Have you recently lost a loved one in Houston? If someone else was to blame for their death, you could be entitled to compensation through a wrongful death suit. Who can sue for wrongful death? Only certain parties can file a wrongful death claim under Texas law. Here’s what you need to know about the process, including what damages are available, whether you have grounds to file, and whether you can recover compensation for your loss even if you don’t.
What Is a Wrongful Death?
Texas law defines a death as wrongful if it occurs as the result of another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” To put it another way, if the deceased would have had grounds to file a personal injury suit had they lived, their family may be entitled to pursue a wrongful death claim instead. Here are some examples of wrongful deaths:
A careless motorist runs a red light and slams into another vehicle, killing its driver.
A store manager does not put up a warning sign around a leaking refrigerator unit. A patron doesn’t notice the spill, causing them to slip, hit their head on the floor, and suffer a fatal brain injury.
The owner of a dog that has shown previous signs of aggression does not take adequate precautions to keep the animal within its kennel. The dog escapes and fatally mauls a neighbor.
These are just examples. Still unsure about whether your loved one’s death was wrongful? Contact a personal injury lawyer for a free case review.
What Compensation Can a Wrongful Death Suit Recover?
In Texas, wrongful death compensation covers what the deceased’s survivors suffer because of their loss—not what the decades or their estate suffered. As such, wrongful death claims aim to acknowledge the harm and injuries the family has suffered. Compensation may include money for:
Lost Income the Deceased Will No Longer Be Able to Provide: This refers to the present and future earnings that the deceased would have contributed to their family over the course of their expected working life. Calculations for lost income consider the deceased’s age, health, life expectancy, earning potential, and career prospects. Economists or financial experts often project these figures by taking into account inflation and potential salary increases to estimate the total lost earnings.
Lost Household Services the Deceased Provided: This covers the value of the practical contributions the deceased made to their household, such as cooking, cleaning, childcare, maintenance, and other daily tasks. Estimating the cost of these services involves calculating the market rate for hiring professionals to undertake these tasks and projecting the cost over the time period the deceased would likely have continued providing them.
Loss of Support and Guidance Provided by the Deceased: This is particularly relevant in the context of dependents or children of the deceased. This category includes the loss of moral, ethical, and educational support, guidance, and nurturing. Quantifying these losses can be challenging. Doing so might involve testimonies from family members and psychological experts to demonstrate the impact of these intangibles on the well-being and development of dependents.
Emotional Turmoil Caused by the Death: Also known as emotional distress or pain and suffering, this reflects the psychological impact of the death on the surviving family members. It includes grief, sorrow, and mental suffering. Damages for emotional turmoil can be substantial, reflecting the unexpected loss’s severe impact on loved ones. This category often requires psychological evaluations and testimony to articulate the depth of the emotional impact.
Punitive damages are also recoverable in rare cases of willful acts or gross negligence. These are not meant to compensate the family for what they’ve suffered. Rather, they punish the at-fault party for their egregious behavior.
There is a separate but related suit called a survival action. This suit can compensate the deceased’s estate for injuries the deceased suffered prior to their passing. This could include money for medical bills, lost wages, and conscious pain and suffering.
Who Can File a Wrongful Death Suit in Houston?
In Texas, the deceased’s surviving spouse, children, or parents have the right to bring a wrongful death suit. Any money recovered through a wrongful death suit in Texas goes to the benefit of all. If these parties have not filed suit after three months, the deceased’s personal representative—also called their executor—may bring suit instead.
How Can a Lawyer Help with My Wrongful Death Suit?
Do you suspect that your loved one’s death was someone else’s fault? If so, you should consider speaking with a Houston wrongful death attorney as soon as possible. You could be entitled to compensation, but you shouldn’t have to pursue it yourself. Instead, you should focus on your family and honoring your loved one. While you do that, your attorney can:
Investigate the incident that led to your loved one’s death to recover valuable evidence regarding what happened
Determine everyone who could be liable for your loved one’s passing
Identify available sources for compensation, including relevant insurance policies
Calculate the fair value of your claim so that they pursue the full amount you’re entitled to
File your insurance claims and send demand letters to initiate the recovery process
Negotiate with liable parties and their insurance providers for an out-of-court settlement
Prepare your case for court to strengthen your bargaining position and serve as a fallback plan
Litigate your case at trial if you’d prefer your day at court or if it becomes the best way to get what you deserve
Be aware that Texas places a two-year statute of limitations on wrongful death claims. If you attempt to file your claim after the deadline has passed, it will likely be dismissed as untimely. Don’t lose your right to justice. Instead, contact a Houston wrongful death attorney today to begin your claim.
Contact Gibson Hill Personal Injury Today
Have you lost a loved one in the Houston area? Are you ready to stand up and demand justice? Then contact Gibson Hill Personal Injury today for a free consultation with a wrongful death lawyer in Houston and find out more about your rights and how we can help you. You can reach our law firm online or at 713-659-4000.
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