Losing a loved one can be devastating, especially when their death could have been prevented. If you’ve lost someone in an accident, a Houston personal injury lawyer can help you seek justice.
Navigating the legal system can be a daunting task, especially while mourning the loss of a loved one. But you don’t have to go through the claims process alone.
The team at Omega Law Group Accident & Injury Attorneys has decades of combined legal experience. If you’ve lost a loved one due to someone else’s negligence, a Houston wrongful death lawyer from our team can help your family pursue compensation.
Who Can File a Wrongful Death Lawsuit?
In Texas, only specific family members can file a wrongful death lawsuit. These include:
- Spouses (current or legal spouses at the time of death)
- Children (biological, adopted, or legally recognized)
- Parents (biological or adoptive)
Siblings and extended family members, like grandparents, generally cannot file a wrongful death claim. If none of the eligible parties file a claim within three months, the personal representative of the deceased’s estate may do so.
How Can a Wrongful Death Lawyer Help?
A skilled wrongful death lawyer can provide vital assistance by:
- Investigating the circumstances surrounding the death
- Gathering evidence, such as medical records and witness statements
- Negotiating with insurance companies to secure a fair settlement
- Representing your case in court (if necessary)
A wrongful death lawyer in Houston can ensure that your rights are protected and that you’re not taken advantage of by insurers or opposing parties.
Has someone else's negligence caused the death of a loved one?
Our wrongful death lawyers in Houston are here to help.
(310) 526-8383 How Much Does a Wrongful Death Lawyer Cost in Houston?
Most wrongful death lawyers, including those at Omega Law Group, work on a contingency fee basis. This means:
- You don’t pay any upfront costs.
- Your lawyer’s fee will be a prearranged percentage of your settlement or court award.
- If your lawyer doesn’t win your case, you owe them nothing.
What Is the Average Wrongful Death Settlement in Texas?
Since every case is unique, there is no average wrongful death settlement. Some claimants receive low six-figure sums, while others receive payouts worth millions of dollars.
A wrongful death attorney in Houston can help you pursue the maximum possible settlement for your family.
Did your loved one pass due to negligence of someone else?
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(310) 526-8383 Who Gets the Money in a Wrongful Death Lawsuit in Texas?
In Texas, wrongful death settlements are divided among eligible family members based on their relationship to the deceased and their level of dependency. For instance:
- Spouses may receive compensation for loss of companionship and financial support.
- Children can be awarded damages for lost parental guidance.
- Parents can recover compensation for mental anguish and the loss of their child.
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(310) 526-8383 How Is a Wrongful Death Settlement Divided?
Typically, a wrongful death settlement is distributed among the surviving spouse and children, with the spouse often receiving a larger portion. If there are no children, the spouse is entitled to the entire settlement.
If there are additional beneficiaries, such as parents, the remaining amount is divided based on their relationship to the deceased and the extent of the losses they experienced.
Factors That Can Affect Your Settlement
Several factors can influence the value of a wrongful death settlement, including:
- The degree of negligence or intentional harm
- Availability of insurance coverage
- Quality of evidence
- The deceased’s age, health, and earning capacity
What Is the Most You Can Sue for Wrongful Death?
Texas does not impose a cap on economic damages in wrongful death cases. However, there are caps on non-economic damages, particularly in medical malpractice claims or claims involving government entities. In these cases, non-economic damages are capped at $250,000 per person and $500,000 per accident.
Types of Damages You Can Recover
Wrongful death claimants can recover a variety of damages, including:
- Medical expenses: You can recover the costs of medical treatment that the deceased incurred before their death.
- Funeral and burial costs: You can seek reimbursement for the necessary expenses of laying your loved one to rest.
- Lost income: You can receive compensation for the loss of the deceased’s current and future earnings that would have supported your family.
- Loss of benefits: You can recover damages for the loss of benefits such as health insurance or retirement plans.
- Emotional pain and suffering: You can seek compensation for the anguish and mental distress caused by the loss of your loved one.
- Loss of companionship: You can recover damages for the loss of the deceased’s love, support, and guidance.
- Loss of inheritance: You can claim compensation for the value of the estate your loved one would have likely built and left for you.
Can I Recover Punitive Damages?
Yes, punitive damages may be awarded in wrongful death cases involving gross negligence or malicious intent.
What Is the Deadline for Filing a Wrongful Death Lawsuit in Texas?
The statute of limitations for filing a wrongful death lawsuit in Texas is two years from the date of the deceased’s death. If you miss this deadline, you could forfeit your right to seek compensation.
A Houston personal injury attorney can make sure you file on time.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim filed by the surviving family members of someone whose death resulted from another’s negligence, recklessness, or intentional actions.
Its purpose is to provide financial compensation and hold the responsible party accountable.
How Do Wrongful Death Lawsuits Work?
A wrongful death lawsuit typically involves these steps:
- Consultation with an attorney: The process begins with a meeting with a wrongful death lawyer. During this phase, your attorney will review evidence, determine potential defendants, and discuss possible outcomes.
- Filing the lawsuit: Your lawyer will draft and file a formal complaint with the court, outlining the allegations against the defendant and the damages being sought.
- Investigation and evidence gathering: Your lawyer will conduct a thorough investigation, collecting evidence such as medical records, police reports, witness statements, and expert testimonies to build a strong case.
- Pre–trial negotiations: Often, the opposing parties engage in settlement negotiations to resolve the case without going to trial. Your attorney will negotiate on your behalf to ensure a fair settlement.
- Discovery process: If negotiations do not lead to a resolution, both parties exchange information and evidence through depositions, interrogatories, and requests for documents during the discovery phase.
- Trial: If a settlement cannot be reached, the case proceeds to trial. Your attorney will present evidence, call witnesses, and argue your case before a judge or jury, who will decide on liability and damages.
Most wrongful death cases settle out of court, but it’s still essential to hire a lawyer who can represent you if needed.
How Long Does a Wrongful Death Case Take?
Wrongful death cases can take anywhere from a few months to several years to conclude, depending on factors like:
- Complexity of the case
- Willingness of parties to settle
- Court schedules
Are Wrongful Death Cases Hard to Win?
Wrongful death cases can be challenging, especially if liability is disputed or evidence is lacking. An experienced attorney can improve your odds by presenting a strong case and countering the opposing party’s arguments.
How Do You Prove Liability?
To prove liability in a wrongful death case, you must show that:
- The defendant owed a duty of care to the deceased.
- The defendant breached that duty through negligence or intentional actions.
- The breach directly caused the death.
- The death resulted in damages to the surviving family members.
Who Can Be Held Liable in a Wrongful Death Case?
A variety of parties can be held liable for wrongful death, depending on the circumstances of the case. Those parties include:
- Individuals: This includes drivers responsible for fatal car accidents, property owners who failed to address hazardous conditions, and anyone whose direct actions led to the death.
- Employers: Companies can be held liable if a death occurs due to unsafe working conditions, lack of proper training, or negligence in maintaining safety standards.
- Manufacturers: If a defective product causes a wrongful death, the manufacturer, distributor, or retailer of the product may be held accountable.
- Medical professionals: In cases where a misdiagnosis, surgical error, or failure to provide proper treatment led to the death, doctors, nurses, or hospitals can be liable for medical malpractice.
- Government entities: In some cases, government agencies may be held liable for wrongful deaths caused by poor road maintenance, dangerous public infrastructure, or negligence in providing public services.
- Business owners: Owners of establishments like bars or clubs may be liable if negligent security measures or overserving alcohol contributed to a fatal incident.
Liability can sometimes involve multiple parties, such as both an individual and a company. An experienced wrongful death attorney can identify all liable parties and ensure they are held accountable.
How Do You Win a Wrongful Death Case?
Your odds of winning a wrongful death case will depend on the strength of your evidence, which may include:
- Witness testimony
- Expert analysis (often from medical or financial experts)
- Documentation of damages (such as financial records or photos)
What Is the Difference Between a Survival Claim and a Wrongful Death Claim?
Survival claims and wrongful death claims have distinct legal definitions:
- Wrongful death claim: Filed by family members to seek compensation for their losses.
- Survival claim: Filed on behalf of the deceased’s estate to recover damages for the losses the deceased person experienced before their death.
Can I File Both a Survival Claim and a Wrongful Death Lawsuit?
Yes, both a survival claim and a wrongful death claim can be filed concurrently. A wrongful death attorney can guide you through this process to ensure all legal avenues are pursued.
What Is the Definition of Wrongful Death in Texas?
Under Texas law, wrongful death is defined as a death that’s caused by another person or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
Common Causes of Wrongful Death
Some common causes of wrongful death include:
- Car and truck accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts
Steps to Take After a Fatal Accident
If your loved one has tragically passed away due to an accident, it’s crucial to take the following steps:
- Contact emergency services: Call 911 to report the incident and request medical assistance or law enforcement if needed.
- Document the scene: If it’s safe to do so, take photographs and videos of the accident scene, including visible hazards, vehicle damage, and injuries.
- Gather information: Collect the contact information of witnesses, involved parties, and any responding authorities.
- Preserve evidence: Keep all physical evidence related to the accident, such as damaged property, clothing, or products that may have contributed to the incident.
- Avoid speaking about the incident: Refrain from making statements or speculating about fault, especially on social media or to insurance companies, as these can be used against you.
- Obtain medical and legal documentation: Obtain medical records, death certificates, and any other relevant documentation related to the fatal accident.
- Consult an attorney: Contact an experienced wrongful death lawyer to understand your legal rights and initiate the claims process.
- File a claim: Work with your attorney to ensure your claim is filed within Texas’s statute of limitations.
By taking these steps, you can strengthen your case and ensure justice is served for your loved one.
Contact a Houston Wrongful Death Attorney Today
The loss of a loved one can be an extremely painful experience. If someone else’s negligence caused that loss, you shouldn’t have to pay for it.
Omega Law Group has extensive experience with wrongful death cases. If you’ve lost someone in an accident, a Houston wrongful death attorney from our team can help you file a claim and pursue the damages your family deserves.
Schedule a free consultation today to learn about how you can seek justice for your loved one.
