Have you recently lost a loved one in a fatal accident in Houston, TX? The loss of a loved one can be nothing short of devastating.
If someone else’s careless or wrongful acts caused that loss, Simon & O’Rourke Car Accident & Personal Injury Lawyers can help you fight for justice. An experienced Houston wrongful death lawyer can help you pursue full compensation for medical bills, lost financial support, and more.
Our attorneys in Houston, Texas, have over 43 years of combined experience. We’re prepared to put the full weight of that experience to work for you. Contact our law firm or call (281) 667 4081 to schedule your free consultation today.
How Can Simon & O’Rourke Car Accident & Personal Injury Lawyers Help With Your Wrongful Death Claim in Houston, TX?
We know that you’re grieving, and the thought of taking legal action may be far from your mind. Our Houston personal injury attorneys are prepared to handle all of the legal and insurance issues. That way, you can focus on your family and have the peace of mind that comes with knowing your family’s financial security will be protected.
Simon & O’Rourke Car Accident & Personal Injury Lawyers is a trusted law firm with decades of experience. We have a proven track record of success–and insurance companies know about it. When you hire us, they’ll know you’re serious about recovering the full compensation available.
Your decision to hire us gives you an attorney who will:
- Carefully investigate the circumstances of your loved one’s death
- Identify and explain all legal options for recovering compensation
- Assess your damages and determine their value in financial terms
- Hire leading experts who can offer insight and advice
- Defend against any claims that your loved one was responsible
- Negotiate aggressively for a full and fair settlement
Our Houston personal injury lawyers know how to help you get justice. We’re passionate and ready to start advocating on your behalf. Just call us today to learn more about our law firm and how we can help.
Overview of Wrongful Death Laws in Texas
The Texas Wrongful Death Act governs wrongful death claims in the state of Texas.
“Wrongful death” in Texas is defined to include any death caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” If the victim would have been entitled to sue for damages had they lived, the right to file a lawsuit passes to survivors.
Several different legal theories can be involved in wrongful death cases, including:
- Negligence claims involving accidents
- Intentional torts, or intentional murder in criminal terms
- Strict liability in product liability cases
- Medical malpractice
The vast majority of all wrongful death cases involve accidents. Survivors can also bring wrongful death lawsuits in cases involving intentional criminal acts or homicide.
Regardless of the circumstances, financial compensation is the end goal in wrongful death cases.
Who Can File a Wrongful Death Lawsuit in Texas?
The victim can’t take legal action on their own behalf. In Texas, only certain surviving family members can file a wrongful death lawsuit.
They include:
- A surviving spouse
- Children
- Parents
If none of these parties file the lawsuit within three months of the victim’s death, the personal representative or estate executor can file it. The representative must file the claim unless the surviving spouse, children, and parents request that they do not file the lawsuit.
Regardless of who technically files the lawsuit, the damages are obtained for the benefit of the victim’s surviving family and heirs.
How Much Money Is My Houston Wrongful Death Case Worth?
Assessing the value of a wrongful death case is always difficult. No amount of money can bring your loved one back. That said, we know that every dollar can be important.
When we’re calculating the value of your claim, we’ll evaluate all the details, including:
- The circumstances and the nature of the at-fault party’s acts
- The financial losses you’ve experienced, including medical care and lost household income
- How the loss has impacted your family’s emotional well-being
- The age and identity of surviving dependents
- How the decedent had contributed to the family and household during life
- The victim’s age and earning capacity at the time of death
While the insurance company may try to offer a “standard settlement,” know that there’s really no such thing. Our lawyers will work closely with you to understand your unique position.
What Types of Damages Can My Family Recover If Our Texas Wrongful Death Case Succeeds?
Your family can pursue compensation for both your economic damages and non-economic damages.
Typical examples of damages in a wrongful death case include:
- Loss of the victim’s financial support
- Loss of the value of household services the victim had performed
- Loss of inheritance
- Emotional trauma
- Loss of the loved one’s company and support
- Loss of parental guidance
- Loss of consortium or loss of a spouse’s companionship
- Funeral expenses and burial costs
In cases involving intentional wrongdoing or especially shocking acts, Texas courts may award punitive damages. Rather than compensate for a specific loss, punitive damages punish the defendant for their wrongful acts.
None of these damages are automatically available. You’ll have to prove the specific losses you have suffered before the insurance companies will hand over a fair check.
What Is a Survival Action, and What Types of Damages Can Be Awarded?
Survival actions are slightly different from wrongful death claims. Survival actions are filed to recover compensation for losses the decedent suffered between the date of injury and the date of death.
Examples of those damages include:
- Medical bills
- Pain, suffering, and trauma
- Lost wages between the date of injury and the date of death
The survival action will be based on the same set of facts as the wrongful death lawsuit. The two claims are typically filed together.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Houston?
Simon & O’Rourke Car Accident & Personal Injury Lawyers, like most firms, works on a contingency fee basis. When you decide to hire us, you agree to pay a percentage of your compensation award. That percentage can vary but is typically around 33% of your overall settlement or verdict.
What Happens to My Family’s Compensation If My Loved One Shared Some Blame for a Fatal Accident in Texas?
Texas follows a modified comparative negligence law. Victims lose their right to compensation if their share of fault for an accident or injury is greater than 50%.
Victim blaming is common in wrongful death cases. The other side knows that the victim isn’t around to defend themselves. They also know that surviving family members might not have all the facts.
If someone is trying to blame your loved one for their own injuries, call us today. We’ll start working immediately to minimize the impact of these unfair allegations.
What Are the Top Causes of Fatal Accidents in Houston?
At Simon & O’Rourke Car Accident & Personal Injury Lawyers, we handle all types of wrongful death claims in Houston, including those involving:
- Car accidents
- Slip and fall accidents
- Intentional torts, including fatal assaults and sexual assault
- Firearm violence
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents involving 18-wheelers and semi-trucks
- Bus accidents
- Uber and Lyft accidents
- Swimming pool accidents and drownings
- Boating accidents
- Construction accidents
- Workplace accidents, including industrial accidents
- Maritime accidents
- Dog bites
- Defective products
- Poisonings
- Medical malpractice
- Nursing home abuse and neglect
The loss of a loved one is difficult enough. You shouldn’t have to worry about fighting with an uncaring insurance company on top of everything else. Contact our team today and get the legal assistance you deserve.
What Do I Have to Prove to Win a Wrongful Death Claim in Texas?
The burden of proof in wrongful death cases is lower than in criminal cases. In criminal court, you must prove your case beyond a reasonable doubt. In civil court, a preponderance of the evidence standard applies. That means you must offer proof that it was more likely than not true that the defendant caused the death.
Most wrongful death cases are based on negligence, meaning that you must prove:
- The defendant had a legal duty of care
- A breach of duty occurred
- The breach was the direct and proximate cause of your loved one’s death
- Your family suffered identifiable damages
Depending on the facts, different legal theories could apply. For example, if your loved one died due to a defective product, you’ll have to identify the specific defect under Texas state liability laws.
How Much Time Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Texas?
In Texas, you have two years to file a wrongful death lawsuit. The two-year statute of limitations in wrongful death cases starts to run on the date of the victim’s death. This is different from personal injury cases, where the clock starts to run on the date the victim was injured.
Contact Our Houston Wrongful Death Lawyers for a Free Case Review Today
You’re already going through a difficult time. Money can’t make up for the loss you’re experiencing. That said, it can be the only way to get justice. Let an experienced Houston wrongful death attorney at Simon & O’Rourke Car Accident & Personal Injury Lawyers help you fight for the full compensation you deserve.
Visit Our Personal Injury Law Office in Houston, TX
Simon & O’Rourke Car Accident & Personal Injury Lawyers
440 Louisiana St Suite 2300, Houston, TX 77002
(281) 667 4081
8:30 AM – 5:00 PM
