Experienced Wrongful Death Lawyers
Having represented hundreds of families who have lost loved ones across Texas and the United States, we understand that a lawsuit is never a substitute for the loss of a loved one. But in the civil justice system, lawsuits remain the only means of both ensuring that negligent and reckless parties are held responsible and that the decedent’s family has a financially secure future
When we’re hired in a wrongful death case, our focus is on (1) ensuring that the negligent or reckless party is held accountable, and (2) providing our client with the financial resources to permanently provide for their families in their loved one’s absence.
We not only achieve these goals, but we often set records doing so. In just the past 5 years alone, for example, our Wrongful Death Lawyers have:
- won over $750 million in settlements and verdicts on behalf of families whose loved ones were tragically killed in refinery and other workplace accidents, truck accidents, bus crashes, and other catastrophic accidents
- recovered the #1 Largest Accident Verdict and 3 of the largest settlements in Texas, and
- obtained the largest verdicts and settlements in our opponent’s corporate histories in every major case we’ve handled
Our Wrongful Death Lawyers will devote whatever resources to ensuring that you and your family receive the maximum damages possible, guide you through the most difficult times, and do everything we can to make this time easier for you and your loved ones.
Undefeated at Trial and Over $750 Million Won for Wrongful Death Victims: Call 1-888-603-3636 or Click Here for a Free Consultation
What is a wrongful death claim?
Wrongful death claims allow surviving family members to hold the negligent defendants who caused their loved one’s death, and their insurers, legally accountable for their actions. Through a wrongful death lawsuit, survivors can fight for—and recover—the money necessary to regain financial security and account for future losses.
Wrongful deaths occur when a person’s, or a company’s, carelessness or recklessness causes the death of another person. Almost any type of personal injury accident can result in a wrongful death claim. Some examples include:
- Car accidents
- Truck accidents
- Motorcycle wrecks
- Slips and falls
- Dangerous or defective product accidents
- On-the-job accidents
- Plant or refinery explosions
- Dog bites
- Medical malpractice
- Oil rig or other offshore accidents
Who can file a wrongful death claim and when does it have to be filed?
In most states, the surviving spouses, children, and parents are permitted, by state statute, to file wrongful death claims. If, however, the decedent didn’t have children or wasn’t married at the time of death, the lawsuit can be filed by other family members or the estate itself, through the Executor or Administrator.
If the family members do not individually file wrongful death claims within 90 days of the decedent’s death, the executor of the estate is REQUIRED to file suit on behalf of the decedent’s spouse, children, parents and other family members.
What types of damages can I recover?
When a spouse, parent, or other family member dies unexpectedly, the decedent’s family is often left with debts that they didn’t know existed and financial obligations they may not be able to satisfy. This is especially true when the decedent was the primary breadwinner, and his or her salary was used to pay the mortgage, provide for the children, pay tuitions, and cover utilities, car payments, health insurance and other expenses.
Money may seem like little consolation for losing a loved one, but it can quickly add tremendous stress to what’s already the most difficult time of your life.
A wrongful death suit is often the only way families can hold at-fault parties responsible for their loved one’s death and ensure that they’re able to move forward, financially, in their loved one’s absence.
Under Texas law, wrongful death victims are entitled to recover economic and “non economic damages,” which include the following:
- Loss of income and future earning capacity
- Loss of household services and assistance
- Loss of society, companionship, and other relationship-based losses
- Loss of inheritance
- Mental anguish and emotional distress suffered by family members
In cases involved egregious or “grossly negligent” conduct, the family is also entitled to recover punitive damages, which are designed to punish the wrongdoer for their conduct and help deter similar conduct from occurring in the future.
While most lawyers never recover them in their entire career, our lawyers have recovered punitive damages in 4 of the past 5 cases we’ve taken to trial
Contact Our Wrongful Death Lawyers for a Free Consultation at 1-888-603-3636 or by Clicking Here
What is a survival action? How is it different from a wrongful death claim?
The purpose of a wrongful death action is to compensate the surviving family members for their losses. A survival action, meanwhile, is a personal injury claim filed by the estate of the victim—on behalf of the victim himself or herself—after the victim’s death. While this may also benefit the deceased’s surviving family, the available damages and the process to distribute them are different.
The compensation available through a survival action should cover:
- Medical care provided to the victim
- Funeral costs
- Burial costs
- Lost wages from the date of the accident until death
- Pain and suffering of the victim
The court awards compensation from a survival action to the victim’s estate. The victim’s will or other estate documents determine how to distribute the estate, including any settlement recovered in a survival action. Beneficiaries can receive compensation from both a wrongful death claim and a survival action, so be sure to contact a lawyer immediately to determine the compensation to which you are entitled.
How can I prove the other party was negligent in causing my loved one’s death?
Like other personal injury cases, to win a wrongful death case, it is necessary to show the other party did something — or failed to do something — that led to your family member’s death. There are four steps to proving negligence:
- Demonstrate the party had a duty to keep the victim safe, or at least a duty to not cause undue harm
- Prove the party failed to do so, whether through action or inaction (i.e., was negligent)
- Prove the other party’s negligence caused the victim’s injuries and ultimately his or her death
- Establish financial, emotional, or other exemplary damages due to the death of the victim
Depending on the unique circumstances of your case, you can use many different types of evidence to prove the responsible party’s negligence as well as your damages. These include:
- Medical records
- Autopsy reports
- Police reports
- Witness statements
- Documentation from the scene
- Accident reconstruction
- Pay stubs
- Medical bills
- Tax returns
Experienced and Undefeated Wrongful Death Lawyers: Call 1-888-603-3636 or Click Here for a Free Consult
If you’ve lost a spouse, child, parent, or other loved one as a result of someone else’s careless or recklessness, contact our Experienced Wrongful Death Attorneys for a free consultation at 1-888-603-3636 or by Clicking Here.