,000, whichever is greater.