Losing a loved one is a difficult part of life. Losing someone because of another person’s negligence is all the more excruciating. Whether the death was a result of a car accident, workplace accident, dog attack, or nursing home neglect, you need a wrongful death lawyer in Houston on your side.
Hiring an experienced Houston personal injury lawyer is the best way to seek justice and fair compensation. At Haque Law, we’ve recovered tens of millions for past clients, and we want to help you pursue the financial resources you need to cover funeral expenses, medical bills, and other costs.
Why Choose Haque Law as Your Houston Wrongful Death Lawyers?
When your family is grieving the loss of a loved one due to negligence, you need more than just legal representation; you need a team that understands the stakes and fights with compassion and experience.
At Haque Law, our Houston wrongful death lawyers are committed to helping families across Texas seek justice and accountability. Here’s why families turn to Haque Law during the most difficult times:
- Tens of millions recovered: We’ve helped clients secure substantial compensation in wrongful death and personal injury cases across Texas.
- Over 80 years of combined experience: Our legal team brings decades of focused experience handling complicated wrongful death claims with care and precision.
- Responsive, in-house intake team: When you contact us, you’ll speak directly to a knowledgeable member of our staff, never a third-party service.
- Real people answering your call: You’ll always speak to a person who understands the emotional and legal challenges you’re facing, not an automated system.
- Free consultations: We offer a no-cost, no-obligation consultation so you can get the information and support you need to take the next step in your wrongful death case with confidence.
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Elements of a Wrongful Death Claim
A wrongful death case arises under Texas law when a person’s negligence, recklessness, or intentional actions lead to the death of another. To establish a wrongful death claim, two key elements must be present:
- A person has died.
- That death was directly caused by another party’s negligence or wrongful conduct.
The best way to determine if you have a valid claim is to speak with a wrongful death lawyer who regularly handles these personal injury cases. An experienced attorney will thoroughly examine the circumstances, gathering evidence such as medical records, accident reports, witness statements, and expert testimony.
Wrongful Death vs. Criminal Homicide
Unlike criminal proceedings, wrongful death cases are filed in civil court. Even if the responsible party didn’t mean to cause harm, they may still be held accountable under civil liability rules. Many Houston wrongful death attorneys focus on these claims to help families pursue justice, even when no criminal charges are filed.
Wrongful death cases also operate on a different standard of evidence than homicide cases. Criminal homicide cases use a “beyond a reasonable doubt” standard to secure convictions. The civil system instead uses a lower preponderance of evidence standard.
This means that in a Texas wrongful death lawsuit, you only need to show it’s more likely than not that the negligent party caused the death. A lawyer can handle investigating the cause of death to connect liability to the negligent party.
Houston Wrongful Death Lawyer Near Me (281) 417-8311
Common Causes of Wrongful Death in Texas
Most often, a wrongful death is caused by one of the following:
- Motor vehicle accidents. Motor vehicle accidents are likely the single largest cause of accidental death, many of which are due to driver negligence. Distracted driving, drunk driving, and speeding can all cause fatal accidents.
- Truck accidents. Truck accidents are significantly more likely to cause death than typical motor vehicle accidents due to the size and weights involved.
- Construction accidents. Construction is one of the most dangerous professions, and construction workers are at a high risk of injury and death from falls, equipment malfunctions, or electrocutions.
- Medical malpractice. Errors in medical care can cause accidental injuries, like giving the wrong medication or making surgical errors. Patients can also develop fatal hospital-acquired infections due to poor sanitation.
- Boating accidents. Boating accidents can happen due to operator negligence or defective boating products, like lifejackets. Many fatal boating accidents result in drowning.
- Defective medical devices and drugs. Defective medical devices, such as pacemakers, dialysis machines, and insulin pumps, can all cause death. Pharmaceutical products and drugs can also be defective and cause death.
- Pedestrian accidents. Pedestrian accidents frequently cause death as the impact force between a vehicle and a pedestrian is often fatal, especially when drivers are speeding or intoxicated.
- Nursing homes (neglect or abuse). Nursing homes that don’t provide adequate care or have insufficient staff can be liable for the deaths of residents.
- Bicycle accidents. Similar to pedestrian accidents, bicycle accidents are often fatal because of the lack of safety features like airbags or seatbelts.
- Slips and falls. A bad fall can cause death or fatal injuries, including head injuries. Falling injuries are much more likely to be fatal in seniors compared to others.
- Defective products.
Typically, liability is present in these events. It could be a negligent property owner, a careless driver, or even a corporation responsible for a defective product.
Whether it’s a car accident, a workplace incident, or another form of personal injury, your Houston wrongful death lawyer will trace the claim back to the source of the fatality and determine whether punitive damages or other types of compensation apply.
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Wrongful Death Damages
Although you may not want to think about money during this time of grief, wrongful death can result in significant financial strain. The medical expenses, funeral and burial costs, and loss of earning capacity are real burdens that affect your future stability.
An experienced personal injury lawyer will pursue compensation for a range of economic and non-economic damages, which may include:
- Final medical bills and medical expenses
- Funeral costs and burial expenses
- Loss of future income, retirement, and benefits
- Loss of companionship, guidance, and support
- Mental anguish and emotional trauma
- Loss of inheritance
In some cases, additional punitive damages may be awarded if the conduct was especially reckless or egregious, such as in drunk driving accidents or intentional misconduct. These are different from compensatory damages and are meant to punish the offender.
Texas doesn’t cap non-economic compensation in general cases. However, there are caps on non-economic damages for deaths due to medical malpractice. Your attorney will take time to understand how this loss has affected you and your family members, and tailor the claim to seek full compensation on your behalf.
Wrongful Death vs. Survival Action Claims in Texas
It can be easy to confuse wrongful death and survival action claims, as both seek to secure financial compensation for a death. However, each one serves a distinct purpose and uses a different method for determining compensation. Survival action claims are meant to compensate the deceased’s estate for losses incurred before death.
This is different from wrongful death claims, which aim to compensate the surviving spouse and family members. A survival action claim is like a personal injury claim the deceased would’ve filed if they survived. A survival action can provide for economic and non-economic damages the deceased suffered, such as medical bills and physical pain and suffering.
In most cases, you will file a wrongful death and survival action claim simultaneously.
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Who Can File a Wrongful Death Claim in Houston, Texas?
Under Texas law, the deceased’s family members, including surviving spouse, children, or parents, can file legal action for wrongful death. Any one of these individuals can file on behalf of themselves and the others.
If the family members don’t file a claim within three months, then the deceased’s personal representative can take action. However, if the surviving family members object, the personal representative cannot file a lawsuit.
If you are unsure of whether you have the right to file, you can talk to a wrongful death attorney from Haque Law to assess your eligibility.
Time Limit for Wrongful Death Claims in Texas
It’s also important to be aware of the statute of limitations in Texas. In most wrongful death claims, you have two years from the date of death to file a claim, according to TX Civil Practice and Remedies Code § 16.003(b). Missing this deadline could permanently prevent you from recovering compensation, even in the strongest of cases.
The best way to move forward is to seek trusted legal advice from skilled wrongful death lawyers in Houston who understand how to build a strong case using accident reports, witness statements, expert witness testimony, police reports, medical documentation, and all available evidence.
Contact Haque Law to Speak With an Experienced Houston Wrongful Death Attorney
If you’ve lost a loved one due to someone else’s negligence, you don’t have to face the legal process alone. At Haque Law, our founding attorney spent 10 years in a leadership position at a large hospital. He uses what he learned working for patients to help personal injury clients and their families recover full compensation where other lawyers leave money on the table.
We understand the emotional and financial toll a wrongful death can take on families. That’s why we offer a free initial consultation to help you understand your legal rights, answer your questions, and determine the best course of action for your case.
Call or text (281) 417-8311 or complete a Case Evaluation form
