Understanding Wrongful Death Claims in Texas
A wrongful death claim arises when an individual’s death results from the negligence, recklessness, or intentional actions of another party. These claims aim to hold the responsible party accountable and compensate the deceased’s family for their loss.
Common Causes of Wrongful Death:
Automobile Accidents: Fatalities resulting from car, truck, or motorcycle accidents due to negligent driving.
Medical Malpractice: Deaths caused by medical professionals’ errors, misdiagnoses, or negligence.
Workplace Accidents: Fatal incidents occurring in unsafe work environments or due to inadequate safety measures.
Defective Products: Deaths resulting from malfunctioning or dangerous products.
Criminal Acts: Homicides or other fatal criminal activities.
Who Can File a Wrongful Death Lawsuit in Texas?
In Texas, the right to file a wrongful death lawsuit is governed by specific statutes:
Immediate Family Members: The deceased’s spouse, children (including adopted children), and parents have the right to file a wrongful death claim.
Estate Representative: If none of the immediate family members file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the lawsuit, unless all immediate family members request that no claim be filed.
It’s important to note that Texas imposes a statute of limitations of two years from the date of death to file a wrongful death lawsuit. Missing this deadline can forfeit the right to seek compensation.
Potential Compensation in Wrongful Death Cases
Compensation, or damages, in wrongful death cases can be both economic and non-economic:
Economic Damages:
Medical Expenses: Costs incurred for medical treatment prior to death.
Funeral and Burial Costs: Expenses related to laying the deceased to rest.
Loss of Financial Support: Income the deceased would have provided to the family.
Loss of Benefits: Such as health insurance or retirement benefits.
Non-Economic Damages:
Pain and Suffering: Emotional distress experienced by surviving family members.
Loss of Companionship: Deprivation of the deceased’s presence, love, and guidance.
Emotional Distress: Psychological impact of the sudden loss.
In certain cases, punitive damages may also be awarded to punish particularly egregious behavior and deter similar actions in the future.
Selecting the Right Wrongful Death Attorney in Houston
Choosing a competent and compassionate attorney is vital to navigating a wrongful death claim effectively. Consider the following factors:
Experience and Specialization:
Opt for attorneys who specialize in wrongful death and personal injury cases.
Review their track record of successful settlements and verdicts.
Reputation and Client Testimonials:
Research client reviews and testimonials to gauge satisfaction and outcomes.
Check for any disciplinary actions or complaints filed against the attorney.
Resources and Legal Team:
Ensure the attorney has adequate resources, including access to expert witnesses and investigative teams.
Communication and Compassion:
The attorney should demonstrate empathy and maintain open lines of communication.
They should be willing to explain legal processes clearly and keep you informed.
Notable Wrongful Death Attorneys in Houston
Here are some reputable law firms and attorneys in Houston specializing in wrongful death cases:
1. Rusty Hardin & Associates, P.C.
Attorney: Rusty Hardin
Overview: Renowned for representing high-profile clients and achieving favorable verdicts in complex cases.
Location: Houston, TX
Notable Cases: Successfully defended Arthur Andersen during the Enron scandal and represented various professional athletes. citeturn0search14
2. Jim Adler & Associates
Attorney: Jim Adler
Overview: Known as “The Texas Hammer,” Adler’s firm focuses on personal injury and wrongful death cases, emphasizing aggressive representation.
Location: Houston, TX
Notable Cases: Represented victims of the Astroworld Festival tragedy in 2021. citeturn0search16
3. Giddens & Burns
Attorney: Albert Lee Giddens
Overview: Specializes in personal injury and wrongful death litigation, with a history of handling significant cases across Texas.
Location: Houston, TX
Notable Cases: Represented families in wrongful death claims following industrial accidents, securing substantial awards. citeturn0search12
4. Simon Greenstone Panatier, PC
Attorneys: Jeffrey B. Simon, David C. Greenstone, Christopher J. Panatier
Overview: A law firm specializing in personal injury litigation and tort liability, including wrongful death cases.
Location: Houston, TX
Notable Cases: Achieved significant verdicts in asbestos-related wrongful death cases.