Houston Wrongful Death Lawyer

Guiding Surviving Family Members Through Wrongful Death Cases

The sudden loss of a loved one is devastating regardless of the reason it happened. But realizing it was caused by someone else’s negligence and therefore didn’t have to happen at all makes the loss even harder to accept. If you’re reeling from the shocking, senseless death of a close family member, and you suspect someone else is to blame for it, you may be entitled to file a wrongful death claim against the at-fault party.

We encourage you to contact the Jarrett Law Firm, PLLC, to learn more about your legal options as a surviving family member mourning an unexpected death. Our Texas wrongful death lawyers understand the need to seek justice if it turns out someone else’s negligence caused your loved one’s untimely death, so you can count on us to guide you through your case with compassion and care. If you’re ready to sit down and discuss the details of your recent loss with an experienced wrongful death attorney, call our Houston, Texas law firm today for a free initial consultation.

Do You Have a Wrongful Death Lawsuit to Pursue?

It’s essential to understand the point of a wrongful death lawsuit before you file one following your loved one’s death. First, you should know that it’s a civil claim – a type of personal injury claim, in particular – rather than a criminal one. This means the desired outcome of your claim is enough compensation to pay for the financial and emotional impact of the loss, not put the at-fault party in jail.

Of course, they could also face criminal charges depending on the circumstances, but that would be a separate case brought by state or federal prosecutors. Only certain surviving family members can bring a civil claim against someone after a wrongful death, so you should speak with a Houston wrongful death lawyer to learn if you’re entitled to file this type of claim for compensation.

Another detail to know is that you’ll only be able to pursue compensation if you can prove the at-fault party’s negligent or reckless actions directly led to the deceased person’s death, causing your family financial and emotional losses. Once you present evidence of this, you can seek compensation through a wrongful death claim. However, if you cannot prove that your loved one died due to someone else’s actions, you likely don’t have a wrongful death claim to make. Our Houston wrongful death attorneys have won several personal injury and wrongful death cases for Texas clients, so please get in touch with our firm to find out if you have a strong legal case to pursue.

What Are Some Common Types of Wrongful Death Claims?

Wrongful death claims arise any time a person dies due to someone else’s negligent actions. There are many situations in which this could occur, as you could be affected by the actions of others every time you interact with people, whether on the road or while at work. This is why there are so many types of wrongful death claims for family members to initiate.

Some of the most common reasons for wrongful death cases include:

Car accidents: It’s common for the surviving family members to file wrongful death claims after losing loved ones in car accidents, especially when there is proof the at-fault driver was speeding, under the influence of alcohol, driving recklessly, or displaying other negligent behaviors on the road
Semi-truck accidents: Collisions involving 18-wheelers, commercial trucks, and delivery vehicles are often deadly, leading to wrongful death claims intent on holding truck drivers and trucking companies liable for ignoring traffic laws, not properly maintaining the vehicle, and other violations
Medical malpractice: When doctors, nurses, or hospitals make fatal mistakes involving patients —such as misdiagnosis, surgical errors, or improper medical treatment—their surviving relatives may have grounds for a wrongful death claim
Workplace accidents: When an employee dies in the workplace due to unsafe conditions – such as chemicals, faulty equipment, or lack of safety gear – their loved ones can initiate a wrongful death claim on their behalf
Defective products: Since manufacturers have a responsibility to design, produce, and market safe products, they can be held liable when someone dies while using their unsafe items
Premises liability: If your loved one died on someone else’s property – such as in a fire, swimming pool, or fatal slip-and-fall accident – you may be entitled to file a wrongful death claim because the property owner did not maintain a safe environment for visitors
Criminal acts: If your family member died due to an assault, robbery, or other criminal activity, you can initiate a wrongful death lawsuit that’s separate from the criminal charges pursued by the state or federal prosecutor

These are some examples of fatal incidents that often lead to wrongful death claims, but there are many other situations that have the same results. No matter what type of incident caused your loved one’s death, you likely have a wrongful death case to pursue if you can prove someone else caused it. A trusted Houston wrongful death lawyer can assist with this process, so call our Texas law firm today to discuss your case.

Who Can File a Wrongful Death Lawsuit in Texas?

If you lost a family member due to someone else’s negligence and are thinking about filing a wrongful death claim, you first need to find out if you’re eligible to do so. The Texas Wrongful Death Act states that only certain family members can take legal action on behalf of a deceased person. More specifically, the following people can file a wrongful death lawsuit in Texas:

The surviving spouse, even if they were separated or part of a common-law marriage
Surviving children, including legally adopted children
Surviving parents, including adoptive parents, assuming there is no surviving spouse or children to file a legal claim

If none of the eligible surviving family members file a wrongful death claim within three months of the death, the executor or administrator of the deceased person’s estate can file one unless the family says otherwise. Note that siblings, grandparents, and other family members are generally not legally allowed to file wrongful death claims in Texas. The only exception is if they were legally adopted by the deceased person or are the estate executor or administrator.

If you’re considering filing a wrongful death claim and believe your relationship with the deceased person makes you legally eligible to do so, you should speak with a skilled wrongful death attorney as soon as possible. This is because there is a time limit for taking legal action, as the Texas wrongful death statute of limitations is two years from the day of the deceased’s death. While there are some exceptions that could affect this deadline, you should consider your legal options sooner rather than later to make sure you don’t miss your chance to recover the wrongful death compensation you deserve after a loved one’s unexpected death.

If you’re grieving the recent death of a close family member and want to find out if you’re eligible to file a wrongful death claim based on your relationship, you should contact an experienced wrongful death attorney for the answers you need. Call our Houston, Texas, law firm today to schedule a free consultation with a wrongful death attorney who is eager to provide the legal guidance you need to recover compensation.

What Damages Can Be Recovered in Texas Wrongful Death Cases?

No amount of money can truly compensate for the sudden loss of someone you love, but a fair settlement can help you avoid having to go into debt as you grieve. Getting the financial compensation you deserve can give you some breathing room while you try to come to terms with the senseless loss of a close family member. You should not have to work overtime as you grieve in order to pay for funeral expenses, hospital bills, and regular household bills.

This is why Texas law allows surviving family members to recover various forms of financial compensation. Consider the three main categories of compensation and then contact us to speak with a wrongful death attorney about your legal options.

Economic Damages

In many cases, a loved one’s death can result in expenses that the surviving family members would not have faced if the person had not been killed. This is why economic damages are an important part of a successful wrongful death lawsuit, ensuring that the grieving family members are not financially disadvantaged after a senseless death in the family.

When you file a Texas wrongful death lawsuit, your lawyer will likely request the following economic damages from the negligent party’s insurance company:

Medical bills for any treatment your loved one needed as a result of the act that took their life
Funeral expenses
Burial costs
Property damage caused by the fatal accident, such as the loss of a car or home after a car accident or house fire killed your loved one
Loss of household services provided by your loved one, such as childcare or home maintenance
Lost income that you were depending on to pay the bills
Loss of inheritance, which refers to the assets the heirs would have received if their deceased loved one had lived longer
Lost benefits, such as retirement, health insurance, or pension

While you might be able to add up some of these economic damages on your own using receipts and estimates, many require a skilled wrongful death attorney to calculate them. For example, you’ll likely need help determining the cost of lost household services and inheritance since these losses don’t come with receipts. Our Houston wrongful death lawyers can skillfully add up these costs while working on your Texas wrongful death lawsuit, so call our law office today to start your case.

Non-Economic Damages

Non-economic damages are supposed to compensate for the intangible losses suffered by surviving family members. These losses don’t usually cost the family money, but a settlement check could make them more bearable by allowing the surviving family members to take more time off work, afford therapy, or pay for travel expenses so they can grieve with other family members who live out of state.

Some of the most common non-economic damages included in Houston wrongful death claims include:

Mental anguish suffered by the surviving family members as they grieve
Loss of companionship, including the love, support, and comfort families get from each other
Loss of guidance and support, usually reserved for surviving children missing the advice and support of their deceased parent
Loss of consortium, usually reserved for surviving spouses who lost the intimacy and comfort of marriage

If you’re suffering from emotional and mental anguish after the loss of your loved one, you can pursue these non-economic damages when you file a wrongful death lawsuit with the help of skilled personal injury lawyers. While this type of wrongful death compensation can’t begin to make up for the tragic death of your spouse, parent, or child, it can allow you to afford to spend more time grieving with your family without rushing back to work. If you want to learn how much compensation to expect from your Texas wrongful death lawsuit, call our Houston law office today to speak with a trusted wrongful death attorney.

Punitive Damages

Most wrongful death cases only allow surviving family members to collect economic and non-economic damages, but in some rare situations, they can pursue punitive damages, as well. Also known as exemplary damages, these are only awarded when a judge believes the wrongful act was particularly egregious. In fact, for a judge to order punitive damages, there must be evidence that the person responsible for your loved one’s death acted in a grossly negligent or malicious way.

For example, punitive damages might apply if your loved one was killed because a driver drove drunk, a doctor performed a risky procedure without consent, or a manufacturer knowingly sold a dangerous product. In instances like these, punitive damages might be included in the wrongful death lawsuit in order to punish the defendant’s negligence. The intent is to deter them and others from displaying the same negligent behavior in the future.

If you want to know the chances of getting punitive damages for your wrongful death lawsuit, you should talk to Houston wrongful death attorneys about the details of your case. Depending on the circumstances of the death, a judge might decide to hold the responsible parties accountable by ordering economic, non-economic, and punitive damages. Call our law office today to discuss your wrongful death suit so we can determine which wrongful death damages you may be entitled to as a grieving family member.

How Can You Prove Wrongful Death in Texas?

You can only recover damages for a wrongful act if you and your lawyer can successfully prove four important elements of negligence. If these elements cannot be proven in court, your wrongful death suit may be dismissed. For this reason, it’s vital that you hire a wrongful death attorney who is committed to proving the following elements for your case:

Duty of Care: The first step of this type of case is showing that the defendant in the wrongful death case owed a duty of care to the deceased individual, which means they had an obligation to act with reasonable care to avoid causing them harm. For example, a driver has a duty to follow traffic laws when behind the wheel, while a property owner has a duty to maintain a safe environment for visitors
Breach of Duty: The next step of this type of case is proving that the defendant breached this duty by acting negligently or carelessly. If a driver ran a red light or a property owner did not remove or repair a safety hazard on their property, they breached their duty of care
Causation: During this step, a wrongful death lawyer must prove that the breach of duty directly caused your loved one’s death, meaning they would not have died if it weren’t for the wrongful act. So, if your loved one passed away after being struck by a driver who ran a red light, your wrongful death lawyer might use medical records to show that the fatal crash directly caused the death
Damages: The last step of this legal process is proving that the surviving family members suffered actual damages due to the wrongful death. These can include economic and non-economic damages, including funeral expenses, lost income, mental anguish, and loss of companionship

You can only recover compensation if your Texas wrongful death lawyer proves all four elements in court. Fortunately, our experienced Houston wrongful death attorneys have the legal education and resources to do so. Whether your loved one was killed in a fatal accident on a Texas highway, in the workplace, or in a surgical room at the local hospital, you deserve to seek compensation so you’re not left with massive debt while grieving your family member.

Our Houston wrongful death attorneys can review the details of your situation to determine if you should bring a wrongful death lawsuit against the responsible parties. If the answer is yes, we’ll guide you through the entire legal process, starting by gathering the necessary evidence to prove negligence so you can recover damages from the responsible party or their insurance company. Call us today for a free initial consultation with a caring wrongful death lawyer.

How Much Is Your Wrongful Death Claim Worth?

One of the most common questions surviving families have is how much money they should expect from their wrongful death lawsuit. The answer is not straightforward, as the value of a wrongful death claim varies based on several factors related to the deceased individual, the fatal accident that took their life, and the loved ones left behind. In general, Texas wrongful death claims can range from $500,000 to $5 million or more.

The factors that help determine the value of your wrongful death action include:

The deceased individual’s age and health: If they were young and in good health before the fatal accident – and likely had many more years of life ahead of them – the wrongful death claim would generally be worth more than if they were older and in poor health
Their income and earning potential: Wrongful death claims usually include lost income as part of the compensation, as the surviving spouse and children may depend on the deceased loved one’s wages and other benefits. For this reason, their current income, future earnings, likely retirement contributions, and other benefits will be calculated in the claim
Financial needs of the family: If you’re already struggling to pay the bills without your loved one’s income, and now you’re also facing medical expenses and funeral and burial costs, these details will be considered when adding up the compensation
The relationship with the deceased: Wrongful death cases consider the strength of family relationships when determining total compensation. If there’s evidence you were particularly close to your loved one, you could get the maximum compensation for the loss of companionship and guidance
The circumstances of the fatal accident: The nature of the accident can affect the compensation you get from your wrongful death lawsuit, as the average settlement for a car accident is different from that of a fatal incident in the workplace. The degree of the defendant’s negligence also plays a role since this can determine if the judge orders punitive damages
Fault of the victim: If your loved one was partly to blame for the fatal incident, this could decrease your settlement. This is because of the modified comparative negligence law in Texas, which reduces the settlement by the percentage of fault. So, if your loved one was 20% at fault for the accident that took their life, you’ll likely get 80% of the amount the judge awards in your wrongful death lawsuit

These are the main elements that can affect the compensation you receive from your Texas wrongful death case, but additional factors might apply to your situation. This is why it’s important to get legal advice from a Houston wrongful death lawyer who knows your specific circumstances and can estimate the compensation to expect. If you’re ready to seek compensation after a wrongful death in your family, call our Houston law office for a free consultation with helpful, skilled personal injury lawyers.

How Can a Skilled Lawyer Assist with Your Texas Wrongful Death Lawsuit?

If you’re considering filing a wrongful death claim against the person responsible for your loved one’s tragic death, it’s vital that you speak with a Houston wrongful death lawyer first. Skilled lawyers can help you navigate the complicated legal process necessary to go through to get the compensation you’re entitled to. The right attorney for your case can answer your legal questions, gather evidence to support your case, and fight for the maximum financial compensation. Consider the specific ways Houston wrongful death attorneys can help you, and then call our personal injury firm for a free consultation to learn more.

Help You Understand Your Legal Options

If you’re just starting to explore the idea of pursuing financial compensation from the negligent parties liable for your loved one’s death, it’s helpful to attend an initial consultation with a lawyer. They can get an overview of your situation and tell you if they recommend filing a lawsuit based on how the wrongful death occurred.

If it’s clear to the lawyer that someone else’s careless or negligent actions caused the death, they will consider your relationship with the deceased person to determine if you’re eligible to initiate a wrongful death action. Generally, if you’re the spouse, child, or parent of the person who passed away, and you’re within the two-year statute of limitations, you may be able to file a wrongful death claim. If you decide this is the action you want to take, the lawyer can begin the investigation to prove liability and seek damages on your behalf.

Find Evidence to Support Your Claim

The next step is to gather and review all evidence that can prove who is liable for the wrongful death. To do this, an experienced wrongful death attorney will identify all parties involved in the situation and gather evidence from the accident scene. This typically involves collecting photos and videos of the incident and its aftermath and reviewing any physical evidence from the scene.

Skilled lawyers will often also review medical records, autopsy reports, police reports, and cell phone records. In addition, they will reach out to other people who can help prove their case, including eyewitnesses, accident reconstructionists, and medical experts. Relying on these critical resources can help determine who caused the accident so you know who to bring the claim against. Whether you’re taking action against an individual or their insurance company, they’ll likely deny liability until you show evidence, so it’s crucial to hire a lawyer to find and present proof of negligence for your wrongful death case.

Calculate Fair Compensation for Your Wrongful Death Case

Once it’s clear who is responsible for the wrongful death of your loved one, you will need to request an amount of compensation that is fair to you and your family. This can be hard to calculate on your own, especially when it comes to damages that don’t have receipts and estimates attached to them.

So, be sure to hire a lawyer who can add up the lost income, medical bills, funeral costs, and other actual damages, in addition to the loss of companionship, guidance, and consortium that applies to your case. Experienced attorneys can also tell you if your wrongful death case will involve punitive damages due to the gross negligence or malicious intent of the defendant.

Negotiate with the Insurance Company

During any personal injury or wrongful death case, it’s important to remember that insurance companies are not on your side. Their goal is to reduce settlements or deny liability altogether, even when it’s clear a family is grieving and suffering financially due to the liable party’s negligent actions. For this reason, you shouldn’t try dealing with the insurance company on your own.

Instead, you should hire a skilled attorney to communicate directly with the company. Legal professionals with years of experience taking on wrongful death cases in Texas know how to identify and reject low settlement offers and negotiate aggressively to get maximum compensation for clients. You should not have to spend your time going back and forth with an insurance company that will likely give you an insultingly low offer from the start. Let our Texas wrongful death lawyers fight on your behalf to get you the best possible settlement.

Represent You in Court During Your Wrongful Death Lawsuit

If the insurance company refuses to offer you a fair settlement or contests the claim altogether, you might have to go to court to get the money you deserve. When this happens, you’ll need a skilled litigator by your side to represent you in court.

When a trusted wrongful death attorney takes on your case, they will be responsible for filing motions, presenting evidence in court, and generally making persuasive arguments to the judge or jury so you get the full amount you deserve when the case is over. If you’re concerned about going to court for your wrongful death case but need money to pay for funeral costs, medical expenses, and more, contact a trusted law firm for help with your case. Our attorneys have successfully represented numerous clients whose cases went to court, and we can provide you with the same quality legal services when you’re ready to seek compensation.

Why Should You Hire Our Houston Wrongful Death Lawyer?

If you’re reeling from the recent death of a loved one and want to know if you have legal recourse to compensate for the financial and emotional impact on your family, please get in touch with the Jarrett Law Firm, PLLC, as soon as possible. Our compassionate lawyers understand the need to recover damages from the at-fault party after an unexpected death, as you shouldn’t have to worry about how to pay your bills while you learn to live without your loved one.

When you hire our team to handle your wrongful death case, you will have caring, skilled lawyers on your side who will fight for your rightful compensation. Whether your spouse, parent, or child died in a car crash, workplace accident, criminal act, or other devastating incident, you could be entitled to financial compensation as you mourn the sudden loss, and our lawyers are dedicated to helping you collect it.

We have years of experience investigating, analyzing, and negotiating while resolving civil matters, including personal injury and wrongful death claims. You can count on us to handle your case strategically and efficiently while keeping you updated on our progress every step of the way. If you’re ready to seek legal support with your Houston wrongful death claim, call 346-683-2240 today for a free initial consultation to discuss your case.