Houston Wrongful Death Lawyer

Losing a loved one is devastating under any circumstances, but when your loss is due to another person’s negligence or recklessness, the situation can become as complicated and overwhelming as it is emotional.

In such cases, you may be entitled to compensation. However, in the aftermath of such a traumatic experience, when the only thing you should be concerned about is grieving, the thought of dealing with a wrongful death lawsuit can be too much to bear for the victim’s family.

That is where the help and support of the right attorney can make all the difference in the world.

At DeHoyos Accident Attorneys, PLLC, our compassionate and highly knowledgeable legal team understands the emotional complexities of wrongful death lawsuits.

We can shoulder the substantial burden of dealing with the insurance company and arranging fair compensation for your losses while you focus on your emotional healing and well-being.

Lawsuits can become very complex very quickly. Ryan DeHoyos has the legal experience and skills to help you and your family move on with your lives with some measure of compensation for your great loss.

What is Wrongful Death?

Wrongful death occurs when a person dies as a result of another party’s negligence, reckless behavior, or intentional misconduct. In these cases, surviving family members or beneficiaries have the right to seek compensation through a wrongful death lawsuit. 

The goal is to hold the responsible party accountable and provide financial support for the family’s economic and emotional losses. 

In Texas, wrongful death claims can arise from car accidents, medical malpractice, workplace incidents, or criminal actions like assault.

Why hire a Houston wrongful death lawyer to recover damages?

Most wrongful death claims in Houston require a lawsuit, investigation, and expert testimony. To succeed, you must prove the following:

• Duty of care: The defendant owed the victim a duty (e.g., on the road, in a medical facility, or workplace).
• Breach of duty: The defendant violated this duty (e.g., ignoring safety regulations or substandard property conditions).
• Causation: The breach directly led to the victim’s death (e.g., a doctor misdiagnosing a condition).

Additionally, negotiating with insurance companies can be challenging as they often aim to minimize payouts.

A skilled Houston wrongful death lawyer can help you

A skilled Houston wrongful death lawyer can help you recover the compensation you deserve for emotional pain and financial losses. They will:

• Assess the value of your claim
• Handle documentation and ensure timely filing
• Collect necessary evidence and contact witnesses
• Provide emotional support and ensure deadlines are met
• Take the case to trial if necessary

Before accepting any insurance offers, consult with an experienced personal injury lawyer. Ideally, let your Houston wrongful death attorney manage all communication with insurance companies.

What Damages are Available in Wrongful Death Cases?

In wrongful death cases, surviving family members may be entitled to various types of damages, categorized into two main groups: economic and non-economic.

Economic

These may include:

• Medical expenses incurred before the deceased’s passing
• Funeral and burial costs
• Loss of future earnings and benefits that the deceased would have provided
• Loss of household services, such as childcare or maintenance

Non-Economic

These include:

• Loss of companionship, care, and guidance that the deceased would have offered
• Emotional distress and grief experienced by surviving family members
• Loss of consortium, which refers to the loss of intimacy in a spousal relationship.

Why hire Ryan DeHoyos for a Wrongful Death Case in Houston?

The legal skills and experience of Ryan DeHoyos in wrongful death lawsuits can help relieve the stress on families at such difficult times.

Ryan and his team start by listening to the details of your case. We will inform you of your options before moving forward.

If you decide to proceed, we will investigate what happened and begin gathering evidence to substantiate your claim. Then, we will handle all communications with the insurance company.

We believe that you should not have to settle for less than you are entitled to and will push for the maximum possible settlement or take the matter to court.

Ryan DeHoyos is equally adept at trial as in negotiations outside of the courtroom if no settlement is possible. We have a strong track record of settling matters out of court but, if necessary, a jury will decide the outcome.

Recognized as a Rising Star by Super Lawyers in 2019, Ryan is intimately familiar with the local Houston court system as well as the procedures and laws involved in wrongful death claims.

What qualifies as wrongful death in Texas?

According to Chapter 71 of the Texas Civil Practice and Remedies Code, wrongful death occurs when someone’s death is caused by the wrongful act, negligence, or default of another person or entity.

If you’ve lost a spouse, parent, or child due to another’s negligence—whether from a car accident, medical error, or defective product—you may have a valid wrongful death claim. 

These claims allow the victim’s family to recover damages for financial losses and services that would have been provided if the person had survived.

What Are Survival Damages in Texas?

Survival damages may also be recoverable in some instances. These are damages that the deceased person would have been entitled to if they had survived the accident.

Need Help?

If you are unsure whether you have a valid wrongful death claim, the DeHoyos Accident Attorneys, PLLC team can help. We offer a free initial consultation to discuss your case and provide legal advice.

Wrongful Death Lawsuits in Texas

Chapter 71 of the Texas Civil Practice and Remedies Code defines wrongful death as any death “caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation.”   

This means that if your loved one died in an accident caused by someone else’s negligence, you may be entitled to compensation for your loss.

Common types of wrongful death cases in Houston

The most common types of accidents involving wrongful death claims in the Houston area include the following:

• Car accidents
• Motorcycle accidents
• Bicycle accidents
• Large truck (18-wheeler) accidents
• Pedestrian accidents
• Medical malpractice
• Nursing home abuse and neglect
• Defective or faulty products
• Workplace accidents
• Premises liability accidents
• Offshore accidents
• Airplane accidents

It is not uncommon for multiple parties to be named in a wrongful death lawsuit. For instance, with a car accident that resulted in wrongful death, it’s possible for the auto parts manufacturer that made a faulty airbag and the municipality that neglected roadway maintenance to be sued.

Who can sue for wrongful death in Texas?

In Texas, only certain members of the deceased’s family may file a wrongful death claim:

• The decedent’s spouse
• The decedent’s children (including legally adopted children)
• The decedent’s parents

A group of eligible family members may file a claim together but note that siblings are excluded from filing a wrongful death claim in Texas (unlike in some other states).

In most cases, a representative (executor) of the deceased’s estate files on behalf of the survivor(s).

What is the Difference Between a Criminal Homicide Case and a Wrongful Death Case?

A criminal homicide case involves criminal charges brought by the state against the person responsible for the death. 

The purpose of a criminal case is to punish the wrongdoer with penalties like imprisonment or fines.

 In contrast, a wrongful death case is a civil lawsuit brought by the surviving family members seeking monetary compensation for their losses. 

While both cases may stem from the same incident, a wrongful death lawsuit does not result in criminal penalties and has a lower burden of proof.

The Standard of Proof

In a wrongful death case, the standard of proof is “preponderance of the evidence.” This means that the plaintiff must demonstrate that it is more likely than not that the defendant’s actions caused the death. 

This is a lower standard than in criminal cases, where guilt must be proven “beyond a reasonable doubt.”

The Penalty

The penalties in a wrongful death case are financial. If the plaintiff wins, the court will compensate the surviving family members. These damages aim to pay for the economic and non-economic losses caused by the wrongful death. 

Punitive damages may also be awarded in cases where the defendant’s actions were particularly egregious, such as in cases of gross negligence or intentional harm.

Protecting Minors with Guardian Ad Litem

In Texas, when a wrongful death lawsuit involves minor children, the court may appoint a guardian ad litem to represent the children’s best interests. 

A guardian ad litem ensures that settlements or court decisions fairly account for the children’s needs. 

The role of the guardian ad litem is to protect the rights of minors during legal proceedings and make sure they receive an appropriate share of any compensation awarded.

How much compensation can wrongful death victims claim?

If you’ve lost a loved one due to negligence or recklessness, you may be eligible for compensation, including:

Pre-death pain and suffering of the deceased

This covers the physical and emotional pain your loved one endured before passing away.

The deceased’s medical expenses before death

All medical costs related to treatment and care before their passing can be recovered.

Mental anguish for the emotional pain you’ve experienced

Compensation for the emotional distress and trauma caused by the sudden loss of your loved one.

Funeral and burial costs

Covers the expenses of arranging a funeral and burial services for the deceased.

Loss of the deceased’s income, including future earnings

You can recover the income your loved one would have earned, ensuring financial stability for their dependents.

Loss of inheritance the deceased would have left behind

The potential inheritance your loved one would have accumulated over their lifetime.

Loss of services the deceased would have provided

Compensation for the loss of household duties, care giving, or other services your loved one provided.

Loss of companionship, love, comfort, and support

Addresses the emotional and psychological impact of losing a loved one’s presence in your life.

Loss of consortium

Compensation for the loss of intimacy, affection, and partnership in a marital relationship.

Texas wrongful death laws also allow recovery of “survival damages,” covering what the deceased could have claimed had they survived, such as pain and suffering before death.

Frequently Asked Questions

How do you sue for wrongful death in Texas?

The claims process may involve investigation and pre-litigation. Then, the litigation phase begins after the defendant is served the Complaint and Citation and has answered all questions within.

DeHoyos Accident Attorneys, PLLC is prepared to go to trial on your behalf but, in our experience, most claims get settled out of court through informal negotiation.

What is the Texas statute of limitations for wrongful death claims?

In Texas, you have two years after a person’s death to file a wrongful death claim.

If you fail to bring the lawsuit within that timeframe, it will likely be denied unless there are exceptional circumstances.

It’s best to avoid this scenario by contacting a wrongful death attorney as soon as possible following the accidental death of a loved one. At least, discuss your legal options with a lawyer, who can guide you on the recommended next steps.

We understand that the grieving process can be a lengthy one but if you decide to proceed with a wrongful death claim, your attorney will have time to prepare a strong case if you don’t leave it until the last minute.

Is a fatality caused by a drunk driver considered wrongful death?

If someone dies in a motor vehicle accident caused by a drunk driver in Texas, a civil wrongful death claim can be brought against the driver as well as criminal charges pursued by the state.

Can multiple family members file separate wrongful death claims?

In Texas, family members cannot file separate wrongful death claims for the same individual. Instead, eligible family members must file a joint claim, or one family member may file it on behalf of all others. 

Texas law allows for a unified wrongful death lawsuit, where all eligible parties’ interests are considered collectively.

Contact the Houston Wrongful Death Lawyers at DeHoyos Accident Attorneys, PLLC Today

Most wrongful death lawsuits are highly complex and should not be attempted without the assistance of an experienced personal injury lawyer.

Ryan DeHoyos and his team help the families of victims claim what they deserve.

You have been through enough, let us handle the rest. If a loved one has suffered a wrongful death in the Houston area, get the support you need from a compassionate, knowledgeable, and experienced attorney.

Contact DeHoyos Accident Attorneys, PLLC today via our online form or call (832) 745-4878 for a free and confidential consultation about your case.