Houston Wrongful Death Lawyer
A wrongful death lawyer is a attorney who fights to help the families get justice after a loved one is wrongfully taken from them. Call Rose Sanders Law Firm for a free consultation at 713-231-9288.
If your spouse, parent, or child has been killed and you suspect that their death was the unnecessary consequence of someone else’s negligence, you should consult a wrongful death attorney to look into the circumstances as soon as possible.
We understand that you are grieving a precious loss. However, you need to be aware that the sooner you give a Houston wrongful death lawyer the opportunity to start investigating why your loved one was killed and the underlying facts and circumstances that led to their wrongful death, the more likely we are to be able to uncover the truth before the responsible parties can hide the truth,
At Rose Sanders Law Firm we have helped the heirs and loved ones of victims of numerous wrongful deaths uncover the truth about their death and obtain a recovery to help offset the past and future costs and income loss associated with their loss. Call for a free consultation today at 713-231-9288
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a claim brought against a person or corporation who has negligently caused the death of a person. It can involve any type of negligent conduct from misuse of a motor vehicle to on the job accidents to dog attacks. Certain heirs, relatives, and representatives have a right under the law to bring a claim against the negligent individual.
Why Should I Hire a Houston Wrongful Death Attorney?
Hiring a Houston wrongful death attorney after someone has negligently caused the death of a loved one can not only help provide compensation for the loss and for future needs, but it can also provide closure for the family. Often the biggest question is “why?” Furthermore, bringing a wrongful death lawsuit is a means by which a negligent corporate actor can be taught a lesson so as not to injure others in the future.
Who Can Make a Wrongful Death Claim in Texas?
Parents, children, and surviving spouses have the right to bring a claim for wrongful death in Texas. A three-month window exists under the Texas Wrongful Death Statute wherein only surviving children, parents, and spouses can file a wrongful death suit following a loved one’s death in Texas. If after the three months is up, none of the above persons have filed a wrongful death in the decedent’s name, the executor of the estate (who may be an unfamiliar appointee of the Courts) can then file a suit on behalf of the beneficiaries (spouse, children, and dependents). Additionally, the decedent’s estate has the right to bring a survival cause of action for the personal suffering of the decedent. Consulting an accidental death attorney can help make this process simple and effective.
Other Relatives and Former Spouses
Brothers, sisters, aunts, uncles, cousins, and former spouses of the deceased are not granted a cause of action by the Texas Wrongful Death Statute. (Siblings are granted a cause of action under some other State’s wrongful death statutes.) Under Texas common law, there was no claim for the wrongful death of another. Thus, those not specifically given rights under the statute have none. However, some of these persons may qualify as heirs to the estate for purposes of survival action. Our Houston wrongful death attorneys can help you understand this further.
Do Parents Have Claims for Unborn Children?
The parents of an unborn child are specifically included under the protection of the wrongful death statute and thus, may bring an action for an unborn fetus that dies or fails to be born due to the negligence of another. It does not, however, allow anyone to bring a claim against the mother of the unborn child or against a physician under the following circumstances:
1) if the death is the intended result of a lawful medical procedure performed by the physician or health care provider with the requisite consent;
2) a person who dispenses or administers a drug in accordance with the law, if the death is the result of the dispensation or administration of the drug; or
3) a physician or other health care provider licensed in this state, if the death directly or indirectly is caused by, associated with, arises out of, or relates to a lawful medical or health care practice or procedure of the physician or the health care provider.
The exclusions 1-3 above prevent lawsuits for fetus deaths caused by legally-obtained abortions against the mother of the child or the doctor.
Claims for unborn children may be brought when a pregnant mother is in an accident, whether it be a truck accident, auto accident, slip and fall accident, or medical malpractice. The right to bring the wrongful death claim belongs to the fetus’ mother and father alone.
What is the Deadline To Bring a Wrongful Death Claim in Houston, Texas?
There are two deadlines to be aware of. Texas Law gives the surviving spouse, children, and parents of a wrongful death victim, a three-month window in which to bring a cause of action against those who are responsible for the accidental death. During this period, they and they alone have the right to bring a lawsuit. After the three-month window, the executor of the estate may bring the claim.
Second, a two-year statute of limitations begins to run from the date of the wrongful death. A lawsuit must be filed by some of the beneficiaries or the estate during this time or the cause of action is forever lost. The surviving spouse, children, parents, and the estate all have a right to file a wrongful death lawsuit from the 90th day after the death up until the two-year statute of limitations runs.
What Damages Can a Texas Wrongful Death Lawyer Pursue?
There exists a wide array of damages that may be sought in a wrongful death claim. Wrongful death beneficiaries may seek all the damages of a normal personal injury lawsuit plus damages to the estate, the familial relationship, and directly to the immediate family members.
Some of those damages include:
- Loss of Earning Capacity – money that the decedent would have reasonably been expected to earn and provide as a means of support to the beneficiaries
- Loss of Household Services – the reasonable value of the services such as chores and assistance that the decedent would have provided to the family had he not been killed
- Loss of Society & Companionship – the reasonable value of the loss of the love, counsel, and emotional support the decedent would have provided to the family
- Mental Anguish – the value of the suffering and anguish you have endured due to the loss of a loved one
- Loss of Inheritance – the value of the assets you would have reasonably have anticipated receiving had the loved one lived a full life and passed those things on
Additionally, you are entitled to seek punitive/exemplary damages if the wrongful death is caused by the willful act or omission or the gross negligence of the defendant.
Furthermore, the estate has the right to bring a survival action.
What Does a Houston Wrongful Death Attorney Cost?
A Houston wrongful death attorney can be retained on a contingency fee contract so that it costs you nothing unless the attorney wins your case. Call Rose Sanders Law Firm. for a free consultation to learn more at 713-231-9288.
Accidental Death Attorney to Serve You
At Rose Sanders Law Firm, we understand that the loss of a loved one is catastrophic. We have been helping families and estates of victims recover from the loss of loved ones and we would be honored if you give us the opportunity to represent you. Our accidental death attorneys travel across the State of Texas to handle these types of claims and we have even sought and obtained court permission to represent wrongful death victims in other states on some occasions.
Our office is in Houston, Texas. We are conveniently located in Greenway Plaza. Give us a call and let us explain your rights to you. The initial consultation is always free and you don’t pay a dime unless we make a recovery on your behalf. Call us now at 713-231-9288.