Wrongful Death Lawyer in Houston

How does a wrongful death lawsuit work?

If someone in Texas dies because of another’s negligence, reckless, or intentional actions, the decedent’s surviving family members can file a civil claim against the responsible party, suing for the damage done to their family. 

Wrongful death lawsuits are typically only filed by immediate family members — like spouses, children, or parents of the deceased — and must establish the following elements in order to be successful:

1. A family member has died. 
2. They died because of another party’s negligence or intentional, reckless actions. 
3. They are survived by family members or spouses who have suffered damages (both economic and non-economic) because of their loved one’s death. 

Although it may seem simple, establishing these three elements and proving that wrongful death has occurred can be incredibly complex — especially if trucking companies or insurance companies are involved. 

Common causes of wrongful death accidents in Texas

Wrongful death claims can arise from almost any type of accident or incident in which negligence or intentional harm is involved. Here are some common causes that frequently lead to wrongful death cases:

• Car accidents
• Truck accidents
• Workplace accidents
• Offshore accidents
• Plant explosions
• Medical malpractice
• Defective products

To have a successful wrongful death case, your attorney will need to prove that negligence was the cause of your loved one’s death. This often means investigating the circumstances of their accident, questioning those involved, bringing in experts who can illuminate areas of confusion, and more. 

Is it hard to win a wrongful death lawsuit in Texas?

Because the burden of proof in wrongful death lawsuits is entirely on the plaintiff, winning them can be quite challenging. To win a wrongful death suit, your attorney must show that the responsible party’s actions directly caused the death of your loved one, a concept referred to as proximate cause. 

Establishing proximate cause is often the deciding factor in personal injury or wrongful death lawsuits and can involve expert witnesses, cross-examinations, and deep dives on the evidence by your attorney. 

In order to successfully avoid these legal hurdles, you need a Houston personal injury lawyer who can anticipate the defense’s strategies and present a compelling case to the court. The facts may be the facts, but they require experienced and creative attorneys to prove them to the court’s satisfaction. 

How do you prove wrongful death in Texas?

Proving wrongful death is similar to proving any other type of negligence in Texas and hinges similarly on causation. The four key elements of proving personal injury are:

1. Duty of care. Your lawyer must show that the defendant owed the deceased a legal duty of care, such as a duty to drive safely or provide safe products.
2. Breach of duty. Your lawyer must demonstrate that the defendant breached this duty through negligence, recklessness, or intentional harm.
3. Proximate cause. Your lawyer must prove that this breach of duty directly caused the death of your loved one.
4. Damages. Finally, your lawyer must show that the death caused measurable damages to you and other surviving family members through loss of financial support, loss of companionship, pain and suffering, and more.

Wrongful death cases depart meaningfully from other personal injury cases when it comes to damages. Because the damages caused by the death of a loved one can be so far-reaching, both economically and non-economically, your lawyer should be demanding a lot — and large demands often mean more resistance and more time spent on the case.

How long does a wrongful death lawsuit take in Texas?

The duration of wrongful death lawsuits in Texas can vary widely based on individual circumstances. On average, these cases usually take anywhere from a year to a few years but can be shorter or longer depending on factors like these. 

Types of damages for surviving family members

In a Texas wrongful death claim, surviving family members may be entitled to various types of damages, depending on the specifics of the case. These may include:

• Economic damages cover financial losses like the decedent’s lost earnings, medical bills related to the fatal injury, and funeral expenses.
• Non-economic damages cover the emotional and intangible losses like loss of companionship, emotional anguish, and loss of consortium. 
• Punitive damages are generally awarded only in cases where the defendant’s actions were particularly egregious. The court may award punitive damages as a way to punish the responsible party and deter similar behavior in the future.

The true cost of lost earnings and non-economic damages in wrongful death cases can be extremely high, which is why hiring a compassionate and experienced Houston wrongful death lawyer is absolutely essential.

How an injury lawyer in Houston can protect your family after a wrongful death

A wrongful death lawyer provides invaluable support by handling the complex legal aspects of your case while you focus on your family and healing. Here are a few ways in which a Houston wrongful death lawyer can help your family during this difficult time:

1. They protect your interests. First and foremost, a lawyer is a legal advocate with a fiduciary duty to act in your best interests. They can make sure you know what your rights are and guide you through every step of the process. 
2. They investigate and collect evidence. Gathering evidence and expert witnesses is crucial in any personal injury lawsuit, and a good attorney will have the knowledge and resources to do this thoroughly.
3. They negotiate and litigate. Going through settlement negotiations without a skilled attorney will leave you with minimal damages and lowball offers, and if your case needs litigation, you’ll need someone to represent you in court. 
4. They offer compassionate support. Maybe, most importantly, hiring a wrongful death lawyer means hiring someone who can partner with you during this time of extreme pain and loss. 

How much is a wrongful death lawsuit in Texas?

The value of a wrongful death lawsuit varies based on factors like the circumstances leading up to the death, the financial impact of the death on the family, and the defendant’s degree of negligence. 

Damages may be influenced by the decedent’s earning potential, medical expenses, pain and suffering endured, and other factors. Because wrongful death cases are highly individual, and successfully pursuing damages depends so much on the presentation of your case by your attorney, consulting with a wrongful death attorney is essential for an accurate assessment of your case’s potential for compensation.

Seek justice for your family with Calderon Law Firm

At Calderon Law Firm, we understand that a wrongful death lawsuit can never bring back your loved one, but we know that it can provide critical resources to give your family the time and closure you deserve.

Our founder, Jose Calderon, and our trusted Houston wrongful death lawyers are standing by to guide you and your family through the difficult road ahead and are prepared to see you through the process with dedication and compassion. We will fight with everything we have to help ensure that those responsible for your loved one’s death are held responsible and that you and your family get the compensation you deserve. 

Call Calderon Law Firm at (346) 999-5673 or contact us online today to set up a free consultation and take the first step towards justice and peace.