Wrongful Death

Houston Wrongful Death Lawyers

In Texas, wrongful death claims arise when a loved one passes away because of another party’s negligence or misconduct, leaving family members to cope with grief as well as unexpected financial and emotional hardships.

Our team at Fertitta & Givens understands the profound impact such a loss has on every aspect of your life, and our mission is to handle your wrongful death claim with the utmost sensitivity and respect. As attorneys familiar with the unique challenges of Texas wrongful death law, we are committed to providing compassionate legal support during this difficult time, giving you space to grieve while we advocate on your behalf.

Navigating a wrongful death claim in the Houston area often means dealing with local courts, judges, and unique regional policies. We draw on our understanding of Harris County’s judicial process and local procedures to efficiently manage your claim from initial consultation to resolution. Clients frequently face emotional and logistical stress when handling paperwork, insurance communications, and court deadlines. Our legal experience in Houston’s civil courts supports families as we clarify each step required under Texas law and ensure proper documentation is submitted on time.

If you are coping with the aftermath of a wrongful death, call (346) 258-5803 or schedule a complimentary consultation to discuss how we can help you with your legal matters.

FAQs

What Is the Statute of Limitations for a Wrongful Death Lawsuit in Texas?

In Texas, families typically have two years from the date of their loved one’s death to file a wrongful death lawsuit. This time limit can be impacted by unique circumstances, so it’s important to consult with a legal team promptly to protect your right to seek compensation.

Can Multiple Family Members File a Wrongful Death Claim?

Yes, in Texas, surviving spouses, children, and parents may file a wrongful death claim individually or together. The court will coordinate the proceedings to include all eligible parties and reach a fair outcome for the family.

What Kinds of Compensation Are Available in a Houston Wrongful Death Lawsuit?

Families may pursue both economic damages, covering financial losses like lost income and medical expenses, and non-economic damages, such as pain and suffering or loss of companionship. In some cases, the court may also award punitive damages if the responsible party acted with gross negligence or reckless disregard.

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Understanding Wrongful Death Claims in Houston

Under Texas law, specifically Texas Civil Practice and Remedies Code Section 71.001, a wrongful death claim arises when a person dies because of the “wrongful act, neglect, carelessness, unskillfulness, or default” of another individual or entity. This broad standard provides a legal pathway for families and survivors to hold the responsible parties accountable for their actions.

Examples of cases leading to a wrongful death claim include:

A fatal car accident caused by a drunk driver
The passing of a loved one due to medical malpractice
A workplace incident resulting from unsafe practices
A product defect that leads to a catastrophic failure, resulting in death
An act of violence where safety measures were negligently inadequate

No matter the specific circumstances, any death caused by someone else’s actions may be grounds for a wrongful death claim, and our attorneys are equipped to handle all types of claims.

Families considering a wrongful death claim should understand the legal standards and procedures involved. The process begins with gathering substantial evidence to prove liability, including police reports, medical evaluations, and eyewitness accounts. This thorough evidence collection is crucial to demonstrate the extent of negligence or misconduct by the responsible party. The statute of limitations in Texas typically requires filing within two years from the date of death, so prompt action can help preserve the ability to pursue a claim with help from a wrongful death lawyer in Houston.

Houston’s size and diversity mean wrongful death cases arise from a range of incidents unique to our region, such as industrial accidents tied to the shipping and petrochemical industries or multi-vehicle crashes on local highways like I-45 and Beltway 8. Understanding local factors helps us accurately investigate liability and advocate for families navigating the Houston civil justice system. As we handle cases in Harris County and neighboring areas, we pay special attention to regional data and local court schedules that may affect the timing and process of your wrongful death claim. Drawing on our experience in Houston allows us to prepare families for what to expect through each phase of the process.

Who Can File a Wrongful Death Claim in Houston?

In Texas, the law defines who has the right to pursue justice through a wrongful death claim. This right extends specifically to the immediate family members of the deceased, reflecting the importance of close family relationships during such a difficult time.

Individuals who may file a wrongful death claim typically include surviving spouses, children, and parents of the decedent. Each of these relationships bears a unique loss, and Texas law recognizes that impact through the courts.

As your legal advocates, we recognize that standing up for your loved one’s rights is a deeply personal matter, and we are here to guide you through the process with sensitivity and respect.

Families who qualify to file often face questions about their legal standing in Houston-area courts. The local civil system honors Texas family statutes but also has its own filing requirements and timelines. When multiple eligible family members wish to pursue a wrongful death claim, coordination among parties becomes essential. Our law firm assists families by reviewing all potential claimants and ensuring documents are filed in accordance with Harris County court rules. This thorough approach supports your case from the earliest filings through any potential court proceedings, giving every eligible family member the chance for their voice to be heard.

Types of Damages Available in Houston Wrongful Death Claims

When pursuing a wrongful death claim in Texas, two primary categories of damages are considered: economic and non-economic damages.

Economic damages refer to the tangible, financial contributions the deceased would have provided, such as lost wages, medical bills incurred before death, funeral expenses, and loss of inheritance. These are measurable losses validated by documentation.

Non-economic damages address the less tangible effects of loss, including compensation for emotional anguish, pain and suffering experienced by surviving family members, loss of companionship, and loss of society and comfort.

In some wrongful death cases, punitive damages apply. These damages do not compensate for direct losses but instead serve to penalize the wrongdoer for especially egregious or reckless conduct and deter similar behavior in the future.

Navigating the types of damages in a wrongful death claim often requires thorough documentation and testimony to show the impact of the loss. Families should keep detailed records of related expenses and losses and communicate closely with their legal team to ensure that every aspect—economic and emotional—is considered. Courts factor in the survivor’s relationship to the deceased, financial dependency, and the anticipated lifespan and earning potential of the deceased when awarding compensation.

In Houston, judges and juries review a broad picture of the family’s loss, taking into account the deceased’s employment, community involvement, and the household’s unique needs. Economic damages may be affected by average wage trends in the region, and non-economic damages are often shaped by the way the family dynamic has changed since the loss. Attorneys frequently gather reports from local financial or psychological professionals to help demonstrate the full scope of damages, so each survivor’s claim can be accurately valued under Texas law.

Wrongful Death Lawsuit Timeline & What to Expect in Houston

Wrongful death lawsuits in Houston follow a timeline that includes several distinct phases, each with its own legal and administrative requirements. After a family contacts an attorney, the process typically begins with an investigation and the collection of evidence. Attorneys evaluate police reports, accident scene documentation, and relevant medical records. The pre-lawsuit process may involve negotiation with insurance companies or potential defendants. Only if a settlement cannot be reached will your legal team file a petition in Harris County Civil Court or another appropriate local jurisdiction.

Cases move forward through pleadings, where each party presents formal claims and defenses. Discovery follows, with both sides exchanging documents, answering questions, and conducting depositions of involved parties and witnesses. During this time, local court rules and schedules set specific deadlines families must meet to keep their case active. Mediation is often required before trial and may lead to resolution without the need for a public hearing. If mediation fails to bring closure, the case can proceed to trial, where a Houston-area judge or jury will hear arguments and render a decision.

Families in Houston benefit from legal representation familiar with the local courts, as lawyers guide them through each stage, manage communications, and help meet all procedural requirements. The timeline for resolving a wrongful death lawsuit can range from several months to over a year, depending on the complexity and willingness of all parties to negotiate.

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Built on a Foundation of Compassion for the Communities of Texas

At Fertitta & Givens, we are deeply committed to the communities we serve across Texas. Our work extends beyond the courtroom as we engage with local organizations and support initiatives that aim to improve the safety and well-being of residents in the Houston area and beyond. We believe that a holistic approach to legal representation includes staying informed and active within the local community, ensuring we are attuned to the evolving needs and concerns of those we represent.

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Proving Liability in a Wrongful Death Claim

To prove liability in a wrongful death claim, we must establish four key elements:

Duty of Care: We must show that the defendant owed a duty of care to the deceased, which means they were required to act with a reasonable level of responsibility to avoid causing harm.
Breach of Duty: We need to demonstrate that this duty was breached by negligent or intentionally harmful actions.
Causation: There must be a direct link between the breach and the death, known as causation.
Damages: We must document that your family suffered actual losses from your loved one’s passing, including both economic and non-economic harm.

As your legal representatives, we can navigate through these elements meticulously, aiming to construct a compelling case on your behalf.

Common Causes of Wrongful Death in Houston

Houston’s diverse economy and rapid growth mean a range of accidents and unsafe conditions can lead to wrongful death claims. Auto and truck accidents are frequently reported in Harris County due to heavily trafficked roads such as the Southwest Freeway and Sam Houston Tollway. Fatal collisions often involve impaired, distracted, or reckless drivers. In addition to motor vehicle incidents, Houston’s large industrial sector contributes to workplace accidents, including fatal injuries from equipment failures or exposure to hazardous materials.

Other wrongful death claims in Houston may result from defective consumer products, unsafe premises, or negligent security at apartment complexes, events, or businesses. The city’s expansive medical community also means that medical malpractice cases, from surgical mistakes to failures in diagnosis or treatment, pose ongoing risks for families. Our attorneys investigate each scenario thoroughly, drawing on local resources and a network of independent consultants to trace the facts and uncover the cause. By understanding these patterns, we anticipate common defense strategies and build a comprehensive case for families seeking accountability and closure.

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How Fertitta & Givens Can Help

At Fertitta & Givens, we approach your wrongful death claim with a blend of comprehensive legal knowledge and sincere personal care. As dedicated wrongful death attorneys in Houston, we aim to provide both professional and empathetic support as you go through this difficult chapter.

We conduct thorough investigations into your claim, gathering the right evidence and testimony to present a strong argument. By documenting the full impact of your loss, we work to present all relevant damages clearly and persuasively.

Our team guides you through the legal system, keeping you informed and involved at every stage.

We recognize the weight of sorrow that these claims carry. We want you to know that we are not just your attorneys but also your allies and supporters. Our commitment is to help shoulder the legal burdens so you can focus on healing, remembering, and honoring your loved one’s legacy.

You don’t have to navigate this alone—our compassionate team will guide you every step of the way.

Based in Houston, our firm combines local insight with in-depth legal understanding. We know the processes at the Harris County Civil Courthouse and tailor our approach to each family’s circumstances. Houston’s diverse population means families face unique challenges when communication or cultural issues arise; we remain mindful of these realities. Our attorneys draw on their litigation experience to help you navigate every obstacle and provide transparent updates on all milestones in your case. With our strong community ties, we stand beside you—whether you need help understanding court notices, preparing for mediation, or organizing important case documents.

Call (346) 258-5803 or contact us online to schedule a free initial consultation with a Houston wrongful death attorney at Fertitta & Givens today.

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