Houston Wrongful Death Attorney

Representation for Wrongful Death Lawsuits in Texas

The Law Offices of Jed Silverman understands that no amount of money can ever replace the loss of a loved one. However, in cases where a wrongful death was caused by negligence or misconduct, we can help you seek justice and financial compensation to ease the burden during this incredibly difficult time.

How We Can Help:

• Investigate the cause of death and identify the at-fault party.
• Gather evidence to build a strong wrongful death claim.
• Negotiate with the insurance company to secure a fair settlement.
• Represent you in court if necessary.
• Handle all legal matters so you can focus on healing and grieving.

If you have lost a loved one due to someone else's negligence, contact The Law Offices of Jed Silverman today for a free consultation. We are here to support you through this challenging time.

What Constitutes Wrongful Death?

Texas law recognizes "wrongful death" and allows surviving family members to seek justice and compensation. In Texas, a wrongful death occurs when a person's death is caused by the negligence or intentional act of another person or entity. This can include situations such as:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Violent crimes

Who Can File a Wrongful Death Claim in TX?

Texas law allows certain family members to file a wrongful death claim to recover compensation for their loss. In Texas, the following individuals can file a wrongful death claim:

• Spouse of the Deceased: A surviving spouse has the first right to file a wrongful death claim.
• Children of the Deceased: If there is no surviving spouse, biological or adopted children of the deceased can file a claim.
• Parents of the Deceased: In the absence of a spouse or children, the parents of the deceased may file a claim if the deceased was unmarried and had no children.

Order of Precedence:

Texas law establishes a clear order of precedence for who can file a wrongful death claim. The spouse has the first right, followed by children, and finally, the parents (under specific circumstances).

Types of Wrongful Death Claims

There are various types of wrongful death claims, including:

• Car accident fatalities
• Medical malpractice resulting in death
• Workplace accidents causing death
• Product liability wrongful death
• Premises liability wrongful death

Damages Available in a Wrongful Death Claim

Losing a loved one unexpectedly is a devastating experience. While no amount of money can truly replace your loss, a successful wrongful death claim can help ease the burden and provide some measure of justice. In a successful wrongful death claim, surviving family members may be entitled to compensation for:

Economic Damages:

• Medical and Funeral Expenses: This includes costs associated with the final illness or injury that led to death, as well as funeral and burial expenses.
• Loss of Financial Support: This compensates for the financial contributions your loved one would have made to the family if they had lived. This includes lost wages, benefits, and potential future earnings.
• Loss of Household Services: The value of the services your loved one provided around the house, such as childcare, housekeeping, and yard maintenance.

Non-Economic Damages:

• Loss of Companionship: Compensation for the emotional loss of companionship, guidance, love, and support you would have received from your loved one.
• Mental Anguish: The emotional distress, grief, and suffering experienced by surviving family members due to the loss.
• Loss of Inheritance: This applies if your loved one's death diminishes the inheritance you would have received.

Factors Affecting Damages:

The amount of compensation awarded depends on various factors, including:

• The severity of your loved one's injuries
• The age and earning capacity of the deceased
• The financial dependence of surviving family members
• The strength of the evidence proving the defendant's negligence

How to Prove Wrongful Death in Texas: The Burden of Proof

The sudden loss of a loved one due to someone else's negligence is an unimaginable tragedy. In Texas, wrongful death lawsuits offer a path towards justice and financial compensation for surviving family members. However, winning a wrongful death claim requires meeting the burden of proof.

To win a wrongful death claim in Texas, you must prove the following:

1. The Death of Your Loved One:

This may seem self-evident, but official documentation like a death certificate is crucial evidence.

2. The Death Was Caused by the Defendant's Actions:

Here's where things get more complex. You need to demonstrate that the negligence or intentional act of the defendant directly caused your loved one's death.

• Negligence: This is the most common cause in wrongful death claims. It involves the defendant failing to act with reasonable care, resulting in your loved one's death. Examples include drunk driving accidents, medical malpractice, or workplace safety violations.
• Intentional Act: In some cases, the defendant's deliberate act caused the death. This could be situations like assault, murder, or product liability where a defective product led to a fatality.

3. You Are a Qualified Beneficiary:

Texas law dictates who can file a wrongful death claim. Eligible beneficiaries include:

• Spouse of the deceased
• Children of the deceased
• Parents of the deceased (if unmarried and childless)
• Estate of the deceased (if no surviving spouse, children, or parents)

Building a Strong Case:

An experienced wrongful death attorney can help gather evidence to support your claim. This may include:

• Police reports and accident scene investigations
• Medical records documenting the cause of death
• Witness statements
• Expert testimony (accident reconstruction specialists, medical professionals)

The Preponderance of the Evidence Standard:

Texas uses a "preponderance of the evidence" standard. This means you need to show it's more likely than not (over 50%) that the defendant's actions caused your loved one's death.

What is the Statute of Limitations in Texas?

The statute of limitations for filing a wrongful death claim in Texas is generally two years from the date of death. However, it's crucial to consult with an attorney as soon as possible to ensure you meet all deadlines.

Get the Representation You Need

The loss of a loved one is devastating. The Law Offices of Jed Silverman understands the emotional and financial hardships wrongful death can cause. We are committed to helping you navigate the legal process and fight for the compensation you deserve.

Contact us today for a free consultation to discuss your wrongful death case. We are here to help you during this difficult time.