Houston Wrongful Death Lawyer
Achieving Justice Since 2014
Did another party’s negligence cause your loved one’s death? We can help.
At Feldman Lee, PLLC, we combine small firm attentiveness with big firm resources. Securing justice for your loved one is our top priority, and ensuring your family is taken care of in the wake of tragic loss is our mission.
The experienced Houston wrongful death lawyers at Feldman Lee, PLLC, will advocate for you by:
- Investigating the Cause of Death
- Calculating the True Cost of Your Loss
- Negotiating a Fair Settlement That Ensures Accountability
- Taking Your Case to Court
Don’t suffer under the financial burden of sudden loss. Call Feldman Lee, PLLC, to hold the at-fault party accountable for your loved one’s death.
Get Started Today. Call (281) 858-3355
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit in Texas is a civil action brought when someone dies due to the negligent, reckless, or intentional actions of another person or entity. Under Texas law, these lawsuits aim to provide financial compensation to the deceased’s surviving family members for their loss. Eligible claimants include the deceased’s spouse, children, and parents.
The lawsuit can seek damages for various losses, including funeral and burial expenses, lost earning capacity, lost inheritance, pain and suffering experienced by the deceased, and the loss of companionship, love, and support for the survivors. Texas law also allows for the possibility of punitive damages if the defendant’s actions were egregious.
The legal process involves proving that the death was directly caused by the defendant’s actions and demonstrating the resulting financial and emotional impact on the survivors. Successful wrongful death claims can help ease the financial burden and provide a measure of justice for the grieving family. In Houston, the wrongful death lawyers at Feldman Lee, PLLC, can help your family achieve justice after tragedy.
When Can You Sue for Wrongful Death?
In Texas, you can sue for wrongful death when a loved one dies due to another party’s negligent, reckless, or intentional actions. The statute of limitations for filing a wrongful death lawsuit in Texas is typically two years from the date of death. However, exceptions may extend this period, such as cases involving minors, fraud, or intentional concealment of harm. Circumstances allowing for a wrongful death suit include medical malpractice, car accidents, workplace accidents, defective products, and criminal actions.
Call Feldman Lee, PLLC, to Secure Justice for Your Loved One. (281) 858-3355
How Much Is My Wrongful Death Lawsuit Worth?
The value of a wrongful death lawsuit in Texas varies based on the circumstances of the death, the financial impact on the surviving family, and other details of the case. Compensation from a settlement covers economic and non-economic damages.
Economic Damages
Economic damages include tangible losses, such as medical expenses incurred before death, funeral and burial costs, loss of the deceased’s expected earnings, and loss of benefits such as insurance or pension plans. The calculation of these damages involves detailed financial analysis and expert testimony to estimate the future financial contributions the deceased would have made.
Non-Economic Damages
Non-economic damages compensate for intangible losses, including the pain and suffering of the deceased before death, mental anguish, and the loss of companionship, love, and support experienced by surviving family members. These damages are more subjective and depend on the relationship between the deceased and their family.
In some cases, punitive damages may be awarded if the defendant’s conduct was particularly egregious or malicious, intended to punish the wrongdoer and deter similar behavior in the future. Consulting with an injury lawyer who is experienced in wrongful death cases is crucial to accurately assess the value of your lawsuit.
Get Your FREE Consultation With Feldman Lee, PLLC. Call (281) 858-3355
How to Prove a Wrongful Death Case in Houston
Proving a wrongful death case in Houston, Texas requires substantial evidence to demonstrate that the death resulted from another party’s negligence, recklessness, or intentional actions. The legal process necessitates a clear understanding of the applicable laws and diligent collection of relevant evidence. A wrongful death lawyer has the experience necessary to manage these processes on behalf of surviving dependents, so they can focus on managing their grief.
Understand the Elements of Negligence in a Wrongful Death Case
To establish a wrongful death claim in Texas, the plaintiff must prove four key elements:
- Duty of Care: The plaintiff must demonstrate that the defendant owed a duty of care to the deceased. This duty varies depending on the relationship between the parties involved in the accident. For example, drivers have a duty to follow traffic laws and operate their vehicles safely, while medical professionals have a duty to provide a standard level of care to their patients.
- Breach of Duty: It must be shown that the defendant breached this duty of care. Breach can occur through negligent actions (e.g., a driver running a red light) or omissions (e.g., a medical professional failing to diagnose a treatable condition). Establishing this breach often requires expert testimony to demonstrate how the defendant’s actions deviated from the accepted standard of care.
- Causation: The plaintiff must prove a direct causal link between the defendant’s breach of duty and the death of the deceased. This means showing that the death would not have occurred “but for” the defendant’s actions. In many cases, causation is established through medical records, accident reports, and expert opinions.
- Damages: Finally, the plaintiff must demonstrate that the death caused quantifiable damages. This includes economic damages like medical bills, funeral expenses, and lost income, as well as non-economic damages such as loss of companionship, emotional distress, and pain and suffering.
Gather the Evidence Required to Prove Wrongful Death
Proving a wrongful death case requires comprehensive evidence, including:
- Medical Records: Detailed medical records can establish the cause of death and link it to the defendant’s actions.
- Accident Reports: Police and accident reports provide crucial information about the circumstances of the incident.
- Witness Testimonies: Eyewitnesses can offer firsthand accounts of the events leading to the death.
- Expert Testimonies: Experts in fields such as medicine, accident reconstruction, and economics can provide critical insights and bolster the plaintiff’s case.
- Financial Documents: These help quantify the economic losses suffered by the survivors, including lost wages and benefits.
Hire a Wrongful Death Lawyer
Given the complexity of wrongful death cases, it is essential to work with an experienced attorney in Houston who is familiar with this area of law. An attorney can navigate the legal requirements, gather and present evidence effectively, and advocate on behalf of the survivors to secure fair compensation.
Proving a wrongful death case requires a thorough understanding of legal principles and diligent evidence collection. By demonstrating duty of care, breach, causation, and damages, and with the support of skilled legal counsel, you can build a strong case to seek justice for your loss.
Get an Experienced Wrongful Death Attorney on Your Side. Call (281) 858-3355
Frequently Asked Questions About Wrongful Death Cases in Houston
What Is the Statute of Limitations for Wrongful Death Lawsuits in Texas?
The statute of limitations for wrongful death lawsuits in Texas is generally two years from the date of the deceased’s death. However, exceptions may to cases involving minors, fraud, or intentional concealment.
What Is the Difference Between a Survivor Action and a Wrongful Death Claim?
In Texas, a wrongful death claim is filed by the surviving family members (spouse, children, or parents) of the deceased, seeking compensation for their personal losses, such as loss of companionship, emotional distress, and financial support. A survivorship claim, on the other hand, is brought by the estate of the deceased and seeks damages for the pain and suffering the deceased endured before death, as well as medical expenses and lost earnings. Essentially, wrongful death claims address the impact on the survivors, while survivorship claims focus on the damages incurred by the deceased before passing.
How Do I Know If I Have a Wrongful Death Case?
To determine if you have a wrongful death case, consider if your loved one died due to another party’s negligence, recklessness, or intentional actions. Consult with an experienced wrongful death attorney who can evaluate your situation and advise you on the legal merits of your claim.
Feldman Lee, PLLC Can Help Your Family Recover
At Feldman Lee, PLLC, we take your case seriously. Our mission is to seek justice against the party responsible for your loved one’s death, helping you ensure they don’t evade accountability. For a free case evaluation in Houston, contact us at (281) 858-3355
Don’t Let the At-Fault Party Evade Justice. Call Feldman Lee at (281) 858-3355
