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Losing a loved one is always heartbreaking, but when their death was caused by someone else’s careless or intentional actions, the grief can be overwhelming. Under Texas law, this type of loss is considered a “wrongful death,” and surviving family members have the right to seek justice and compensation through legal action.

At Dodson Law Firm, PLLC, our Houston wrongful death attorneys are here to guide you through this difficult time and fight for the accountability and financial recovery your family deserves. Contact us today for a free, confidential consultation to discuss your legal rights and options.

What is a Wrongful Death Claim?

A wrongful death claim is a type of civil lawsuit that allows certain family members to seek damages when their loved one dies due to the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity.

Some common scenarios that give rise to wrongful death claims include:

  • Fatal car accidents caused by negligent drivers
  • Medical malpractice resulting in patient death
  • Defective products that malfunction and cause lethal injuries
  • Workplace accidents due to unsafe conditions or lack of training
  • Criminal acts like assault or murder

Under the Texas Wrongful Death statutes, the surviving spouse, children, and parents of the deceased person are eligible to file a wrongful death claim.

Proving Fault in a Wrongful Death Case

Most wrongful death lawsuits are based on a legal theory called negligence. To prevail in a negligence claim, our attorneys must prove four key elements:

  1. Duty: The defendant owed your loved one a duty of care to act reasonably and avoid causing foreseeable harm.
  2. Breach: The defendant breached this duty by doing something wrong or failing to do what a reasonable person would under the circumstances.
  3. Causation: The defendant’s breach of duty directly and proximately caused your family member’s death.
  4. Damages: Your loved one’s death resulted in compensable losses, such as medical bills, funeral expenses, lost income, and emotional trauma.

Other potential grounds for a wrongful death claim include intentional misconduct and strict liability for inherently dangerous activities. Our experienced wrongful death lawyers will investigate the circumstances of your loved one’s passing and gather all available evidence to build the strongest case possible.

Damages Available in Texas Wrongful Death Claims

The purpose of a wrongful death claim is to compensate surviving family members for the losses they have suffered, both tangible and intangible. While no amount of money can ever replace your loved one, a financial recovery can help ease the burden during this challenging time.

Damages that may be available in a Texas wrongful death case include:

  • Medical expenses related to your loved one’s final injury or illness
  • Funeral and burial costs
  • Lost earning capacity and expected income, including future wages and benefits your loved one would have provided
  • Loss of inheritance, including what your loved one would likely have saved and left to surviving family members
  • Mental and emotional anguish, sorrow, and suffering
  • Loss of love, companionship, comfort, society, and support
  • Loss of services, care, advice, counsel, and maintenance provided by your deceased family member

In rare cases involving willful acts or gross negligence, punitive damages may also be awarded to punish the wrongdoer and deter future misconduct.

Wrongful Death Claims vs. Survival Actions

Texas law distinguishes between wrongful death claims and survival actions, which are sometimes pursued together. While a wrongful death claim compensates losses suffered by the surviving family members after their loved one’s passing, a survival action allows the deceased person’s estate to recover damages the victim sustained before death.

These may include medical bills, conscious pain and suffering, and funeral expenses. Our attorneys can advise you on whether you have grounds for both types of claims in your specific case.

Statute of Limitations for Wrongful Death Lawsuits in Houston

The statute of limitations for most wrongful death lawsuits is two years from the date of the person’s death. If you wait too long to file suit, you could lose your right to seek compensation through the civil justice system.

There are some rare exceptions that may extend the deadline in certain circumstances. It’s always best to consult an experienced Houston wrongful death lawyer who can evaluate your case and ensure all filing requirements and deadlines are met to protect your claim.

How Our Houston Wrongful Death Lawyers Can Help

At Dodson Law Firm, we understand that no lawsuit can undo your devastating loss. Our goal is to handle all the legal heavy lifting so you can focus on honoring your loved one’s memory and beginning to heal.

When you work with our Houston wrongful death attorneys, you can count on us to:

  • Provide a free, no-obligation consultation to discuss your rights and options
  • Perform an independent investigation into the cause of your loved one’s death
  • Identify all potentially liable parties and sources of compensation, including insurance coverage
  • Gather and preserve evidence to prove fault, such as accident reports, medical records, eyewitness statements, and expert analyses
  • Handle all communications and negotiations with insurance companies and defense lawyers
  • Keep you informed and answer any questions throughout the process
  • Work with expert witnesses as needed to strengthen your case, such as accident reconstructionists, medical specialists, economists, and psychologists
  • Prepare your case for trial while pursuing the maximum settlement available
  • Advance all litigation costs so you pay no upfront fees and only owe us if we win money for you

We have a track record of successfully representing families like yours in wrongful death cases against powerful adversaries. Our attorneys are not afraid to go up against large corporations, government entities, and well-funded defendants in our pursuit of justice.

Dedicated Advocacy for Grieving Families in Houston

At Dodson Law Firm, we understand that every wrongful death case is different, and every grieving family has their own story to tell. We take the time to listen to your experiences, concerns, and goals so we can craft a tailored legal strategy to meet your needs. Our team will treat you with the utmost compassion, respect, and professionalism as we guide you through the legal process.

You can count on us to be your advocates and trusted advisors during this difficult chapter. We are committed to pursuing the maximum compensation you and your family deserve while holding the responsible parties fully accountable.

Getting Started with Your Houston Wrongful Death Claim

If your family member died in a preventable accident or due to someone else’s misconduct, you may have a limited time to seek legal recourse. The sooner you contact our Houston wrongful death lawyers, the better we can protect your rights and preserve evidence to support your claim.

To get started, please call our Houston office or fill out our online form to request your free case evaluation.

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