Houston, Texas Wrongful Death Attorney

When You Lose A Loved One Because Of Negligence, We’ll Stand Up For You

Call Leeds Law Firm, PLLC at 713-322-9626 to schedule a consultation with a lawyer today.

What Are The Common Causes Of Wrongful Death In Houston?

Houston is a bustling city with a growing population, which unfortunately means that accidents resulting in wrongful death can occur. There are several common causes of wrongful death in Houston and understanding these common causes can help individuals and families take steps to prevent these tragedies from occurring and seek justice when they do occur.

Some of the most common types of accidents that result in wrongful death include:

• Premises Liability
• Product Liability
• Car Accidents 
• 18-Wheeler Collisions
• Motorcycle Accidents
• Occupational Accidents
• Maritime and Offshore Accidents
• Airplane Accidents
• Medical Malpractice

The death of a loved one can be devastating, especially when it was caused by someone else’s actions. Don’t let the responsible party get away with causing your loved one’s wrongful death. Contact us today to discuss your case with our Houston wrongful death attorney.

Who Can File A Wrongful Death Claim?

The laws of each state determine which surviving relatives have the legal right to file a claim for wrongful death. In Houston, a wrongful death claim can typically be filed by the surviving family members of the deceased, such as

• The surviving spouse
• The surviving children, even if they are adults
• Surviving parents
• Surviving parents of an unborn child

These individuals are often referred to as the “real parties in interest” in a wrongful death claim. They each have the option of bringing a wrongful death claim on their own, or one person may do so on their behalf. The personal representative of the decedent’s estate may file the wrongful death claim if none of the qualified survivors do so within three months of the death of their loved one. It is important to note that Texas law has specific requirements for who can file a wrongful death claim and when the claim must be filed. For example, a wrongful death claim must be filed within two years of the date of the deceased’s death. Additionally, if the deceased had a will, the executor of the estate may need to be involved in the claim. Texas does not also permit siblings to bring a wrongful death claim, unlike some other states.

If you have lost a loved one due to someone else’s negligence, it is important to speak with a Houston wrongful death attorney as soon as possible to determine your rights and options for seeking compensation.

Who Can Be Held Liable In A Houston Wrongful Death Lawsuit?

In a wrongful death lawsuit, various parties can be held liable, depending on the circumstances that led to the victim’s death. Here are some examples of potentially liable parties:

• Drivers of motor vehicles who cause accidents
• Manufacturers who produce substandard goods
• Owners who allow hazardous conditions to exist are liable
• Nursing home administrators and employees who abuse residents
• Doctors and other healthcare professionals who harm patients
• Employers who disregard workplace safety
• Government agencies when negligence results in fatalities
• Persons who commit intentional acts of violence

Don’t wait to seek legal representation if you have lost a loved one in Houston. Contact our wrongful death attorneys today to discuss your case.

How To Prove Negligence In A Wrongful Death Claim In Houston?

Proving negligence in a wrongful death claim can be complex and requires a thorough investigation of the facts and evidence. It is important to work with a Houston TX wrongful death lawyer who can help you build a strong case and seek the compensation you deserve.

Even though there are countless situations and causes that could lead to a wrongful death lawsuit, the following elements of negligence must be met in order to pursue damages:

1. Duty of Care: The first step in proving negligence is establishing that the defendant had a legal duty of care to the deceased. For example, a driver has a duty to follow traffic laws and drive safely to avoid causing harm to others on the road.
2. Breach of Duty: The next step is demonstrating that the defendant breached their duty of care. This means showing that the defendant’s actions or inactions fell short of what a reasonable person would do in similar circumstances. For example, if a driver was texting while driving and caused a fatal car accident, they breached their duty of care.
3. Causation: In a wrongful death claim, the plaintiff must also establish a causal connection between the defendant’s breach of duty and the deceased’s death. This means showing that the defendant’s actions or inactions were a direct cause of your loved one’s death.
4. Damages: Finally, the plaintiff must demonstrate that they have suffered damages as a result of the deceased’s death. This can include economic damages such as medical expenses and lost income, as well as non-economic damages such as pain and suffering and loss of companionship.

Our Houston wrongful death attorneys understand the emotional and financial toll that the loss of a loved one can take on a family. Let Leeds Law Firm fight for your rights and help you seek justice. Give us a call right away!

How Much Compensation Can Our Houston Wrongful Death Attorney Get For You?

The loss of a loved one is likely the worst tragedy a family can experience. When their death was caused by the negligence or malice of a third party, the impact on surviving family members is intensified. You are left with the knowledge that your loved one might still be alive if not for the wrongdoing of someone else. In addition to the devastating emotional effects, your family may also experience severe financial hardship. This is especially true if the deceased was your family’s provider.

Wrongful death claims seek to recover damages for the losses or damages suffered by people when a family member dies. Damages include all economic and noneconomic losses. What damages apply to your case will determine how much compensation you can receive. Your damages may include the following, depending on the facts of your wrongful death case:

• Medical expenses covering your loved one’s injuries before they died
• Funeral and burial expenses
• Pain and suffering
• Emotional stress and mental anguish
• Loss of benefits from your family member, such as health insurance
• Loss of the deceased’s income and future earning capacity
• Loss of companionship, love, and comfort
• Loss of services your loved one performed, such as childcare, home maintenance, support, advice, and guidance
• Loss of future inheritance

Punitive damages may also be sought in some circumstances, especially when there has been gross negligence. In Texas, punitive damages, also known as “exemplary damages,” are meant to punish at-fault parties and deter them from acting in the same way again.

You can better understand the damages you and other survivors may be entitled to based on the specifics of your case with the assistance of our Houston wrongful death attorney at Leeds Law Firm. To schedule your initial consultation, do not hesitate to contact us today.

What Is A Survival Claim And How Is It Different From A Wrongful Death Claim?

A survival claim and a wrongful death claim are two different legal actions that can arise from the death of a person due to the negligent, reckless, or intentional actions of another. While both claims are related to a person’s death, they have different legal purposes and requirements. The objective of a wrongful death lawsuit is to hold the negligent person or company accountable, to prevent similar dangerous behavior from injuring or killing others in the future, and to compensate surviving family members for the emotional and financial losses they’ve suffered as a result of their loved one’s death.

A survival action, on the other hand, is not the same. Surviving family members file survival claims to recover damages for any pain and suffering the decedent experienced in the minutes, hours, or days preceding his or her death. These pre-death suffering damages are intended to compensate the decedent for his or her pain, fear, and suffering in the final moments of life.

In other words, a wrongful death claim is focused on compensating the surviving family members for their own losses, while a survival claim is focused on compensating the victim for the harm they suffered before their death. If you have questions if you can file for both claims or not or if there are other options available for your family, seek legal advice from our wrongful death lawyer immediately.

What Is The Statute Of Limitations For Filing Wrongful Death Lawsuits In Houston TX?

There are two due dates to keep in mind. In accordance with Texas law, the surviving spouse, children, and parents of a wrongful death victim have three months to file a lawsuit against those responsible for the death. During this time, they have the exclusive right to file a lawsuit. Following the expiration of the three-month period, the estate executor may file the claim.

Second, a two-year statute of limitations commences from the date of the death due to negligence. During this period, beneficiaries or the estate must file a lawsuit, or the cause of action will be lost forever. The surviving spouse, children, parents, and estate have the right to file a wrongful death lawsuit between the 90th day after the decedent’s death and the expiration of the two-year statute of limitations.

However, there are certain exceptions that can extend or shorten the statute of limitations period. For instance, if the death was caused by medical malpractice, the statute of limitations may be extended to two years from the date the malpractice was discovered or should have been discovered, but not more than ten years from the date of the injury. It is important to consult with a wrongful death attorney in Houston to understand the specific statute of limitations that applies to your case. Failing to file a lawsuit within the required time frame can result in the case being dismissed, regardless of the strength of the evidence or the severity of the harm suffered.

Call our Qualified Houston Wrongful Death Attorney Now!

The shock and grief that surviving family members experience in the aftermath of a wrongful death can leave you vulnerable and exhausted, making it difficult to navigate your legal options. Before you sign or agree to anything, you must immediately contact a wrongful death law firm in Houston. Successfully proving negligence and fault in a wrongful death case requires careful investigation and reliable evidence, both of which are easier to obtain when you have strong legal representation.

You don’t have to face this difficult time alone. Leeds Law Firm is here to provide compassionate and effective legal representation to help you seek justice and compensation for your losses. We understand that no amount of money can ever bring back your loved one, but we believe that holding the responsible party accountable can help prevent similar tragedies from occurring in the future.