Houston Wrongful Death Lawyer

Compassionate Legal Support For Wrongful Death Claims In Houston

When you lose a loved one unexpectedly, you are faced with emotional and mental trauma. You also face economic costs and financial losses that you hadn’t planned for. When your loved one’s death was caused by someone else’s negligent or reckless actions, your grief can quickly turn to anger.

If your family has lost a loved one to wrongful death, you deserve answers and justice. At Goldenzweig Law Group, PLLC, our Houston wrongful death attorneys fight for families like yours. We demand full compensation for families who have been left with overwhelming financial burdens after a death that could have been prevented. Reach out to our firm today for a free case evaluation. We can discuss your rights, answer your questions, and talk about the next steps. Our firm does not charge upfront fees for our advice and our legal representation. You don’t have to pay us anything unless and until we recover compensation for you.

When Is a Death Considered “Wrongful” in Texas?

Generally speaking, a death is considered “wrongful” under Texas’s wrongful death statute when it occurs due to the negligent, reckless, careless, or wrongful conduct of another. This includes instances in which a fetus is not born alive due to medical negligence or other forms of misconduct.

If the person who passed away would have had grounds to file a personal injury claim had they lived, their death is likely considered “wrongful.” This means that certain surviving family members are entitled to bring a wrongful death action against the at-fault, or liable, party and seek compensation for losses, or damages, related to the decedent’s passing. 

Leading Causes of Wrongful Death

Some of the most common accidents that give rise to wrongful death claims include:

• Car accidents, including drunk driving accidents, hit-and-run accidents, or Uber and Lyft accidents
• Truck accidents
• Commercial vehicle accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents 
• Bus accidents
• Premises liability incidents, including slip and falls, swimming pool accidents, and negligent security
• Construction accidents
• Work accidents
• Assault, manslaughter, homicide, and murder

Are You Eligible to File a Wrongful Death Claim?

Texas law specifies categories of people who are entitled to file a wrongful death claim.

First, the law allows a surviving spouse, surviving children (including legally adopted children), or surviving parents (including legal adoptive parents) of the person who died (known as the decedent) to file a wrongful death claim. Any of these individuals may file the claim themselves, or all of these eligible parties may choose to file the wrongful death claim together. Regardless of who is filing the claim, the case is brought on behalf of all surviving eligible family members, each of whom is entitled to a share of any recovery obtained in the wrongful death claim.

If a surviving spouse, child, or parent does not bring a wrongful death claim within three months of the decedent’s death, then the decedent’s personal representative, usually the administrator or executor of the decedent’s estate, may then file the wrongful death claim. The claim is filed on behalf of all surviving eligible family members, unless the surviving spouse, surviving children, and surviving parents of the decedent object to the claim being filed.

Maximizing Compensation in a Texas Wrongful Death Claim

No amount of money can undo the loss you have endured or make up for the tragic passing of your loved one. That being said, a wrongful death claim is intended to compensate the estate of the deceased individual, along with the eligible surviving family members for personal and economic losses they have suffered due to the decedent’s passing. 

Compensation in a wrongful death claim in Texas may be sought for:

• Costs of medical treatment for last injury or illness caused by the at-fault party
• Funeral and burial costs
• Lost wages suffered by the decedent for the period between the onset of the last injury or illness and death
• Lost earning capacity or expected financial contributions to the family, including benefits such as health insurance and pensions
• Lost inheritance, or the value of assets the decedent reasonably would have saved and left to the surviving family member if the decedent had enjoyed a normal life expectancy
• Loss of the decedent’s care, maintenance and services, support, guidance, advice, and counsel
• Loss of the decedent’s love, comfort, companionship, and intimacy
• Conscious pain and suffering experienced by the decedent prior to death
• Emotional pain and anguish experienced by surviving family members

In rare cases where a decedent’s death is caused by egregious or shocking conduct, usually of a willful or reckless nature, you may also be awarded exemplary, or “punitive,” damages. This is not intended to compensate you for any loss. Rather, it is intended to “punish” the at-fault party for the conduct and to deter others from committing similar conduct in the future.

Compensation recovered in a wrongful death claim is usually distributed among the surviving eligible family members in direct proportion to the loss each family member suffered due to the decedent’s death.

Talk To a Houston Wrongful Death Lawyer: (713) 609-1930

If you lost a loved one due to someone else’s negligent or reckless actions, you deserve to seek compensation and accountability from the at-fault party. Contact Goldenzweig Law Group, PLLC today for a free consultation with a compassionate wrongful death lawyer in Houston. There is no fee for us to start work on your case. You only pay us if we recover compensation for your family.