Did you lose a loved one in a fatal accident in Houston, Texas? Was someone else’s negligence responsible for their death? You may have the right to pursue compensation from the at-fault party. Call The de la Garza Law Group at (713) 784-1010 fora free consultation with a Houston wrongful death lawyer to learn more about your legal options.
Our legal team has 46 years of combined experience and a proven record of more than $50 million recovered for injured clients and families across Texas. We have the resources and skills to take on any case and defendant. We are the team you want on your side as you pursue justice.
Why Choose The de la Garza Law Group for Help With a Wrongful Death Claim in Houston, TX?
At The de la Garza Law Group, we understand that wrongful death cases are not just legal matters; they involve profound loss and a demand for accountability. You deserve an experienced Houston wrongful death attorney as you seek justice.
Clients trust our Houston personal injury attorneys because:
- We have extensive experience handling complex wrongful death and catastrophic injury cases under Texas law
- Our firm has recovered over $50 million for clients through settlements and verdicts
- Our success has been recognized by the National Trial Lawyers, Super Lawyers, the National Association of Distinguished Counsel, and other top organizations
- We are fluent in English and Spanish, and provide services to clients who speak only Spanish
- We provide personalized attention to every client and are always available to answer your questions and calls
- We work on a contingency fee basis, meaning you only pay attorney’s fees if we recover compensation for you.
We believe every life has value, and every family deserves to be heard. Our attorneys work tirelessly to ensure your loved one’s story is told and honored. Contact us today for a free consultation with a Houston wrongful death lawyer.
What Is a Wrongful Death Under Texas Law?
Texas law defines wrongful death as a death that occurs due to the wrongful act, neglect, or carelessness of another person or entity. If your loved one would have been able to file a personal injury lawsuit had they survived, you may be entitled to bring a wrongful death claim.
Most wrongful deaths are connected to negligence or human error. However, they can also stem from intentional violence and strict liability incidents. Examples include motor vehicle collisions, workplace accidents, medical malpractice, defective products, and acts of violence.
Our team can help you determine if your case qualifies for a wrongful death lawsuit. Reach out to us today to learn more about your rights and legal options.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who may file a wrongful death lawsuit. Only certain surviving family members have standing to bring a claim.
Eligible individuals include:
- The surviving spouse
- Children of the deceased, including legally adopted children
- Parents of the deceased
If the spouse, child, or parent does not file within three months, the executor or administrator of the estate may be able to file unless the family asks them not to.
Any compensation recovered in a wrongful death case is intended to benefit all eligible surviving relatives who suffered losses as a result of the death. Eligibility can become complicated in cases involving blended families or disputes among survivors. Our attorneys can help you clarify who has the legal right to file a wrongful death lawsuit and ensure your family’s claim is handled properly.
How Much Is a Wrongful Death Case Worth in Houston?
The value of your wrongful death claim depends on the unique facts of your case. While no amount of compensation can properly reflect the value of your loved one’s life, a successful wrongful death claim can provide critical financial support to address your needs moving forward.
Several factors influence the value of a wrongful death case in Houston, including:
- The age, health, and life expectancy of the deceased
- Their income, earning capacity, and financial contributions to the household
- The loss of emotional support, companionship, and guidance
- Medical expenses incurred before death
- Funeral and burial costs
At The de la Garza Law Group, we work closely with financial experts and other specialists to evaluate the full economic and personal impact of your loss. Our goal is to pursue compensation that reflects both the financial contributions your loved one would have provided and the profound emotional loss suffered by your family.
What Types of Compensation Are Available in a Texas Wrongful Death Case?
Texas wrongful death law allows families to recover compensation for both economic and non-economic damages to address the consequences of a fatal loss. Together, these are meant to cover the financial, personal, and emotional effects of a wrongful death.
Depending on the circumstances of your case, your damages award may include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Loss of income and financial support
- Loss of inheritance or benefits
- Loss of companionship, comfort, and society
- Loss of parental guidance for surviving children
- Mental anguish and emotional suffering
In certain cases, courts may also award exemplary (punitive) damages to punish the at-fault party for extreme misconduct, such as driving under the influence. However, these are rare.
Our Houston wrongful death attorneys carefully evaluate every potential category of damages to ensure your family’s losses are fully accounted for.
Can You Recover Compensation Under Texas Law if Your Loved One Was Partially at Fault?
Texas follows a modified comparative negligence rule, often referred to as “proportionate responsibility.” If your loved one was partly at fault, your family may still recover compensation. But your loved one must have been less than 51% responsible for the incident. Any compensation awarded will be reduced by your loved one’s percentage of fault.
For example, if a jury determines that your loved one was 20% at fault and awards $500,000 in damages, your family’s recovery would be reduced to $400,000. If your loved one is found to be 51% or more at fault, Texas law eliminates your right to recovery.
Insurance companies frequently rely on this rule to shift blame onto the deceased in an effort to reduce or deny wrongful death claims. Our attorneys will challenge unsupported allegations using multiple forms of evidence and strategies designed to show what actually happened.
Common Causes of Wrongful Death in Houston
Houston’s size, traffic congestion, and industrial activity contribute to a wide range of fatal accidents. Many wrongful deaths stem from common acts of negligence, which are almost always preventable.
Some of the most common causes of wrongful death in Houston include:
- Motor vehicle accidents
- Commercial truck accidents
- Workplace and construction site accidents
- Oilfield and industrial accidents
- Medical malpractice and hospital negligence
- Defective or dangerous products
- Premises liability incidents
- Criminal acts and violent conduct
Our firm conducts in-depth investigations to identify every contributing factor in your loved one’s death and every potentially liable party. Our goal is to unlock every source of compensation that can help make you whole after your loss.
How Long Do You Have to File a Wrongful Death Lawsuit in Texas?
Texas law generally imposes a two-year statute of limitations on wrongful death claims. This deadline usually begins on the date of death. If you fail to file within this timeframe, your family may permanently lose the right to pursue compensation.
Certain limited exceptions may apply, but they are narrow. That’s why it is critical to speak with a wrongful death attorney as soon as possible to protect your claim and comply with all deadlines.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Houston?
Most wrongful death cases are handled on a contingency fee basis, meaning there are no upfront legal costs for your family. Additionally, you do not pay retainers or hourly fees while your case is ongoing.
Instead, you only pay attorney’s fees if your attorney recovers money for you through a settlement or verdict. These fees will come from a percentage of your award, which is agreed upon at the start of your case. If there is no recovery, you owe no attorney’s fees.
At The de la Garza Law Group, we offer free consultations and contingency fee representation to all wrongful death clients.
Contact Our Houston Wrongful Death Lawyers for a Free Consultation
Navigating the legal system while grieving can feel overwhelming. At The de la Garza Law Group, we are committed to guiding families through the wrongful death process with a full focus on seeking justice and accountability.
We have 46 years of combined experience and have recovered more than $50 million. Our firm has the resources and dedication needed to pursue justice on your family’s behalf.
Contact The de la Garza Law Group today to schedule your free, confidential consultation with a Houston wrongful death attorney. We are here to stand with you and help you get answers.
Visit Our Personal Injury Law Office in Houston, TX
The de la Garza Law Group
1616 S Voss Rd Suite 870,
Houston, TX 77057
(713) 784-1010
24/7
