In Need of a Wrongful Death Lawyer in Houston, TX?
If your loved one has been killed in a car, truck, or other accident caused by negligence, you deserve the opportunity to seek compensation for the tragic loss of your family member.
Collectively, our skilled Houston wrongful death attorneys have spent more than three decades working on both sides of the courtroom, gaining unparalleled experience of the inner workings of some of the world’s largest insurance companies, and transforming that knowledge into wins for our clients.
We can pursue the same results for you and your family.
Our skilled legal staff offers services in English, Spanish, Portuguese, and Mandarin because we believe in inclusion, fairness, and justice. It is only possible to successfully represent the people in our communities when we can successfully represent all people.
Contact us today to learn more about our commitment to pursuing results for traumatized family members, so they can focus on grieving with their families while we manage the details of their wrongful death claims.
What is Wrongful Death?
The term “wrongful death” refers to a tragic situation where an individual loses their life due to the negligence, recklessness, or intentional misconduct of another party. These incidents can occur in various contexts, such as car accidents, workplace accidents, medical malpractice, and more. When such unfortunate events occur, the surviving family members or dependents of the deceased have the right to seek legal recourse through a wrongful death claim.
What are the Most Common Causes of Wrongful Death in Texas?
Since 2003, we have dedicated our practice to producing real results for real people whose lives have been impacted by negligence. That includes those who have tragically lost their loved ones to negligence.
Some of the most common causes of wrongful death in Texas include:
Our Houston personal injury attorneys and support staff provide straightforward legal advice that allows our clients to make informed decisions about their cases every step of the way.
Our law firm founder, Steve Hollingworth, has been the lead attorney in over 50 jury trials as lead counsel in over a dozen different Texas counties. Should your case go to trial, we will be ready to aggressively pursue the positive outcome you deserve in front of a judge and/or jury.
The insurance company will value a case more if they know the firm is willing to go to trial. At the Hollingworth Law Firm, we are more than willing — we remain trial ready.
Who is Eligible to Pursue a Wrongful Death Claim in Texas?
Texas wrongful death law specifies that the deceased person’s surviving spouse, children, and parents are eligible to file a wrongful death lawsuit in the state’s civil courts.
If the surviving spouse, children, or parents do not file a wrongful death claim within three months of the date of death, the personal representative or administrator of the deceased person’s estate may file the claim instead — unless all the eligible surviving family members specifically request that the wrongful death lawsuit not be filed.
Establishing Negligence: Crucial Elements in Houston’s Wrongful Death Claims
Proving negligence is at the heart of a successful wrongful death claim. To establish negligence, it must be demonstrated that the responsible party had a duty of care toward the victim, that they breached that duty, and that this breach directly resulted in the victim’s death. This legal principle applies to a range of scenarios, from cases involving product liability to those involving the unsafe actions of individuals, companies, or professionals. Gathering evidence, reconstructing events, and demonstrating the link between negligence and the fatal outcome are essential steps in building a strong case.
What Type of Financial Recovery Can I Pursue During a Texas Wrongful Death Claim?
At the Hollingsworth Law Firm, we are dedicated to pursuing actual results for our clients.
That means outlining their unique financial recovery needs based on how the loss of their loved one has impacted their lives and futures.
Common financial recovery possibilities that may be pursued by the eligible surviving family members may include:
- Lost Earning Capacity
- Lost Inheritance
- Lost Support, Advice, Care, Maintenance, Services, and Counsel
- Lost Love, Companionship, Comfort, and Society
- Mental Pain and Anguish Experienced by the Surviving Family
Contact our Houston personal injury firm for help today, and will speak directly with a wrongful death attorney, so you understand your legal rights and options right away.
We will fight for each form of financial recovery you deserve through negotiations with the at-fault party’s insurance company or prepare your case with precision for trial. When you are ready to contact an accomplished wrongful death law firm in Houston, we are ready to hear your story.
Tell us how we can help you pursue the best outcome for your Texas wrongful death claim.
Safeguarding Your Rights: Engaging a Houston Wrongful Death Lawyer
The complexities of wrongful death claims underscore the importance of seeking professional legal assistance. Navigating the legal intricacies while coping with grief can be overwhelming. Hiring an experienced Houston wrongful death attorney can alleviate the burden, allowing you to focus on emotional recovery. A knowledgeable attorney can guide you through the legal process, provide expert advice, negotiate with insurance companies, and, if necessary, represent your case in court, ensuring your rights are safeguarded at every turn.
Recovered Damages: Compensation for Loss and Suffering
In wrongful death cases, the aim is to seek compensation for the losses suffered by the surviving family members due to their loved one’s untimely death. Damages can encompass various aspects, such as financial losses, emotional pain, and the impact on the family’s future. Recovered damages may include medical expenses incurred prior to the victim’s passing, funeral and burial costs, lost financial support that the deceased would have provided, loss of companionship, and emotional distress experienced by the family.
Time Limits for Seeking Justice: Texas Wrongful Death Statute of Limitations
It’s essential to be aware of the statute of limitations when pursuing a wrongful death claim in Texas. The statute of limitations sets a deadline for filing a claim, beyond which your legal right to seek compensation may be barred. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of the victim’s death. Failing to file within this timeframe could lead to forfeiture of your right to pursue a claim. Engaging a Houston wrongful death attorney as soon as possible ensures that your case is initiated within the statutory window.
Contact Our Skilled Wrongful Death Attorneys in Houston, Texas Today
If your loved one lost their life to negligence, contact our dedicated Houston wrongful death lawyers at the Hollingsworth Law Firm today by calling 713-637-4560 or contact us online for a free case evaluation.
Our skilled bilingual wrongful death lawyers and support staff represent clients throughout the state of Texas on a contingency basis, so you never pay any legal fees unless we win your case.
If you are ready to fight for the compensation you deserve, so are we. Let us take the lead.
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Who is Eligible to File a Wrongful Death Claim in Texas?
Frequently Asked Questions for Our Wrongful Death Attorneys in Houston, Texas
In Texas, wrongful death occurs when a person or party’s wrongful act, neglect, carelessness, unskillfulness, or default leads to the death of another. To put it simply, if the individual lives, and would have been entitled to file a personal injury lawsuit on their own, the eligible family member(s) are typically able to step in and file a claim on their own, called a wrongful death claim.
When negligence is a clear factor in someone’s death, including in cases of deadly drunk driving collisions, the family members must understand that they are not pursuing the actual driver for their financial recovery. They are going to have to go through the driver’s insurance company to achieve results. Insurance companies are not in the business of writing blank checks for accident and wrongful death claims. That means they are going to fight to pay as little as possible. Our skilled Houston wrongful death lawyers will take up the fight for you, so you can focus on grieving with your family – not battling an insurance company that only wants to win.
In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death.
Yes, in some cases, punitive damages may be awarded in a wrongful death lawsuit if the defendant’s conduct was particularly egregious or malicious.
A wrongful death lawsuit is filed by the family members of the deceased person to recover damages for their own losses, while a survival action is filed on behalf of the deceased person’s estate to recover damages for any injuries or damages the person suffered before they passed away.
The length of time it takes to resolve a wrongful death lawsuit varies depending on the complexity of the case, the number of parties involved, and other factors. Some cases can be resolved in a matter of months, while others may take years to reach a conclusion.
In a wrongful death lawsuit, the burden of proof is on the plaintiff (the person bringing the lawsuit) to prove that the defendant (the person being sued) was responsible for causing the deceased person’s death due to negligence or intentional wrongdoing.
The compensation for a wrongful death is typically calculated based on the economic and non-economic damages incurred by the deceased person’s surviving family members. Economic damages include financial losses such as medical expenses and lost income, while non-economic damages include pain and suffering, loss of companionship, and emotional distress.
Wrongful death is a civil matter, while murder is a criminal matter. In a wrongful death case, the defendant may be found liable for causing the person’s death through negligence or other wrongful acts, but they cannot be sent to jail or otherwise punished by the criminal justice system.
Yes, a wrongful death lawsuit can be filed even if the defendant was not charged with a crime or found guilty in criminal court. The standard of proof in a civil lawsuit is lower than in a criminal case, so it is possible for a defendant to be found liable in a wrongful death lawsuit even if they were not convicted of a crime.
In a wrongful death case, the personal representative (also known as the executor) of the deceased person’s estate is responsible for bringing the lawsuit on behalf of the deceased person’s surviving family members. The personal representative also has the authority to make legal decisions related to the case and distribute any damages awarded to the appropriate parties.
If there are multiple plaintiffs (such as multiple surviving family members) in a wrongful death case, the damages awarded will typically be divided among them according to Texas law. The court may also consider factors such as the financial dependence of each plaintiff on the deceased person and their relationship to the deceased when determining how to distribute the damages.
Yes, a wrongful death lawsuit can be filed against a government entity such as a city, county, or state government, if the government entity’s negligence or intentional wrongdoing was responsible for causing the person’s death. However, there may be specific procedural requirements and limitations on damages in cases involving government entities, so it is important to consult with an experienced attorney if you are considering filing a wrongful death lawsuit against a government entity.
