Wrongful Death Attorney in Houston, TX
Schedule a Free Consultation Following the Wrongful Death of a Loved One
Understanding Wrongful Death in Texas
Wrongful death is a type of personal injury claim in which the victim dies as a result of the negligent or wrongful act of another party. However, instead of the victim bringing the claim forth, the immediate family or executor of the deceased’s estate can seek compensation instead.
Who Can Bring a Wrongful Death Claim?
Under the Texas Wrongful Death Statute, there is a three-month time period immediately after the death in which only the parents, children, or surviving spouse can bring forth a claim. After this time period expires, the executor of the state can file a suit on behalf of the beneficiary or beneficiaries of the deceased. Siblings, grandparents, and former spouses of the deceased are typically not granted the right to file a wrongful death claim.
In the case of a negligent or malicious act that caused the death of an unborn child, only the parents are able to file a claim in cases of medical malpractice or injury to the mother that causes the death of the fetus, such as a car accident or premises liability injury. Note that this does not include legally obtained abortion.
Common Causes of Wrongful Death
- Car accidents
- Commercial truck accidents
- Premises liability injuries, such as swimming pool accidents or failing infrastructure
- Defective products
- Medical malpractice
- Death occurring during the commission of a crime, such as a burglary
Statute of Limitations
In Texas, the immediate family or executor has two years from the day of the victim’s death to file a claim and recover compensation. However, it’s important to consult with a wrongful death attorney as soon as possible in order to begin investigating the case, connect with potential witnesses, and also negotiate with the defendants to secure a claim on your behalf.
Types of Damages in Wrongful Death Cases
The types of damages awarded after losing a loved one differ somewhat from a personal injury claim. A jury may award damages for both economic reasons and non-economic reasons, including:
- Loss of income
- Loss of companionship
- Loss of inheritance
- Mental anguish
- Medical bills and funeral expenses
There are also potential punitive damages that are awarded in particularly grievous cases of negligence. These are designed to specifically punish the defendant with high financial penalties.
In addition to the wrongful death claim, as a legal heir, you may file an action on behalf of your loved one for damages incurred prior to his or her death. This may include hospital, medical, emergency room, and medication expenses, as well as lost income and the pain and suffering endured prior to death. In some instances, the wrongful death and survival claims are joined.
Why Choose the Ivey Law Firm as Your Wrongful Death Attorneys
Led by Attorney Jack Todd Ivey, the Ivey Law Firm, P.C. is dedicated to fighting for justice and holding negligent parties accountable for their actions. We strive to achieve fair settlements for our clients, and when a settlement can’t be obtained, we won’t hesitate to take your case to a jury to secure the damages you deserve.
We understand how overwhelming it can be to navigate the legal process, especially when mourning the loss of a loved one, and that’s why we’re with you every step of the way, making sure you’re treated with the respect and compassion you deserve.
Schedule a Free Consultation with a Wrongful Death Attorney in Houston
If you’ve lost a loved one due to someone else’s negligence or malicious acts, we are on your side. Reach out to The Ivey Law Firm and speak with a wrongful death lawyer in Houston today to discuss your case in a free consultation. Call 888-335-0015 or fill out the form below to get started.
Contact Our Experienced Wrongful Death Attorneys in Houston