Houston Wrongful Death Attorneys
Our personal injury lawyers have been helping clients for decades
Losing a loved one in a personal injury accident is very painful. Your loss can be even more difficult to process when the negligence of another caused the accident. You want to hold negligent parties accountable. Smith & Hassler helps families get justice for their loved ones.
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.
"I had never dealt with a personal injury claim before and was very unfamiliar with the process. Everybody whom I dealt with was friendly and took the time to explain everything very clearly to me. I would highly recommend Smith and Hassler to anyone looking to settle a personal injury claim." — Carlos S.
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FAQs about wrongful death claims in Houston, TX
- How do wrongful death lawsuits work?
- What types of damages can I recover from a wrongful death claim?
- How much is my wrongful death case worth?
- What is the statute of limitations for wrongful death cases in Texas?
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.
A wrongful death can occur in several different ways. Our firm handles many types of wrongful death cases, including those involving:
- Nursing home deaths – Nursing homes and similar facilities have a responsibility to protect the health and safety of residents in their care. When they fail to meet that responsibility, it can result in the premature death of residents.
- Newborn deaths – Medical negligence or defective products can lead to the loss of newborns and infants.
- Prison deaths – Prisons have a responsibility to protect the health and safety of people who are incarcerated. When abuse or neglect of prisoners results in their death, they can be held responsible.
- Motor vehicle deaths – Many car accidents, truck accidents, and motorcycle accidents are fatal – such as drunk driving accidents. Drivers, company owners, vehicle or parts manufacturers, and other parties can be held responsible if their negligence led to a fatal crash.
- Medical malpractice deaths – When medical professionals fail to provide the accepted standard of care, they can be held accountable if their patient dies.
- Work accident deaths – Employers are required to take steps to keep their workers safe. When they fail to meet this responsibility, workers may lose their lives.
What types of damages can I recover from a wrongful death claim?
In a wrongful death claim, you can collect damages that reflect the financial and emotional impact of the deceased’s death on survivors. Wrongful death damages typically include:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury
- Loss of income the deceased would have earned had they lived
- Loss of support, guidance, and companionship
- Loss of consortium
- Pain and suffering endured by the deceased
How much is my wrongful death case worth?
The value of wrongful death claims often varies, making it difficult to pinpoint the average settlement. Compensation typically ranges from five-figure sums to multi-million-dollar awards.
The factors that can affect wrongful death settlements include:
- The deceased's age, health, and earning capacity: Younger individuals with higher earning potentials often result in larger settlements.
- The circumstances leading to the death: Cases involving egregious negligence or intentional harm may result in higher settlements through punitive damages.
- Economic losses: This includes medical bills incurred prior to death, funeral expenses, and the future income the deceased would have earned.
- Non-economic damages: These are more subjective and include compensation for the impact the deceased’s death had on survivors.
What is the statute of limitations for wrongful death cases in Texas?
In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s death. However, it’s best to act as soon as possible. The longer you wait, the more difficult it can be for a wrongful death attorney to gather evidence to support your claim.
Smith & Hassler is determined to help you get the best possible outcome
The type and extent of the compensation that is awarded in a lawsuit depends on many factors. One of the most important is how responsibility is established. For example, the negligent party and lawyers may argue that your loved one was partially responsible for his or her own death.
That’s why our firm investigates your loved one’s accident to get the facts. We gather evidence and review documentation, such as accident reports. We identify and interview witnesses. If needed, we have a wide network of experts who can help us understand how your loved one’s accident happened and how it could have been prevented.
Our firm has been serving Houston for more than 30 years. Learn more about how we can help. Contact us to schedule a free consultation with one of our experienced personal injury lawyers. When you are represented by our firm, you owe us nothing unless we recover compensation for you.