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Houston Wrongful Death Lawyer

When a family loses a loved one, the grief can be overwhelming. Many people question why their loved one had to die. When the death is unexpected and preventable, the questions become more urgent. The need for answers can be consuming.

The Houston wrongful death lawyers at The Alfred Firm understand. Our lawyers have significant experience handling wrongful death claims in the greater Houston area. Our legal team works with family members to get the answers they need. When those answers reveal negligence, fault, and wrongdoing, our attorneys help family members seek justice for their loved ones.

We are passionate about helping those who have suffered a tragic loss. That passion comes through in our relationships with our clients and the results we obtain for our clients.

Contact The Alfred Firm today by calling (713) 489-1875 for a free consultation with an experienced Houston wrongful death attorney.

What Is Considered Wrongful Death?

The accidental or intentional taking of another person’s life can be considered a wrongful death. Wrongful death arises from accidents and mistakes that people make. They also arise from negligence and intentional acts. The common element is that a person died an untimely death as a result of another person or party’s actions.

Common incidents that can lead to a wrongful death claim in Houston include, but are not limited to:

We Are Here For You In Your Time Of Need. Call Today To Speak With One Of Our Houston Wrongful Death Attorneys.

We Accept Wrongful Death Cases on a Contingency Fee

We don’t charge you for your first consultation. Our lawyers want to ensure that families have access to sound legal advice during a traumatic time in their lives without worrying about paying for that advice.

With that same purpose, our law firm accepts wrongful death cases on a contingency fee basis. That means that we are not paid until you are paid. Once we recover compensation for your claim, then we receive payment for our attorneys’ fees.

Our wrongful death lawyers in Houston focus on helping families who have been injured and harmed because of another party’s wrongdoing and negligence. We are so passionate about our work that we focus our entire legal practice on personal injury claims.

The Houston personal injury lawyers of The Alfred Firm understand Texas wrongful injury laws. They understand how to investigate these cases, but more importantly, they know how to get results for their clients.

How Do You Prove Fault for a Wrongful Death Claim?

To recover compensation for a wrongful death claim in Texas, you must prove the required legal elements for a wrongful death action under the Texas Wrongful Death Statute. In most cases, those legal elements are:

Duty Of Care

The party who caused your loved one’s death owed a duty of care to your loved one. For instance, doctors owe a duty of care to their patients, and property owners owe a duty of care to avoid injuries on their property.

All drivers owe a duty of care to others on the road to operate their vehicles safely to avoid accidents. Manufacturers owe a duty of care to consumers to provide safe products.

Breach Of Care

You must prove that the party breached the duty of care owed to your loved one. For instance, a driver’s failure to obey traffic laws caused a deadly crash, or property owner failed to warn a person of dangerous conditions on the property that led to a death.

Another example would be a manufacturer that failed to provide adequate warnings about a product or cut corners during the manufacturing process, which led to a deadly product defect.

The Breach Caused The Death

There must be evidence of causation. Causation means that the breach of duty directly led to the death of a person. For example, a driver failed to yield the right of way, causing a motorcyclist to collide with the driver’s vehicle. The motorcyclist suffered injuries because of the crash that led to the rider’s death.

Evidence and Investigation

Proving fault in a wrongful death case requires a thorough investigation and gathering of evidence. This may include obtaining accident reports, medical records, witness statements, and expert testimony. Accident reports provide official documentation of the incident and help establish the facts. Medical records can demonstrate the extent of injuries and the cause of death. Witness statements offer firsthand accounts that may support your claim. Expert witnesses, such as accident reconstruction specialists or medical professionals, can provide critical analysis to link the negligent party’s actions to the wrongful death.

Role of Negligence and Intentional Misconduct

In wrongful death cases, the responsible party may be found liable due to negligence, gross negligence, or intentional misconduct. Negligence refers to the failure to exercise reasonable care, while gross negligence involves a more severe disregard for safety or legal duties.

Intentional misconduct involves deliberate actions that cause harm. Demonstrating the level of fault is crucial because it can affect the damages you may recover, including the possibility of punitive or exemplary damages designed to punish particularly egregious behavior.

Importance of Legal Representation

Navigating the legal process of a wrongful death claim can be complex and emotionally challenging. An experienced wrongful death attorney understands the legal standards and procedural requirements necessary to build a successful wrongful death lawsuit.

They can help identify liable parties, conduct a thorough investigation, negotiate with insurance companies, and advocate for fair settlement or trial verdicts. Having skilled legal representation ensures that your family’s financial and emotional interests are protected throughout the legal process.

Summary

To prove fault in a wrongful death claim, you must establish that the defendant owed a duty of care, breached that duty, and that the breach directly caused your loved one’s untimely death. Gathering strong evidence, understanding the nature of negligence or misconduct involved, and having an experienced wrongful death attorney by your side are essential steps to seek legal advice and secure the wrongful death compensation your family deserves.

What Compensation is Available in a Texas Wrongful Death Case?

Texas wrongful death laws allow family members to seek compensation for a variety of damages. Money will not bring back a deceased loved one. However, a monetary judgment is the only way the judicial system has to give some measure of justice to a family.

Damages that may be included in a wrongful death claim include:

  • Reasonable Burial and Funeral Expenses
  • Future Lost Income
  • Lost Benefits and Contributions, such as pensions, retirement, health insurance coverage, and help with household chores and raising children
  • Medical Expenses Incurred Before Death
  • Emotional Pain and Suffering
  • Loss of Care, Support, Companionship, Guidance, and Love

In a Texas wrongful death suit, the surviving family members may recover several types of damages to address both the tangible and intangible losses caused by the wrongful death. These damages generally fall into three categories: economic damages, non-economic damages, and punitive damages.

Economic damages cover the financial losses that result from the deceased person’s death. This includes medical bills incurred before death, funeral and burial costs, lost wages, loss of financial support, and other monetary contributions the deceased provided to the family. Recovering these damages helps families manage the financial impact of losing a loved one, including ongoing expenses such as medical and funeral bills.

Non-economic damages compensate for the emotional distress and mental anguish suffered by the surviving family members due to the wrongful death. These damages recognize losses such as loss of parental guidance, companionship, love, and emotional support. While these damages are more difficult to quantify, they are crucial to addressing the profound financial and emotional impact that wrongful death results in for families.

In cases where the negligent party’s conduct is especially egregious, reckless, or intentional, Texas law allows for punitive damages to be awarded. Punitive damages are designed to punish the defendant and deter similar wrongful acts in the future.

However, these damages are subject to caps under Texas law, generally limited to $250,000 or twice the amount of economic damages, whichever is greater, plus an amount equal to non-economic damages, not to exceed $750,000.

It is important to note that a wrongful death lawsuit is the only legal avenue for surviving family members to recover damages and hold the responsible parties accountable for their wrongful act or negligence. The legal system recognizes the profound financial and emotional consequences of wrongful death and provides these remedies to help families move forward.

If you are considering filing a wrongful death claim, consulting with an experienced Houston wrongful death lawyer can help you understand the full scope of compensation available and guide you through the complex legal process to seek financial support and justice for your loved one’s untimely death.

Family Members With the Right to File Wrongful Death Claims

In most cases, surviving spouses and children have priority in filing wrongful death claims. However, other family members may have a wrongful death claim. Parents and other dependents may also receive compensation under the wrongful death laws in Texas.

Texas law specifically allows the surviving spouse, children, and parents of the deceased to file wrongful death claims. These immediate family members are recognized as the primary parties entitled to seek damages for the loss of their loved one. If the deceased person was not married and had no children, the parents may step in to file a claim.

In situations where no immediate family members file a wrongful death lawsuit within three months of the death, the executor or administrator of the deceased person’s estate may have the right to file a claim on behalf of the estate. This ensures that wrongful death claims can still proceed even if the family members are unable or unwilling to initiate the lawsuit.

It is important to note that more distant relatives, such as siblings, grandparents, or other surviving family members, generally do not have the legal standing to file wrongful death claims under Texas law. However, these family members may still be beneficiaries of the estate or may be involved in related legal matters.

Understanding who is eligible to file a wrongful death claim is critical for ensuring that the legal process moves forward properly. An experienced Houston wrongful death lawyer can help clarify your rights and guide you through the filing process, ensuring that the appropriate parties take action within the required timeframes to protect your interests.

Why Do I Need a Houston Wrongful Death Lawyer?

Wrongful death claims are complicated personal injury lawsuits. Our lawyers have extensive experience handling these types of cases, so we have a deep understanding of the legal requirements to prove a wrongful death claim. Our lawyers also understand who can file wrongful death lawsuits in Texas and what damages are included in wrongful death claims.

As you seek justice for your loved one and your family, you need a lawyer who has the skills, resources, and expertise needed to get results. You need an attorney with a proven track record and knowledge of the courts in Houston.

The Houston wrongful death lawyers of The Alfred Firm check all those boxes and more. In addition to our skills, resources, experience, and knowledge, we are compassionate and driven. We never stop fighting for the best interests of our clients.

How Long Do I Have to File a Wrongful Death Lawsuit in Texas?

In most cases, family members have just two years from the date of death to file a wrongful death lawsuit. However, certain circumstances could change the deadline to file a wrongful death lawsuit. If a government entity is involved in the case, you could have just a few months to file a claim.

It is critical to act promptly because waiting too long can result in losing your right to pursue compensation. Filing your wrongful death lawsuit as soon as possible helps preserve crucial evidence, secure witness testimony, and maintain the strength of your case. Delay can lead to lost or destroyed evidence and fading memories, which may weaken your claim.

Do not wait! Talk to our Houston wrongful death lawyers today. However, do not limit your legal options by waiting too long to talk with an attorney.

Contact a Houston Wrongful Death Attorney for a Free Case Review

Contact The Alfred Firm by calling (713) 489-1875 to schedule a free consultation with one of our wrongful death lawyers in Houston.