Why Choose Simmons and Fletcher, Houston Wrongful Death Lawyers?
During this difficult time of grief for you and your family, the last thing you need to be doing is researching different law firms and attempting to distinguish which one will best serve you. At Simmons & Fletcher, P.C., we’ll be the first to say that there are many great law firms in the Houston area, but we’re also confident in the special skills of our exceptional legal team and how hard they work to get justice for every client that comes their way.
Plus, we have the awards and successful results to back it up. Paul Cannon, one of our shareholders and esteemed attorneys, earned a Board Certification in Personal Injury Trial Law and has been recognized as a “Super Lawyer” from 2017 to the present. In 2023, the Houston Chronicle’s readers voted Simmons & Fletcher as the “Best Personal Injury Litigation Law Firm of 2023.” We have hundreds of glowing 5-star Google Reviews from our valued clients. Our track record of case results showcases the valuable work we’ve done to restore damages to deserving injury victims.
Most importantly, we hope to show you just how hard our personal injury lawyers will work to help you during this time of need. Reach out to our wrongful death law firm in Houston today to schedule a free initial consultation—we charge you no attorney fees, case costs, or litigation expenses unless we make a recovery for you.
Understanding Wrongful Death in Texas
What is Wrongful Death?
Wrongful death is a legal term to describe the tragic circumstances wherein a person loses their life due to the intentional or unintentional negligence of another party. Wrongful death accidents can happen anywhere; from fatal auto accidents to workplace accidents and more. Wherever and however these accidents occur, they leave behind a trail of grief, suffering, and hardship—and depending on the circumstances surrounding the death, surviving family members may potentially have the right to seek just compensation in the aftermath of their loved one’s untimely passing.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit allows surviving family members to hold liable parties responsible for the death of their loved one. If someone else’s negligence resulted in the demise of someone else, then they may be held legally and financially accountable for their actions. A successful wrongful death settlement can restore damages to the decedent’s family and estate so that they can continue to support and care for themselves in the absence of their deceased loved one.
Who Can File a Wrongful Death Claim?
Under the Texas Wrongful Death Statute, wrongful death claims can be filed by the surviving spouse, children (biological and/or legally adopted), and parents of the decedent. Typically, the children or the spouse are the primary wrongful death claimants. If the decedent didn’t have children or a legal spouse at the time of death, however, the decedent’s parents also have wrongful death eligibility and may pursue a wrongful death claim.
If no direct family members choose to file a wrongful death claim within three months, then any appointed executor or administrator of the estate is compelled to file a wrongful death lawsuit to pursue damages against a negligent party. If no estate exists, then a team of wrongful death attorneys can create the estate and work with the family to appoint an administrator.
Common Causes of Wrongful Death in Houston
In Harris County, Texas, wrongful death claims are more common than anyone would like. On average, the city of Houston sees between 500-600 fatal motor vehicle crashes per month, many of which could result in wrongful death cases. Car accidents may be one of the leading causes of mounting wrongful death cases, but these statistics are just the tip of the iceberg when it comes to how many needless fatalities happen in Texas. Wrongful death accidents can occur in a number of ways, with the most common wrongful death causes including:
- Car accidents;
- Motorcycle accidents;
- Truck accidents;
- Pedestrian accidents;
- Workplace accidents;
- Construction accidents;
- Maritime accidents;
- Medical malpractice;
- Oil rig explosions;
- Product liability accidents;
- Premises liability accidents;
- Slip and fall accidents.
Survival Claims vs. Wrongful Death Claims
Wrongful death claims seek to hold the negligent person or company accountable so that they are less likely to harm or cause the death of others in the future. The compensation in wrongful death claims serves to compensate surviving family members for the financial and emotional suffering they’ve endured as an after-effect of their loved one’s death.
Survival claims, however, seek to recover damages for pain and suffering experienced by the deceased individual premortem. These claims are also filed by the decedent’s family, but they’re used to provide justice for what their loved one experienced following their injury to the moments before death.
Only the decedent’s estate is eligible to receive any compensation granted through a survival claim. The executor or administrator of the estate must file the claim if they’re named in the will—if no official legal representative is named, then the decedent’s living heir can file the claim. In the absence of both these individuals, an extended family member or court-appointed representative can file. If a survival claim results in compensation, that money will be divided in accordance with the will.
If your loved one or family member seemingly suffered considerable pain before their passing, then our team of experienced Houston wrongful death attorneys can file both a wrongful death and a survival claim to protect the rights of the beneficiaries, heirs and the estate.
How Long Do I Have to File a Wrongful Death Claim: Statute of Limitations in Texas
The Texas wrongful death statute of limitations provides a two-year deadline for filing a claim. However, the two-year statute of limitations does not operate like other Texas tort statutes of limitations.
First off, there is no exception for minors to the wrongful death statute of limitations. (The only exception is the discovery rule.) Second, if a qualified wrongful death beneficiary does not file within three months of the death, then the estate administrator is compelled by statute to file a wrongful death lawsuit unless all of the wrongful death beneficiaries direct him not to.
This timeline also applies to survival claims. Do not make the critical wrongful death claim mistake of not filing all claims timely. In either case, it’s crucial to speak with a Houston wrongful death lawyer as soon as possible to ensure that all filing deadlines are met and you have the best possible chance of a successful claim.
How Much Is a Wrongful Death Lawsuit Worth in Texas?
It’s difficult to say precisely how much a wrongful death lawsuit is worth in Houston, TX—if someone does claim they can tell you, then they’re probably not being honest. What we can tell you, however, is what types of compensation and damages are available in a wrongful death claim. These potential damages offer compensation to make up for any economic and non-economic hardships that you and your family have faced since the loss of your loved one.
If your family member died as a result of someone else’s negligence, you may be entitled to wrongful death compensation for damages such as:
- Loss of Earning Capacity – money that the decedent would have reasonably been expected to earn and provide as a means of support to the beneficiaries.
- Loss of Household Services – the reasonable value of the services such as chores and assistance that the decedent would have provided to the family had he not been killed.
- Loss of Companionship, Consortium, and Society– the reasonable value of the loss of the love, counsel, and emotional support the decedent would have provided to the family.
- Mental Anguish – the value of the mental suffering and anguish you have endured due to the loss of a loved one.
- Loss of Inheritance – the value of the assets you would have reasonably anticipated receiving had the loved one lived a full life and passed those things on.
In addition to seeking compensation for these Texas wrongful death damages, a judge may also require the defendant to pay punitive damages. Punitive damages don’t seek to repay the family for any existing losses—instead, they seek to punish the defendant for any egregiously reckless or malicious actions that led to the death.
How to Establish Negligence in Wrongful Death Claims?
To prove negligence in wrongful death cases, you and your legal representation must prove the following four elements:
- Duty of Care: Before proving wrongful death, you must prove that the defendant owed the decedent a duty of care. For example, an Uber driver has a duty of care to drive safely to ensure the safety of passengers and other drivers on the road.
- Breach of Duty: In addition to proving duty of care, you must prove that the defendant breached that duty in a negligent or reckless manner. For example, an Uber driver who chooses to disobey the rules of the road has breached their duty of care.
- Causation: Then, you must prove that the breach of duty directly resulted in the death of your loved one or family member. For example, if an Uber driver’s recklessness led to a crash that caused the death of your loved one.
- Damages: Finally, you must show that you and your family have suffered economic and/or non-economic damages as a direct result of your loved one’s death. For example, if your loved one was the main provider and you’ve since lost the financial support needed to take care of your family.
What to Expect When Hiring Our Wrongful Death Lawyers?
When you choose to work with a skilled and compassionate wrongful death lawyer from Simmons & Fletcher, you get the legal representation that will fight by your side and support you as you grieve and care for yourself and your family members.
If you choose to work with us and we’re able to take on your case, we’ll guide you through the following process:
- Providing a free case review with no strings attached;
- Investigating the details of your claim;
- Finding evidence to establish negligence in your case;
- Hiring expert witnesses to recreate the accident and give their legal insight;
- Communicating with insurance companies on your behalf;
- Negotiating with defense lawyers to reach a fair settlement;
- Taking your case to trial if just compensation can’t be reached outside of court.
Call (713) 932-0777 to contact a knowledgeable and dedicated Houston wrongful death lawyer today for your free initial consultation.
FAQ's
How are wrongful death settlements calculated?
Wrongful death settlements are calculated based on a variety of factors, including expenses incurred throughout and after the accident, lost wages, lost future earnings, and emotional pain and suffering. Each case is unique and must be valued individually.
How do you divide a wrongful death settlement?
When a wrongful death case is settled, the division of the proceeds will depend upon several factors. First and foremost, the laws of the state where the claim is brought determine who the wrongful death beneficiaries are. In Texas, those beneficiaries include the surviving parents of the deceased, the surviving spouse, and any surviving children. Texas does not allow siblings to bring a claim like some other states do.
Second, every wrongful death beneficiary’s claim is an individual claim, even if they are using the same lawyer or law firm. Thus, the individual claims must be negotiated and evaluated based on their own merits. Some people may require professional emotional support while others do not. Thus, these sorts of things must be considered.
Third, if the group of wrongful death beneficiaries includes minor children of the deceased, then the court must approve the division of the proceeds as it pertains to children under 18. Even though you may negotiate a deal, the court can reject it. A minor settlement hearing will be required to obtain the court’s approval.
If the wrongful death claim goes to trial, it’s up to the jury to award compensation amounts based on the perceived extent of losses for family members.
Do other relatives have any wrongful death rights?
Surprisingly, brothers, sisters, aunts, uncles, cousins, and former spouses of the deceased are not granted a cause of action by the Texas Wrongful Death Statute and they may not sue for the wrongful death of their loved one. (Siblings are granted a cause of action under some other State’s wrongful death statutes.) Under the English common law, there was no claim for the wrongful death of another. Thus, those people not specifically given rights under the statute have none. However, some of these persons may qualify as heirs to the deceased person’s estate for purposes of survival action. Determining the proper parties in wrongful death cases can be difficult–which is why it is important to consult with a skilled injury law firm that understands wrongful death law.
What is the Texas wrongful death discovery rule?
Under the discover rule, if the wrongful death beneficiaries did not have reason to know the cause of death was due to someone else’s negligence, the statute of limitations does not begin to run until the wrongful death beneficiaries “knew or, exercising reasonable diligence, should have known of the facts giving rise to the cause of action.” See Marcus & Millichap Real Estate Investment Services of Nevada, Inc., vs Triex Texas Holdings, LLC, and Bryan Weiner. (Texas Supreme Court 2023)