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Losing a loved one is always difficult, but it’s even more devastating when their death was preventable. If your loved one died due to the negligence or wrongdoing of another person or company in Houston, you may have grounds to file a wrongful death claim. The experienced wrongful death lawyers at Thompson Law are here to help.
A wrongful death claim is a civil lawsuit filed by family members of the deceased against a negligent person or company responsible for causing their death.
According to Texas statutes, you must prove the death was caused by this party’s wrongful act, neglect, carelessness, unskillfulness or default. At Thompson Law, our wrongful death lawyers know how to investigate accidents and build these cases to prove liability and negligence. We handle wrongful death claims resulting from:
Under the Texas Wrongful Death Act, the following family members may be able to bring a wrongful death claim: spouse, children, parents of the deceased, and siblings. If none of these immediate family members survive, more distant relatives like grandparents could potentially file a claim.
The law aims to identify the family members who were most financially dependent on the deceased and suffered the biggest loss. An experienced wrongful death attorney can help identify the right plaintiffs with the strongest claim in each case by evaluating factors like the nature of relationships, financial dependance, and losses suffered by potential claimants.
Minor children often have the strongest claims, especially if the deceased was their primary caretaker. Surviving spouses also commonly file claims. If multiple eligible family members exist, they may be able to file together or a court can appoint a single plaintiff to represent the claim on behalf of all beneficiaries.
Our attorneys have extensive experience determining the optimal plaintiffs under the Texas Wrongful Death Act. We help families pursue the maximum compensation available in their specific circumstances.
According to recent CDC data, the most common cause of accidental or non-natural death in Houston is drug overdose and poisoning. In 2020 there were over 550 such deaths in Harris County alone. Traffic accidents rank second, with around 275 traffic accident fatalities in Houston every year.
Other major causes of accidental death include falls, drownings, homicide/assault, suicide, and pedestrian accidents. Accidental firearm deaths also contribute over 120 homicides annually in Houston. Overall, the city has higher rates of accidental fatalities compared to national averages, especially for overdoses, vehicle crashes, and gun violence.
On a statewide level, the top causes of accidental death in Texas are consistent with the trends in Houston. According to CDC data, the leading causes of unintentional injury deaths in Texas are motor vehicle crashes, unintentional poisonings (overdoses), and falls.
Traffic fatalities far exceed other causes, with 4,675 motor vehicle deaths across Texas in 2021. Of those, 1,450 occurred in Harris County. Commercial trucks like 18-wheelers and dump trucks are involved in a disproportionate share of deadly crashes due to their size and weight compared to passenger vehicles.
Beyond traffic accidents, medical negligence is another major source of wrongful death, including surgical errors, anesthesia mistakes, medication errors, and nursing home neglect or abuse cases.
Our injury law firm assists families who lose loved ones due to all types of preventable accidents and negligence in Houston and across Texas. By understanding the most common causes, we can build strong wrongful death claims and maximize compensation for grieving families.
There are two main categories of damages available in a Texas wrongful death claim:
Compensatory damages – These account for the family members’ tangible losses, which can include:
Punitive damages – If gross negligence or intentional misconduct is proven, punitive damages may be awarded to punish the defendant. This money goes to the claimants over and above compensatory damages.
Texas law allows for “survival claims” to be made in addition to a wrongful death claim after an accidental death. This allows the victim’s estate to recover compensation for:
An experienced Houston wrongful death lawyer can pursue survival damages for your loved one’s estate, while also recovering wrongful death compensation for family members. This allows for maximum recovery.
The experienced wrongful death lawyers at Thompson Law are dedicated advocates for grieving families. We know that no amount of money can bring back your loved one, but holding the negligent party accountable can provide some sense of justice. Our attorneys help clients:
At Thompson Law, our attorneys have handled hundreds of wrongful death claims and have recovered substantial verdicts and settlements for families, including:
Choosing the right legal team is important when pursuing justice for your loved one’s wrongful death. At Thompson Law, we are committed to providing compassionate support and achieving the best results for families during this challenging time. Here’s why we’re trusted by families in Houston:
At Thompson Law, we focus on securing the maximum compensation for families dealing with the loss of a loved one. From gathering evidence to negotiating with insurance companies or preparing for trial, we handle every aspect of your case so you can focus on healing.
Texas law limits the time you have to file a wrongful death claim, so don’t wait. Contact us today for a free consultation, and let our Houston wrongful death attorneys fight for the justice and support your family deserves.
If your loved one was killed in an accident in Houston that was caused by someone else’s negligence, you probably have many questions about wrongful death claims and how our attorneys can help. Here are answers to some key questions asked by families after a tragic loss:
There are many factors involved, but ultimately juries or insurance companies determine fair compensation based on evidence of damages, liability, lost future income and other losses your family suffered.
At Thompson Law, we handle wrongful death claims on a contingency fee basis. This means you pay nothing upfront. We only collect legal fees if we recover compensation for your family.
Most wrongful death claims must be filed within 2 years from the date of death, but this may be extended in some cases. Act quickly to preserve your right to recover damages.
Even if your loved one was partially at fault, you may still recover reduced damages through comparative negligence laws in Texas. Our lawyers determine liability issues.
Our attorneys thoroughly investigate accidents to gather police reports, photos, physical evidence, video footage, eyewitness statements, expert testimony and other evidence needed to prove negligence and liability.
No, Texas law typically allows only one wrongful death claim per case. Eligible family members can file a claim individually or together with other qualifying beneficiaries. The claim must be filed within two years of the date of death to be eligible for damages under the law. Once the case is resolved, the state will distribute the damages among the eligible beneficiaries.
Yes, a wrongful death claim is a civil case independent of any criminal charges. You can still file a wrongful death lawsuit even if the responsible party is facing criminal prosecution, allowing you to seek financial compensation for your family’s losses.
Texas follows a comparative negligence rule, which means you can still recover compensation even if the deceased was partially at fault. However, the amount of compensation may be reduced based on the percentage of fault assigned to the victim. Our Houston wrongful death lawyers can help assess your case and understand how shared fault might affect your claim.
In Texas, you have two years from the date of death to file a wrongful death suit. This differs from the statute of limitations for typical personal injury claims not involving death, which allows two years from the date of the accident to file a lawsuit. Our skilled wrongful death attorneys can help ensure you meet all the legal requirements and deadlines necessary. If a wrongful death lawsuit is not filed by the proper person within the time allowed by law, you will lose your right to recover monetary damages.
Knowing the applicable statutes of limitations, understanding the elements of negligence and proximate cause, and gathering evidence to establish liability are all crucial factors that can influence the outcome of a wrongful death case.
Wrongful death cases can be highly emotional and complex, making it crucial to determine who is at fault. In these cases, liability is determined by analyzing the evidence to identify who acted negligently or intentionally caused the death. This often involves investigating the circumstances leading up to the incident, such as whether the victim was in a safe environment and whether there were any contributing factors to the death. Additionally, insurance policies and state laws may also come into play when determining fault. It’s important to have a skilled attorney who can guide you through the legal process and help you receive the compensation you deserve. While nothing can bring back a loved one, accountability can bring some closure and justice for the family.
The loss of a loved one can be a devastating experience, especially when the death was caused by another person’s negligence or intentional harm. In such situations, the surviving family members may be entitled to file a wrongful death lawsuit against the responsible individual or entity. The process for filing a wrongful death lawsuit typically involves gathering evidence, hiring an attorney, filing the complaint, and going through the discovery process which involves exchanging information and evidence with the opposing party. The case may then proceed to trial or settle outside of court. It is important to remember that each state has its own laws and procedures for filing a wrongful death lawsuit, so it’s recommended to consult with an experienced attorney to help guide you through the process.
While many wrongful death cases settle out of court, anyone filing a lawsuit should prepare for the possibility of having to go to trial. A skilled wrongful death attorney can litigate on your behalf to ensure the best possible outcome for you and your family.
In Texas, damages for wrongful death can include funeral and burial expenses, loss of financial support, loss of possible inheritance, pain and suffering, and loss of society, companionship, support, and care. In some instances, punitive damages might be sought. These are damages intended to punish the guilty party and deter other parties from engaging in the same conduct.
In Texas, the surviving spouse, children, or parents can file a wrongful death claim. If no family members file, an executor of the deceased person’s estate may file. Here is a complete guide to wrongful death claims in Texas.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
