Compassionate Wrongful Death Attorneys in Houston, TX
Losing a family member to an accident that should not have happened is one of the most devastating experiences a family can face. When that loss is the result of another party’s negligence, recklessness, or intentional conduct, Texas law provides a path for surviving family members to seek accountability and compensation for what they have lost.
Wrongful death claims are distinct from other personal injury cases in both their legal structure and their emotional weight. Herrera PLLC handles these cases with the seriousness and personal attention they require, working closely with families to understand the full scope of their loss and to pursue every avenue of recovery available under Texas law.
Who Can Bring a Wrongful Death Claim in Texas
Under Texas law, a wrongful death claim may be brought by the surviving spouse, children, and parents of the deceased. If none of those family members files a claim within three months of the death, the executor or administrator of the estate may bring the claim on the family’s behalf. Texas also recognizes a separate survival action, which allows the estate to recover damages the deceased would have been entitled to had they survived, including pre-death pain and suffering.
Common Causes of Wrongful Death Claims
Wrongful death cases in Texas arise from a wide range of circumstances, including motor vehicle accidents, commercial truck and 18-wheeler accidents, workplace accidents in construction, oilfield, and industrial settings, medical malpractice, premises liability incidents, and defective product failures. In many cases, the same accident that gives rise to a wrongful death claim also involves potential claims against multiple parties whose combined negligence contributed to the outcome.
Damages Available to Surviving Family Members
Surviving family members in a Texas wrongful death case may recover compensation for the financial support the deceased would have provided over their lifetime, the loss of companionship, care, and guidance the family has suffered, mental anguish resulting from the loss, and in some cases medical and funeral expenses. The economic analysis in these cases often involves expert testimony regarding the deceased’s earning capacity, life expectancy, and the value of the household and caregiving contributions they provided.
The Importance of Acting Promptly
Texas has a two-year statute of limitations for wrongful death claims, running from the date of death. While two years may seem like sufficient time, the investigation that supports a wrongful death case requires early action. Evidence is preserved or lost in the weeks following an accident. Witnesses are located and interviewed while their recollections are fresh. Expert analysis of the scene, the equipment, and the circumstances begins long before any lawsuit is filed.
Contact Herrera PLLC
Herrera PLLC, with Jonathan Herrera at the helm, represents surviving families in wrongful death cases across the Houston area and throughout Texas. If you have lost a family member due to another party’s negligence, contact the firm today for a free, confidential consultation. There is no fee unless we recover for you.