346-590-6665Wrongful Death Lawyers in Houston
Seeking Justice for Your Loss
The loss of a loved one due to someone else’s negligence or intentional actions is both devastating and overwhelming. At Moises Morales Law, we understand the emotional and financial impact of such a loss and are dedicated to helping families seek justice through wrongful death claims.
Our experienced Houston wrongful death attorneys approach each case with sensitivity and dedication and are committed to securing compensation that reflects the value of your loss. We work closely with families to ensure that every aspect of the wrongful death claim is handled with the care it deserves. Call our Houston office at 346-590-6665 to find out how we can help you during this time.
When Can You Sue for Wrongful Death in Texas?
According to Texas Civil Practice and Remedies Code Section 71.001 — sometimes referred to as the Texas wrongful death act — a wrongful death suit can be brought about if someone dies due to another “person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.” This is a fairly broad definition and can be used to file wrongful death claims after car accidents, commercial vehicle accidents, construction accidents, and even incidents stemming from nursing home abuse.
For example, if your vehicle is struck by a drunk driver and your spouse dies as a result, you could file a wrongful death claim against the other driver. Another potential scenario where a claim would apply might be if an employer exhibits gross negligence by ignoring safety regulations, resulting in an accident that kills a construction worker.
Under Texas law, you can file a claim for wrongful death up to two years after the fatal accident. This is an important timeframe to be aware of because once the two years pass, you forfeit your right to recover any compensation. While you don’t necessarily need to file right away, it’s important to speak with an attorney about your options as soon as possible to ensure you understand what you’ll need for a claim.
Who Is Eligible to File a Wrongful Death Claim?
Wrongful death claims are typically brought by surviving family members when a loved one is killed in a negligent or intentional act. Texas law allows immediate family members, such as a surviving spouse, child, or parent, to file wrongful death claims. A representative of the deceased’s estate may also file in some situations.
In general, anyone who is asking the courts for wrongful death compensation must be able to show that they suffered damages as a result of their loved one’s death. This is commonly related to the loss of income from a spouse or parent or the loss of other benefits they provided, such as health insurance coverage or care of the household.
What Are the Main Components of a Successful Wrongful Death Lawsuit?
A Texas wrongful death lawsuit is a type of personal injury claim, which means it must meet four criteria for the plaintiff to win:
- The defendant must have had a duty of care to the deceased
- The defendant must have breached that duty, either through negligence or direct action
- The deceased’s death was directly caused by the breach of duty
- The surviving family members suffered damages as a result
Here’s a hypothetical example to illustrate what these elements may look like in a claim.
Someone is struck by a drunk driver and killed in a car accident. Duty of care is immediately established because all drivers have a duty to safely operate their vehicles and do everything they can to avoid an accident. By driving while under the influence of alcohol, the drunk driver breaches this duty. The person dies as a result of the injuries they sustained in the crash, which establishes that the death was directly caused by the drunk driver’s actions. As a result, the deceased’s spouse and children now face financial struggles, as they can’t afford their current standard of living on one income. All four criteria have been met.
It’s important to note that your case must also establish each of these pieces by a preponderance of the evidence, which is the burden of proof for civil cases. In layman’s terms, this just means that the plaintiff must show that it is more likely than not that the defendant was responsible for the person’s death.
What Compensation Are Victims Entitled to in a Texas Wrongful Death Claim?
Wrongful death compensation cannot bring back a loved one or truly make up for their absence in your life. But it can give you the financial means you need to take time off of work to grieve and adjust to life after loss, pay off debts to better manage on a single income, or be able to move closer to family support. Examples of some of the damages that can be included in a wrongful death claim are listed below.
Funeral and Burial Expenses
The cost of a funeral and burial can be $10,000 or more. Family members can include these costs in a wrongful death suit as part of their economic damages.
Loss of Expected Income From the Deceased
If your loved one provided financially for your family, you can seek compensation for their future lost earnings. An attorney can help you calculate this value by looking at the person’s profession, current wage, and anticipated career growth.
These calculations try to take into account future raises, such as those that would be gained through promotions or cost of living adjustments. If their job provided other benefits, such as health insurance coverage, their monetary value could also be included.
Loss of Companionship, Care, and Guidance the Deceased Would Have Provided
Perhaps one of the most devastating parts of losing a loved one is the void they leave behind in your family. In Texas, surviving family members are able to include these damages in their wrongful death cases. For example, a spouse may seek compensation for loss of love and companionship, and a child may seek compensation for loss of guidance and emotional support.
Because these losses don’t come with an easily quantifiable receipt, their value is subjective. This is one reason why it’s important to work with a wrongful death attorney. They have the experience to help you value these intangible losses to increase the chances of receiving maximum compensation.
Losing a loved one is a devastating experience, and it can be even more difficult to process when that death is the result of someone else’s poor decisions. At Moises Morales Law, we consider it an honor to help families recover compensation and hold those at fault responsible. Call 346-590-6665 today to connect with an experienced wrongful death attorney.