Wrongful Death
Wrongful Death Attorney
Losing a loved one in a personal injury accident is very painful. There is no event a family can face more traumatic and emotional than the loss of a loved one. It can feel impossible to move forward after the sudden loss of a loved one. However, if your loved one has been fatally injured and it was someone else’s fault, you face an unanticipated future and a number of legal questions. We can help. Our Texas wrongful death attorney will compassionately listen to your story and tenaciously fight to make sure you receive the compensation you deserve after the wrongful death accident that changed your life. Financial recovery cannot bring your loved one back, but it can alleviate some of the stress you face after a sudden loss. The Spears Law Firm works hard to help you obtain the compensation to cover medical bills, funeral arrangements, lost income, and other costs associated with the death of your loved one.
A wrongful death lawsuit allows the family of the deceased to recover financial compensation for losses – such as the loss of income – associated with the death of their loved one. In Texas, a wrongful death case is a claim brought on behalf of an individual who died due to the negligence of another party. There may or may not be criminal charges associated with the death, but that does not necessarily affect the outcome of a wrongful death suit.
Depending on the circumstances, Texas law may entitle you or another family member to bring a wrongful death claim or survival action. However, the law and procedures surrounding these claims are complicated. You will need the advice and guidance of an experienced Houston wrongful death lawyer from Spears Law Practice PLLC. We will explain your rights and responsibilities and help you determine the best course of action for you and your family. Contact us online or call 832-602-3771 today to schedule your initial consultation
What is a Wrongful Death Claim?
The wrongful death legal process can be complex. If you lost a family member in an accident you believe was caused by another person’s carelessness, recklessness, or intentional misconduct, then you should speak to an attorney about a Texas wrongful death claim. Based on the Texas Civil Practice and Remedies Code, Chapter 71, Subchapter A, certain family members may be entitled to recover damages through a wrongful death claim if their loved one’s death was the result of another party’s negligence. This cause of action exists if the individual who passed away would have been entitled to bring a personal injury claim had they lived. Section 71.004(b) states that the people who can make a wrongful death claim include:
- Spouses, even if they were separated at the time of death
- Adoptive and biological children
- Parents of the deceased
However, if none of the surviving relatives who are entitled to bring the action file the suit within three months after their loved one’s death, then the executor or administrator of the decedent’s estate can bring the action. The only limitation to this is if all of the surviving family members who could bring the action request that the executor does not move forward with the claim
How do wrongful death lawsuits work?
To bring a wrongful death lawsuit in Texas, you must be the surviving spouse, parent, or child of the deceased. The following must be shown to bring a successful wrongful death lawsuit:
- A person has died.
- The person died because of someone’s negligence
- The deceased is survived by immediate family members (for example, a
spouse and children) - The surviving family members have suffered a monetary loss because of the victim’s death.
- Other family members or dependents may be eligible to bring a wrongful death lawsuit forward
You can expect compassionate and determined representation from the lawyers at our firm. We know the impact losing a loved one can have and how it can affect you in many ways. Our personal injury lawyers focus on pursuing lawsuits that hold negligent parties accountable and provide you with the compensation that you deserve
The Wrongful Death Statute of Limitations
Under Section 16.003(b), the surviving spouse, children, and parents, or the estate’s representative, have two years from the time the action accrues to file a wrongful death claim. The date the cause of action accrues is typically the day your loved one passed away, though this is not always the case. There are multiple situations that could delay the start of the wrongful death state of limitations or pause it.
If you are approaching the two-year mark or it has been more than two years since your loved one’s death, contact an experienced wrongful death attorney to discuss whether you can still file a wrongful death claim in Texas.
Wrongful Death Compensation
Under Section 71.004(a), a wrongful death action to recover damages is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. Other family members and loved ones, including grandparents, siblings, cousins, and romantic partners are typically not entitled to compensation for their loss.
Compensation the surviving family members may recover includes:
- Medical expenses
- Funeral and burial costs
- Loss of the family member’s financial contributions
- Loss of the family member’s care, support, maintenance, advice, and counsel
- Loss of the family member’s love, companionship, and comfort
- Loss of inheritance from that family member
- Physical pain and mental anguish
Punitive damages, which are meant to punish the wrongdoer, are only available in certain situations. Speak with a Houston wrongful death lawyer today about the compensation you and your loved ones may be able to recover.
A number of individuals may be able to pursue a survival claim on behalf of the decedent, including any heir or legal representative of the estate. It is important to note that a decedent’s heirs are based on Texas law and not what was included in their will. Someone who is a named beneficiary in the decedent’s will may not be a legal heir, and therefore, may not be entitled to move forward with a survival action.
While wrongful death damages are based on the survivor’s injuries, the damages from a survival claim are those incurred by the decedent between the time of the accident and their death. Wrongful death damages typically go straight to the surviving spouse, parents, and children. Survival claim damages go to the decedent’s estate and then are divided among the decedent’s heirs. Under a survival action, other heirs than the spouse, parent, or children may also be able to recover compensation, including siblings.
The compensation these parties may obtain includes most of the damages the decedent would have been entitled to had they lived, including:
- Medical expenses
- Loss of earning capacity
- Physical limitations
- Disfigurement
- Physical pain
- Mental anguish
Wrongful death claims and survival actions can be complicated. You may have to deal with a workers’ compensation claim, an insurance claim, or file a lawsuit in court, all of which have different applicable laws and procedures. Instead of attempting to navigate these types of claims yourself, contact our experienced and trusted wrongful death lawyers of Spears Law Practice PLLC . We know how difficult this time is for you, and we make it our priority to protect your rights and fight for the maximum compensation possible. To learn more about how we can help you and your family, contact us through our online form or call 832-602-3771