An accident resulting in wrongful death is one of the most difficult ways to lose a loved one. When a death was both unexpected and preventable, the emotional suffering inflicted on surviving family members is impossible to describe. As wrongful death lawyers advocating for victims of injustice in Houston, we have worked with individuals and families through terrible tragedies that never should have happened.
At The Mejia Law Firm, we practice wrongful death law because it allows us to take even a small part in helping people when they need it the most. If your family has suffered a wrongful death and you are not sure what legal steps can be taken, talk to us. We can schedule a meeting to explain your legal options and how to move forward with a wrongful death claim.
What Is Wrongful Death?
Wrongful death is a preventable death that was caused by the wrongful actions or the negligence of another party. If the victim had survived the accident and suffered injuries, they would have been able to file a personal injury claim against the at-fault party. Because they lost their life, a family member may be able to take legal action on their behalf.
Under Texas law, a wrongful death claim may be brought if negligence led to the accident that caused death. Spouses, children, and parents are allowed to bring forward a wrongful death claim and recover damages. One or more of these relatives may take legal action on behalf of the other family members. If none of the individuals entitled to bring an action do so within three months after the death, an estate executor or administrator can bring the action unless requested not to by the family.
It is important to speak with an experienced wrongful death attorney if your family is considering filing a wrongful death claim. There are numerous, specific guidelines and deadlines for the process of filing. A wrongful death claim is an important step in the process of recovery for surviving family members. You should know that the legal procedures are being handled skillfully and with deep personal concern for the outcome of your case. When your family unexpectedly loses a loved one to someone else’s negligence, you should never be forced to bear the financial burden of their mistake as you grieve. Wrongful death law works to prevent this from happening.
Wrongful death cases are processed as civil cases, completely separate from any criminal charges that might also be pending. While you might be asked to provide testimony in a criminal case related to the wrongful death charges, the two cases are treated separately in Texas courts. Criminal trials are focused solely on the punishment of the accused, while wrongful death claims are focused on compensating for the loss.
What Are the Most Common Causes of Wrongful Death?
Any form of negligence or willful wrongdoing can result in wrongful death. Some of the most common types of accidents resulting in wrongful death include:
- Car accidents
- Commercial truck collisions
- Motorcycle accidents
- Medical malpractice
- Workplace injuries
- Construction site accidents
- Defective products
- Industrial machinery accidents
- Nursing home abuse and neglect
- Slip and fall accidents
- Dangerous premises
- Drowning accidents
- Pharmaceutical negligence
For support with your legal claim, contact our law office focused on resolving wrongful death cases. We know how to work within the legal system to prepare a case, negotiate a settlement, and, if necessary, represent you in a civil court to prove your case. We are dedicated to helping families of victims of wrongful death get the financial support they deserve.
Seeking Compensation After Wrongful Death
The costs incurred after an accident leading to wrongful death can be extremely steep. Very few families are prepared to handle this enormous and unexpected financial responsibility. When someone is negligent and causes a death, the deceased’s family should never have to pay the monetary costs in addition to their emotional suffering.
At The Mejia Law Firm, we have helped families recover the necessary compensation. While never a replacement for what they lost, this allows families to grieve without worrying about how to pay the expenses they should never have had to pay in the first place.
Settlements will be comprised of both economic and non-economic losses, which are defined as intangible damages that impact a person’s life, such as pain and suffering. Your Houston wrongful death lawyer will work to calculate all your losses for a settlement that secures your financial future.
The economic damages recoverable after a wrongful death may include:
- Medical and hospital expenses
- Funeral and burial costs
- Loss of the income that supported the family
- Loss of future income and benefits
- Estate administration expenses
- Loss of inheritance
Non-economic damages that may be recoverable include:
- Mental and emotional anguish
- Pain and suffering
- Loss of consortium
- Loss of support and guidance
- Loss of companionship
- Pain and suffering experienced prior to death
What Are Punitive Damages?
Punitive damages, also known as exemplary damages under Texas law, may also be considered in some cases of gross negligence. This amount is not meant to make up for any economic or non-economic losses but is ordered to be paid to make an example out of the negligent party. To prove that your case should be considered for punitive damages, you must have strong evidence that the death was caused by gross negligence or a willful act or omission.
Punitive damages are capped in Texas for most personal injury cases at $200,000 in cases where economic damages are not awarded or an amount that is double the economic losses plus an equal amount of non-economic damages with a limit of $750,000. This limit can be waived in cases pertaining to intoxicated assault or manslaughter. Speak with an attorney about your case to see if you might be eligible for punitive damages.
What Qualifies as Gross Negligence?
Wrongful death lawsuits require proof of negligence to demonstrate that the defendant owed a duty of care to the deceased and the breach of that care caused that death. Gross negligence goes a step further, which is defined by the statute as breaching the duty of care with an omission or act of extreme risk in relation to the potential for harming others.
Gross negligence cases commonly include situations like DUI accidents or employers who intentionally ignore safety regulations. If you can effectively demonstrate gross negligence was involved in your case, you may be eligible for punitive damages.
What Qualifies as Malice?
Another qualification for punitive damages includes malice, which is when the defendant had specific intent to cause bodily harm or severe injury to the plaintiff. The O.J. Simpson trial is a famous example of a wrongful death lawsuit won based on extreme malice. Simpson was acquitted of his criminal murder charges, but the families of Nicole Brown-Simpson and Ronald Goldman filed and won both compensatory and punitive damages.
What Is the Statute of Limitations in Texas?
Under the Texas statute of limitations for wrongful death cases, a person has two years to file a claim from the date of death. There are some exceptions to this, including if the plaintiff is a minor, negligence was not discovered until later, negligence was fraudulently concealed, and mental or physical disabilities prevented an on-time filing of the lawsuit. The ultimate deadline is Texas’ statute of repose, which is 10 years after the death, no exceptions.
Generally, it is beneficial to file your wrongful death claim as soon as possible with the help of an experienced attorney to assist you in meeting any important legal deadlines. Evidence like computer data, video footage, and witness testimony is easier to gather closer to the time of the incident and waiting to file can hurt your case. Do not delay in contacting our office for a free case consultation.
Who Can File a Wrongful Death Claim in Texas?
In the state of Texas, a wrongful death lawsuit can only be filed by the legal surviving spouse, even if they were separated at the time of death, parent, or child (minor or adult) of the deceased. Our state also allows children of any age to file for damages after a parent’s wrongful death. Both biological and adoptive children fall under this allowance. Siblings, non-adopted stepchildren, other close relatives, heirs, and non-marital partners are not able to file claims.
If no surviving relatives file a claim within three months of the death, the executor of the deceased’s estate can bring a legal action. The only other case that would allow the executor of the estate to file a claim is if the surviving family requested it. This may be the case for a child who is still a minor or a family who is occupied with grieving to focus on financial settlements.
What Is a Survival Claim, and How Does It Differ from a Wrongful Death?
While a wrongful death claim compensates family members for their losses, there is another type of civil claim that is recognized by the state of Texas. The Texas Survival Statute allows heirs or executors of the deceased’s estate to file a personal injury claim based on the injury the deceased suffered before death. While the wrongful death claim compensates the surviving spouse, children, and / or parents directly, a survival claim goes to the deceased’s estate and is distributed based on their will.
Survival claims can only be filed if the plaintiff is a representative of the victim’s estate and if the deceased suffered a personal injury that could have been given rise to a claim against a negligent party prior to their death. Survival claims can be filed for any personal injury claim that would have been applicable prior to the wrongful death, not just an injury leading to death. If the injury was a separate incident from the wrongful death, heirs will only have two years from the time the injury occurred to file a survival claim. Paying attention to the statute of limitations can help ensure you do not lose out on the opportunity to pursue this financial settlement.
Both a survival claim and a wrongful death claim can be in process at the same time. When you meet with our attorneys, they will advise you on the options you have and assist with maximizing the settlement for your family. While it will not replace the lost loved one in your life, these settlements can help ensure your family’s financial stability in the future.
Proving Negligence in A Wrongful Death Lawsuit
Negligence is the most critical point to be proven in a wrongful death claim. A negligent party either carelessly acted or omitted important action that was their responsibility. When attempting to recover compensation in a wrongful death case, the Texas courts require the following to prove wrongful death:
- Duty of care: There must be sufficient evidence to prove that the responsible party acted carelessly or failed to comply with established safety precautions. An example would be the responsibility all drivers have to not act recklessly.
- Breach of the duty of care: There must be proof to illustrate that the party responsible for the fatal injury breached a duty of care that they were responsible for. Breaching that duty could include speeding, driving under the influence, or causing an accident.
- Causation: The case must prove that the negligent party acted recklessly and that their actions or omission of actions resulted in the wrongful death of the deceased. This is vital to identify the damages suffered and identify the losses the surviving family endured as a result.
- Damages: You must present evidence of the bills and other damages resulting from the negligent actions leading to the wrongful death, as well as how you have suffered after the loss of your loved one.
Proving negligence is the linchpin of your wrongful death claim, and Texas courts make it your direct responsibility to present a preponderance of the evidence. This means that your argument and evidence must be more likely true than not. Working with an experienced attorney with a successful track record in securing fair compensation can help. Choosing The Mejia Law Firm means gaining decades of experience and legal knowledge on your side.
What Will a Houston Wrongful Death Lawyer Do to Help Your Family?
To ensure the best possible settlement and negotiation process for your family, our legal team will work tirelessly to build the background details of the case and seek out all evidence to prove liability. We will represent you as your advocate, negotiating with insurance companies and, if necessary, in the courts. The investigation first attempts to reconstruct the incident by evaluating any related evidence, such as:
- Police report
- Medical records
- Witness statements
- Photographic or video evidence
- Expert testimony
- Accident reconstruction analysis
- Vehicle inspections
- Cell phone records
- Vehicle repair records
After establishing liability, your attorney will calculate a fair settlement amount based on the losses you have suffered. Your legal team may use past experience of similar cases, expert financial guidance, and other points of reference to calculate these losses. All of this information and evidence will go into forming a demand letter to the insurance company.
We Aggressively Negotiate on Your Behalf While You Grieve
Demand letters can sometimes resolve a case right away if there is appropriate evidence and the insurance company is willing. Some special coverage like liability policies may also allow for immediate settlement. Cases will typically require back and forth negotiation between the insurance company and your lawyer to reach a fair settlement.
These conversations can be full of technical and legal language you may struggle to understand, especially if you are in the midst of grief. Your attorney will manage the communications, pushing back on offers that are too low for your compensation needs. If the insurance company refuses to negotiate or rejects the claim completely, you will want to discuss filing a lawsuit with your attorney.
Working with our compassionate and experienced wrongful death attorneys will provide some peace of mind during this difficult time for you and your family. We offer free case evaluations to help you understand the law and your potential settlement. You won’t pay a thing unless we win you a fair settlement or a verdict at trial.
How Much Does It Cost to Hire a Houston Wrongful Death Lawyer?
When you are struggling to handle finances due to the medical bills, lost wages, and financial burden of a funeral and burial, the last thing you need to worry about is paying a lawyer. Most lawyers who handle wrongful death lawsuits work on a contingency fee basis, which means we only get paid if you win. This contingency fee will then come out of your payout, meaning no out-of-pocket expenses for your family.
The Mejia Law Firm works on a contingency fee basis, and you can get started today with a free, confidential case evaluation right now. Our goal is to recover fair compensation in to relieve the burden of your family’s financial worries caused by the wrongful death.
The Mejia Law Firm Wins Justice for Victims’ Families
Wrongful death law is important to our society because it holds negligent parties accountable for injurious actions. When a drunk driver kills someone, a careless doctor makes a mistake while on a phone call, or a truck driver falls asleep after taking drugs behind the wheel, we stand up and speak for the lives they destroyed. Many important laws have been passed because of situations like these.
If your family is exploring legal options following the loss of a loved one, a Houston wrongful death lawyer from The Mejia Law Firm is available to provide legal guidance. If we mutually decide that our firm is the best suited to take your case, you can be assured that we will handle every detail with care. We always begin with a no-cost, no-obligation conversation about your situation and how we may be able to help you recover.