Wrongful Death Attorneys in Houston, Texas
The unexpected death of a family member can be extremely heartbreaking, especially when it resulted from preventable circumstances. Unfortunately, negligent acts like reckless driving lead to thousands of deaths per year. According to statistics from the Texas Motor Vehicle Traffic Crash Facts, there were 4,489 motor vehicle traffic fatalities statewide in 2021.
If you have lost a loved one to another person's negligent or wrongful act, you may be entitled to pursue damages by filing a wrongful death claim or lawsuit. At Ellis & Thomas, PLLC, we understand how difficult losing someone close to you can be. Our compassionate personal injury attorneys are poised and ready to help you hold the responsible party accountable. As your legal counsel, we will protect your rights during this difficult time and help you pursue the financial justice you need to recover from your loss.
Our wrongful death attorneys proudly represent clients across Houston, Texas, and the surrounding communities of Brazoria County, Montgomery County, and Harris County.
Why File a Wrongful Death Claim?
A wrongful death claim is a civil action that is often brought against another person whose negligent or wrongful actions cause someone else's death. Here are some reasons to bring a wrongful death claim:
Seek Justice for Survivors: Filing a wrongful death action allows the decedent's surviving family members to pursue justice for their untimely loss. Also, this can serve as an avenue to hold the negligent party accountable for their careless or wrongful actions.
Pursue Financial Compensation: However, the death of a family member can result in a financial burden on the surviving loved ones. Fortunately, filing a wrongful death action allows the survivors to recover reasonable financial support and boost to cover funeral or burial expenses, outstanding medical bills, and lost income.
Serve as Deterrence: In addition, filing a wrongful death claim can help hold the at-fault party liable and prevent such an unfortunate event from happening to other individuals or families. Also, this will warn others about the potential implications of their careless actions.
Although, there is no amount of monetary compensation that can bring back the dead person. Regardless, the surviving family members of the decedent may be able to seek justice and a much-needed financial boost after such an untimely death – through a wrongful death claim.
What Constitutes Wrongful Death in Texas?
Wrongful death can be described as a preventable death caused by the carelessness, negligence, or wrongful actions of another person. According to Texas law, a person may be held responsible for damages arising from an injury which results in a person's death if the injury was caused by the person's "wrongful act, carelessness, neglect, unskillfulness, or default."
Statute of Limitation for Filing
The statute of limitation for wrongful death cases in Texas is two (2) years of the victim's death. This means that you must file a wrongful death action within two years from the date the decedent died.
Who Can File a Wrongful Death Claim in Texas?
In Texas, any of the following individuals may be entitled to bring a wrongful death claim:
The surviving spouse of the deceased person.
The surviving parents of the decedent.
The surviving children of the deceased person
An adopted child (if the adoption was legal and successful).
The personal representative of the decedent's estate after three calendar months of the demise.
If you have lost a family member to someone else's negligent or wrongful actions, you need to reach out to a seasoned personal injury lawyer right away. Your legal counsel can fully explain what constitutes a wrongful death claim and guide you through the required steps to recover damages.
What Needs to Be Proven to Constitute Wrongful Death?
To prove liability in a wrongful death claim, the claimant must show the following:
The at-fault party owed a legal duty of care to the decedent.
The at-fault party breached the expected duty of care
A death occurred
The at-fault party's negligence or wrongful actions caused the victim's death.
The surviving loved ones of the deceased person suffered actual damages due to the death.
An experienced Texas wrongful death attorney can help file your claim, seek to establish liability, and pursue your rightful financial compensation.
The following damages are available to claimants in a Texas wrongful death claim:
Medical expenses accumulated before the victim's death
Lost income and other benefits
Burial or funeral expenses
Loss of counsel, care, support, or guidance
Lost household services
Loss of consortium
Lost earning capacity
Loss of companionship or love
Exemplary or punitive damages to serve as additional punishment for the at-fault party's gross misconduct or negligence.
A strategic attorney can advocate for your legal rights and attempt to recover the maximum possible damages for your loss.
Work With a Knowledgeable Personal Injury Attorney
The death of a loved one can be overwhelming and can affect you mentally, financially, and emotionally. Fortunately, Texas wrongful death statutes allow surviving family members to pursue damages and hold the negligent parties liable.
At Ellis & Thomas, PLLC, we're dedicated to offering personalized legal counsel and compassionate representation to clients in their wrongful death cases. If you have lost a family member in a negligent accident, reach out to us today to start seeking justice for your loved one and pursue the financial compensation you deserve.
Wrongful Death Attorneys in Houston, Texas
If you have lost a parent, family member, child, or spouse to another person's wrongful act, you may recover damages. Contact us at Ellis & Thomas, PLLC, today to schedule an initial case assessment. Our reliable legal team can guide you through the often-complex wrongful death claims process. We proudly serve clients throughout Houston, Brazoria County, Montgomery County, and Fort Bend County, Texas.