Losing a loved one before his or her time is a devastating experience, especially when that death results from someone else’s negligence. A wrongful death lawsuit allows your family to secure compensation and justice on behalf of the deceased. While no amount of money can replace your loved one, a successful wrongful death lawsuit can provide you and your family with a sense of closure.
At Ramsey Law Group, our wrongful death attorneys are empathetic towards victims of wrongful death cases, have years of experience and case success, and ensure that the needs of the families we serve are met. Our law firm provides clients with prompt answers to their legal questions and direct access to attorneys.
“The entire team is so caring and professional. Joann G.”
Contact us now for a free wrongful death claim review whether you are in Houston or anywhere across the United States. At Ramsey Law Group, we only charge you fees if we win your case.
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Utilizing our personal injury lawyers takes the stress and burden of the wrongful death suit off of you and your loved ones and allow you time to heal during this difficult time. Our attorneys at Ramsey Law Group will handle your case, including:
Ramsey Law Group has the resources and knowledge to tackle the largest corporations and insurance companies. Our Houston wrongful death lawyers will work tirelessly to hold any negligent party accountable. Contact our personal injury law firm for a free consultation as soon as possible, so we can begin building your case.
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.
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.
Only people with legal standing can file a wrongful death claim on behalf of the deceased. While states differ, Texas allows the following people to file a claim:
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. However, if all surviving beneficiaries agree and request that a claim not be filed, then the estate cannot pursue one.
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:
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:
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. A Texas wrongful death lawyer 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.
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. Settlements often range from $500,000 to several million, but these figures are only examples. An attorney will be able to estimate the value of your case after considering the following:
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:
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:
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.
People die every day due to the negligent or wrongful acts of other people or corporations. In the United States, the most common accidents resulting in wrongful death claims are:
While any one of these accidents may constitute a personal injury claim, once the injured victim passes away from their injuries, the claim becomes a wrongful death claim. The family essentially takes the victim’s place in the personal injury claim and pursues compensation on behalf of the deceased.
Compensation in a claim includes money damages for debts of the decedent’s estate and compensation for surviving family members. Damages include both economic or calculable losses, as well as intangible, non-economic losses. Payment can consist of any of the following:
In some cases, the court awards punitive or exemplary damages in wrongful death lawsuits. The court grants these types of damages for grossly negligent behavior or a willful act or omission on behalf of the at-fault party. Punitive damages are a punishment dealt out to the defendant by the court. They are meant to deter future wrongdoers.
To receive any damages award, Texas requires family members to file a wrongful death lawsuit within two years of the decedent’s death. Other states have similar timelines. It is best to discuss particular state requirements with an experienced wrongful death lawyer at Ramsey Law Group.
Wrongful death claims are complicated and time-consuming. Contact Ramsey Law Group to find out if you have standing to file a claim in your state. Our experienced Houston wrongful death attorneys will listen and answer your questions to determine the proper legal path for your situation.