Houston Wrongful Death Attorney

The sudden loss of a loved one is one of the most devastating experiences anyone can face.

When that loss is caused by the negligent actions or misconduct of another person, the pain is magnified by a sense of injustice. In such cases, family members may have the right to file a wrongful death lawsuit to seek compensation for their emotional and financial losses. This is when you need the help of a Houston wrongful death lawyer.

Surviving spouses, children, parents, and others often seek legal advice and support after these sudden losses because they want to hold the responsible parties accountable.

This is especially true when this incident has forever deprived them of a loved one’s companionship or counsel, left their estate owing exorbitant final bills, took away the main contributor to their household’s income, and so much more with little to no notice.

At Barrera Law Group LLC, we serve Houston and residents in the surrounding communities. And our work together begins with a free, no-risk, no-obligation consultation. So, contact us to schedule that confidential meeting with one of our attorneys today.

What Qualifies as a Wrongful Death?

The definition that dictates whether a person’s passing is wrongful is explained in Texas Civil Practice and Remedies Code Chapter 71.

The Texas Wrongful Death Act explains that a fatality must arise from a “wrongful act, neglect, carelessness, unskillfulness, or default” to meet the state statute.

When someone dies in an accident, it may be deemed “wrongful” if it can be proven that the accident and resulting death may have been avoided if the perpetrator (the one who caused the harm leading to a person’s demise) had acted differently.

This is why many types of accidents or incidents can lead close relatives of the decedent to file a wrongful death lawsuit, including:

• Premises liability, such as dog bites, slips and falls, and negligent security scenarios
• Motor vehicle accidents, which can include motorcycle crashes, accidents involving pedestrians, and tractor-trailer collisions
• Product liability incidents, like defective drugs or dangerous consumer goods, including kids’ toys
• Medical malpractice, including negligence in administering anesthesia, medication, or committing surgical errors
• Workplace accidents, such as falls, struck-by injuries, burns, or toxic exposure
• Nursing home abuse and neglect

Recoverable Damages

A wrongful death legal action can be initiated to help a surviving spouse, children, and/or parents of the deceased recover damages. It also states that grandparents, siblings, cousins, and romantic partners are not entitled to compensation for their loss.

Surviving family members may be eligible to recover compensation for:

• Medical expenses for the medical costs related to the deceased’s injury or illness.
• Funeral and burial costs incurred for the unexpected funeral services and burial.
• Loss of financial contributions often includes the income your loved one would have provided to the family.
• Loss of love, companionship, and comfort are the emotional losses family members suffer.
• Physical pain and mental anguish compensation addresses the suffering experienced by the deceased before death.

In some cases, punitive damages are also awarded. These monetary awards punish the defendant’s egregious and reckless behavior. However, they are not always awarded.

Filing a Wrongful Death Lawsuit in Houston

The decedent’s surviving family members, or that person’s personal representative (i.e., an estate administrator), can file suit for a wrongful death. Here are a few ways that they can proceed with the action.

• Spouses: The right to file suit applies to spouses, even if they were separated at the time the incident occurred or remarried soon after the death. These rights also extend to those individuals involved in common-law marriages.
• Children: A surviving child’s right to bring a wrongful death case applies to both biological and adopted children, even if they are adults.
• Parents: Expecting, biological, and adoptive parents are all eligible to bring a wrongful death lawsuit in Texas. Stepparents, however, are typically unable to do so.

A decedent’s personal representative, either the person selected by the victim or appointed by a Harris County Probate Court judge, can also file a wrongful death lawsuit; however, they generally only have three months from the decedent’s passing to do so, and only if no immediate family members intend to take legal action. Reach out to our Houston wrongful death lawyer to find out how we can assist with your claim.

What a Houston Wrongful Death Lawyer Can Do for You

From your initial consultation with a lawyer or law firm, even before you establish an attorney-client relationship with them, you’ll want to know what Texas laws are pertinent to your case and your rights.

Executing a successful case will include:

• Build your case: This begins with us securing any records necessary to establish liability and document any losses you’ve sustained. When necessary, it can also include bringing in outside experts, such as accident reconstructionists or specially trained healthcare professionals or engineers, to identify exactly how the negligence occurred and how it caused the fatal injuries that claimed your loved one. This case building can also include getting the insurance information from the liable party’s insurance representative, including their limits of coverage.
• Negotiate an out-of-court settlement: Following a death, insurers will try to negotiate a lower settlement when their insured’s liability is clear. In other cases, if they deny liability, you’ll need your lawyer to prepare a demand letter explaining how the other party breached their duty of care and caused their client’s fatal injuries. This will include details describing your or other surviving family members’ losses. All of this will be remitted to the insurance adjuster for consideration.
• Litigate your case: If a reasonable settlement can’t be reached, or if the at-fault party’s insurance company denies liability for what happened or is unwilling to offer maximum compensation for what you’ve been through, it may be necessary to try the case in front of a judge or jury in a courtroom. While this doesn’t happen often, your attorney will need to be a skilled litigator who can, if necessary, pursue justice on your behalf in court.

Preparing for Your Meeting

While it can be challenging to think about much of anything following the death of a loved one, it can be vital for you to gather the following documents and bring them with you to your first meeting with your lawyer.

Having this information on hand right from the start allows them to better assess the merits of your case and how much compensation you may be able to recover by taking legal action.

If you can, bring the following documents with you. If not, your attorney should be able to secure them for you after being hired:

• The police or incident report in the case
• Contact information and statements, if applicable, for any eyewitnesses to the incident
• Any photographs or videos from the scene of the deadly injury incident showing what caused your family member’s fatality
• Pre-incident and end-of-life medical records for the decedent
• Your family member’s death certificate
• The coroner’s report (if an autopsy was performed)
• Pay stubs, tax documents, and any other financial records demonstrating your loved one’s earnings, investments, savings, etc.

You must act fast when building a wrongful death case, and it gives your lawyer the best chance of preserving the evidence needed and getting witness statements while memories are still fresh. These can be key to building a strong argument on your behalf.

Barrera Law Group LLC Is Here for You During This Difficult Time

We know the trauma and turmoil that you are experiencing at this time. No one wants to deal with the death of a loved one. However, we are here to help you get justice and compensation for this unimaginable loss.

Barrera Law Group LLC is ready to offer our assistance throughout this process.

Contact us today to schedule a free consultation, and we’ll connect you with our experienced Houston wrongful death lawyer to discuss your right to seek maximum compensation in your case.