Losing a loved one is never easy, but when the loss is due to someone else’s negligence or misconduct, the pain is often compounded by confusion, anger, and legal uncertainty. Wrongful death claims provide a legal avenue for surviving family members to seek justice and compensation. If you’re in Houston and considering such a claim, it’s essential to understand how Texas law treats these cases and what steps are involved in pursuing justice.
What Constitutes a Wrongful Death in Texas?
A wrongful death occurs when an individual is killed due to the legal fault of another person or entity. This can include negligence-based incidents like car accidents, medical malpractice, defective products, or intentional acts such as assault. Under Texas law, a wrongful death claim can be brought when the death is caused by a “wrongful act, neglect, carelessness, unskillfulness, or default” of another.
Texas Civil Practice and Remedies Code Chapter 71 governs wrongful death claims and defines who can file, the types of damages recoverable, and procedural requirements.
For a broader legal perspective, Cornell Law School provides a comprehensive overview of wrongful death and how such claims are approached across the U.S.
Who Can File a Wrongful Death Claim in Houston?
In Texas, the following individuals are legally permitted to file a wrongful death lawsuit:
- The deceased’s spouse
- Children, including legally adopted children
- Parents, including adoptive parents
If none of these parties file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim on behalf of the estate—unless all eligible family members specifically request that no claim be filed.
Siblings and more distant relatives are not entitled to bring wrongful death claims under Texas law, regardless of the closeness of their relationship to the deceased.
Common Causes of Wrongful Death in Houston
Houston, being one of the largest and most active metropolitan areas in the country, sees a variety of wrongful death cases each year. Common scenarios include:
Motor Vehicle Accidents
Houston’s congested roads contribute to a high rate of fatal car, motorcycle, and truck accidents. If a person dies due to a crash caused by reckless driving, driving under the influence, or a defective auto part, their family may have grounds for a wrongful death claim.
Workplace Accidents
Despite state and federal safety regulations, fatal workplace incidents still occur. Construction, oil, and industrial sectors pose higher risks for wrongful deaths due to falls, equipment malfunctions, and hazardous exposure.
Medical Malpractice
Doctors, nurses, and healthcare providers can be held liable if their negligent care leads to a patient’s death. This includes surgical errors, misdiagnosis, delayed treatment, or improper medication.
Product Liability
Manufacturers and distributors may be liable if a defective product—such as a faulty airbag, contaminated food, or an unsafe toy—causes a fatal injury.
How to Prove Liability in a Wrongful Death Case
To successfully bring a wrongful death claim, the plaintiff must prove the following elements:
- Duty of Care: The defendant owed the deceased a duty of care.
- Breach of Duty: The defendant breached that duty through negligence or misconduct.
- Causation: The breach directly caused the death.
- Damages: The family suffered financial and emotional harm as a result.
Proving these elements typically requires a combination of evidence, such as medical records, accident reports, expert testimony, and witness statements. An experienced wrongful death attorney in Houston can build a compelling case on your behalf.
Types of Compensation Available
Texas law allows eligible family members to seek several types of damages in a wrongful death lawsuit:
Economic Damages
- Loss of the deceased’s earning capacity
- Medical bills and funeral expenses
- Loss of inheritance
Non-Economic Damages
- Mental anguish and emotional suffering
- Loss of companionship, love, and comfort
- Loss of household services
Exemplary (Punitive) Damages
In cases where the death resulted from a willful act or gross negligence, the court may award exemplary damages to punish the wrongdoer and deter similar conduct in the future.
Statute of Limitations in Texas
Generally, you must file a wrongful death claim in Texas within two years from the date of the individual’s death. Exceptions exist in rare cases, such as if the claimant is a minor or if fraud prevented the discovery of the cause of death. Nonetheless, it’s crucial to act quickly to preserve evidence and ensure your rights are protected.
Why You Need Legal Representation
Wrongful death claims are emotionally charged and legally complex. Insurance companies often attempt to minimize payouts or shift blame, which can make navigating the process even more difficult for grieving families.
An attorney who focuses on wrongful death litigation in Houston can offer the following:
- Thorough case evaluation
- Evidence collection and expert coordination
- Aggressive negotiation with insurance companies
- Representation in court, if necessary
Choosing a lawyer who understands the intricacies of Texas wrongful death law can significantly affect the outcome of your case.
To explore more about legal representation and read reviews from past clients, you can visit this profile.
Seeking Justice with the Right Legal Advocate
Every wrongful death case is unique, and there is no one-size-fits-all approach. What remains consistent, however, is the importance of compassionate legal support. In Houston, families have the right to seek justice and accountability when someone else’s negligence leads to a tragic loss.
If you find yourself in this unfortunate situation, it’s vital to work with an attorney who is both experienced and deeply committed to advocating for families.
One such trusted name in Houston is Lowe Law: The Insurance Outlaw—a firm known for its aggressive pursuit of justice and unwavering support for clients during some of the most difficult times of their lives.
Conclusion
While no legal action can truly compensate for the loss of a loved one, wrongful death claims offer a means to obtain justice, hold responsible parties accountable, and secure financial stability for the future. By understanding your rights and working with a knowledgeable attorney, you can begin to rebuild and honor the memory of the one you’ve lost.
If you’re considering filing a wrongful death claim in Houston, don’t wait—consult with an attorney as soon as possible to explore your options and begin the journey toward justice.
About the Author:
With a BA in communications and paralegal experience, Irma Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specializes in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.