Experienced Houston Wrongful Death Attorney Serving Communities Throughout Texas
Losing a loved one in a preventable accident is devastating. While there is nothing that will ever be enough to make up for such a tragic loss, you and your family deserve justice and financial support.
Through a Texas wrongful death claim, family members of the deceased have the right to file a lawsuit against the responsible party. Wrongful death claims are complex legal cases — plaintiffs need professional representation.
At the Milano Legal Group Accident Attorneys, our Houston wrongful death attorneys are compassionate and committed advocates for individuals and families in Texas. If your loved one was killed as a result of negligence, we are here to help you get accountability. To get a free, no obligation consultation with our Texas wrongful death lawyer, do not hesitate to call us at our Houston law office today.
Wrongful Death Cases We Handle in Houston, TX
Wrongful death claims come in a wide range of different forms. If your loved one was killed because of the negligence of a motorist, a property owner, a corporation, or any other party, you should consult with a qualified attorney right away.
At the Milano Legal Group Accident Attorneys, our Houston wrongful death lawyers handles all types of wrongful death claims, including:
- Car accidents;
- Motorcycle wrecks;
- Pedestrian collisions;
- Eighteen wheeler accidents;
- Drunk driving accidents;
- Dangerous and defective products; and
- Premises liability claims.
Texas Wrongful Death Law: Understanding the Basics
A wrongful death is one that occurs as a result of negligence, carelessness, or recklessness. In Texas, this type of legal claim is brought under the state’s wrongful death statute (Tex. Civ. Prac. & Rem. Code § 71.001).
In order to hold a defendant or an insurance company legally liable for a fatal accident, a plaintiff must be able to prove that the defendant’s wrongful actions or inactions — meaning their negligence, recklessness, or carelessness — contributed to the death.
Who Can File a Wrongful Death Lawsuit in Texas
Unfortunately, not every close friend or close loved one of the deceased has the right to file a wrongful death lawsuit.
Under Texas law, only certain parties are eligible to bring a wrongful death case. The primary right to file a wrongful death lawsuit rests with the surviving spouse, surviving children, and/or the surviving parents. Within the first three months, these are typically the only parties that have the legal ability to file a claim.
However, if there is no spouse, child, or parent who is available or willing to bring a wrongful death lawsuit, then a personal representative or the estate of the victim will have the right to pursue legal action. In some cases, sorting out who can or should file the claim is a complicated endeavor.
In wrongful death claims there is a two-year statute of limitations to settle your case or file a lawsuit against the liable party. Texas Civil Practice and Remedies Code Section 16.003(b)
If you have any questions or concerns about eligibility and Texas wrongful death claims, call an experienced wrongful death attorney in Houston for immediate assistance.
Compensation Available through a Wrongful Death Claim
Unfortunately, even in wrongful death cases, corporations and insurers often fight aggressively to limit the value of a settlement.
You can expect an insurance company to try to resolve the case for far less than you and your family deserve. You need a wrongful death attorney in Houston, TX who knows how to hold defendants and insurance companies accountable.
Among other things, wrongful death damages can include:
- Out-of-pocket medical bills;
- Funeral and burial expenses;
- Loss of economic benefits, including insurance coverage;
- Mental anguish; and
- Loss of love, consortium, and companionship.
In some limited wrongful death cases punitive damages may also be made available. Under Texas Law (Tex. Civ. Prac. & Rem. Code § 41.001), punitive damages (exemplary damages) can be awarded in cases in which a defendant engaged in especially harmful or reckless behavior. Although they are awarded to the plaintiffs, exemplary damages are not tied to a specific loss — they are meant to punish the defendant.
Wrongful Death in Texas: What is a Survival Action Claim?
Survival action claims are often confused with wrongful death claims. While the two are often intertwined, they are distinct legal claims.
It is crucial that family members of the victim understand the differences between the two. With a wrongful death claim, eligible family members can seek financial compensation for their personal losses. In contrast, a survival action claim allows the representatives of the deceased to seek damages that the victim would have been able to recover had they survived the accident.
Our Houston, TX wrongful death lawyer can help you bring a survival action claim as well.
Why Choose the Milano Legal Group Accident Attorneys
We understand that no amount of money will ever be able to come close to making up for the loss of a family member. But we also know that your family deserves justice, accountability, and financial support.
We are committed to making the wrongful death claims and settlement process as easy as possible for our clients. Our legal team is prepared to deal with all aspects of your legal case. Among other things, our Houston, TX wrongful death attorney will:
- Explain your rights and options during a free consultation;
- Answer your questions and address your concerns;
- Investigate the accident, obtaining evidence to prove liability;
- Document your economic and noneconomic damages;
- Handle settlement negotiations with defendants and insurance companies; and
- Build a compelling, successful wrongful death claim.
Similar to other personal injury claims, many wrongful death lawsuits are settled before any litigation commences. We have experience representing families in settlement negotiations. At the same time, our law firm is trial-tested. We are always ready to take your claim to court.
Get Help From Our Houston Wrongful Death Lawyer Right Away
At the Milano Legal Group Accident Attorneys, our Houston wrongful death lawyers are compassionate and effective advocates for clients.
If your loved one was killed in an accident, we are here to handle your legal issues and hold the negligent party responsible while you focus on your family.
To set up a free, no obligation consultation, please contact us today.
With an office in Houston, we handle wrongful death claims in Harris County and throughout Texas.