Houston Wrongful Death Attorney

Wrongful Death in Texas

When a loved one is killed due the negligence of another, his or her family members may have a claim for wrongful death. It is important to choose a law firm that understands the types of wrongful death damages that can be recovered and how to properly present those damages. Damages that a spouse or family member may suffer include the loss of the decedent’s financial support, loss of inheritance, employer benefits and the pain and suffering or other burdens of the family member as a result of the death.

At Armstrong Lee & Baker LLP, we handle wrongful death cases involving car, truck or train accidents, product defects, workplace injuries, maritime accidents, slip and falls, medical malpractice, fires and explosions, nursing home negligence, or other catastrophic injuries.

What is a Wrongful Death?

In plain terms, wrongful death refers to when someone’s death is caused by the carelessness, recklessness, lack of responsibility, risky behavior, or intentional misconduct of someone or something else. Wrongful death cases could be car accidents, medical malpractice cases, workplace accidents, premises liability, defective products, criminal acts, and any combination of these and related factors. In a nutshell, when someone’s actions (or omissions) result in the loss of someone’s life, they can and should be held legally responsible through a wrongful death lawsuit.

Who can sue for wrongful death in Texas?

Our Houston wrongful death attorney will help you navigate your wrongful death claim. Generally, there are two types of wrongful death cases.

The first type of case is one brought for the loss of a child, spouse, or parent for the things they experience as a result of the death of their family member.

• Loss of a child. If the decedent is a child, the parents can file a lawsuit in Texas. There is perhaps no greater pain to manage than the death of a child. If the child’s death could have been prevented by someone acting with reasonable care, then the pain is magnified. What could have been done differently? How do we make sure those responsible are held accountable?  We help parents and families recover damages for the loss of a child. Although nothing can bring the child back, seeking the maximum recovery for the agony and devastation that families have suffered ensures that the responsible party is held responsible and possibly prevent future deaths.
• Loss of a spouse.  We help widowed spouses recover for their pain and emotional suffering as well as their spouse’s lost wages and benefits where possible. Each situation is different, and the types of damages that may be available to spouses vary from case to case. We will fight for maximum recovery.  Our goal is to make your life is as emotionally and financially secure as possible.
• Loss of a parent.  When tragedy results in the loss of a parent, the children have a claim for wrongful death.  Children can bring suit for their loss of financial support and emotional pain, among other things.

The second type of case is one brought on behalf of the estate of the deceased family member for the things that the person who died experienced and the damages that their estate has suffered.  This type of case is to compensate for the pain and suffering that the person who passed away experienced before they died.

“Every challenge is an opportunity for us to make a difference. Let’s work together to turn your personal injury journey into a successful path forward. ”

Scott Armstrong

Partner

Looking for a personal injury lawyer near you in Houston, TX?

We’ll fight for the compensation you deserve.

Send Us a Message Call us

What types of damages are available to you?

The damages available to children, spouses, and parents of a deceased person include loss of financial support, loss of inheritance, employer benefits, and the pain, suffering, and mental anguish that the family endures as a result of the loss of their loved one. Family members may also seek recovery for loss of comfort, care, attention, and household services that the deceased person provided. A jury or other fact-finder decides what is a fair and reasonable amount for these damages. The jury would consider the age of the person who passed away, their earnings and earning potential, the type of work that the person performed, and the relationship and closeness between the family members. Our Houston wrongful death lawyer explains how wrongful death claims are calculated in Texas.

The damages available to the estate of the deceased person include the pain and suffering that the person experienced before they passed away. The estate’s damages can also include financial obligations the person incurred as a result of the negligence that caused their death.

Here are the main types of wrongful death damages:

• Economic Damages: These are the financial losses that the surviving family members have incurred as a result of the death. This can include medical expenses related to the accident, funeral and burial expenses, and loss of future financial support. For example, if the deceased was the primary breadwinner, the family may be entitled to compensation for the income they would have earned over their lifetime.
• Non-Economic Damages: These damages are more intangible and are meant to compensate for the emotional and psychological impact of losing a loved one. They can include the pain and suffering experienced by the surviving family members, loss of companionship, consortium, and guidance. While it can be difficult to put a price on these losses, they are an important part of seeking justice and holding the responsible party accountable for their actions.
• Punitive Damages: In some cases, if the actions of the defendant were particularly malicious or egregious, the court may award punitive damages. These damages are meant to punish the wrongdoer and discourage similar behavior in the future. Punitive damages are not awarded in every wrongful death case and are typically reserved for cases where the defendant’s actions were willful, wanton, or reckless.

In appropriate cases, punitive and exemplary damages can also be awarded to punish the defendant for their conduct and attempt to deter similar actions in the future.

Can common-law spouses sue for wrongful death?

Yes, a common-law spouse can bring a lawsuit for wrongful death.  Texas makes no difference between couples who were formally married and those who are married by common law.  The factors necessary to prove common law marriage include that the individuals agreed to be married, live together as a married couple, and represent themselves to others as married.

The attorneys at Armstrong Lee & Baker LLP have experience representing common-law spouses and understand the types of evidence and witnesses necessary to prove the existence of the marriage.  We would be glad to speak with you about the unique facts of your case.

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

The statute of limitations for wrongful death in Texas and Houston is two years. In many wrongful death cases, it is important to act as soon as possible to secure the evidence necessary to prove that the defendant caused the family member’s death.

Here are some factors that can affect the length of the statute of limitations for wrongful death cases in Texas:

• Date of Discovery: In some cases, the cause of death may not be immediately known. If this was not discovered until a later date, the statute of limitations may begin from the date of discovery instead of the date of death. This can potentially extend the time you have to file a lawsuit.
• Minors and Incapacitated Individuals: When the deceased individual is a minor or legally incapacitated, the statute of limitations may be tolled or paused until the individual reaches adulthood or regains legal capacity. This ensures that those who may not have been able to take legal action at the time of the death still have the opportunity to seek justice.
• Government Entities: If the negligent party responsible for the wrongful death is a government entity, such as a city or county, there may be specific notice requirements and shorter statutes of limitations. Act promptly if you believe the government is at fault for the death of your loved one.
• Multiple Defendants: In cases where there are multiple defendants involved, the statute of limitations may vary depending on each defendant’s involvement and actions. Again, a qualified, resourceful wrongful death attorney can determine the appropriate statute of limitations for each defendant and ensure all parties are held accountable.

Because situations vary widely, it is important to consult with experienced and capable personal injury attorneys about what rights and remedies you may have. The attorneys at Armstrong Lee & Baker LLP are standing by to help you chart a path forward on your claims relating to the loss of a loved one. Consultations are always free. We are standing by, ready to start the process 24 hours a day.

How can a wrongful death lawyer help you?

A wrongful death lawyer focuses on cases where someone has died due to the negligence or misconduct of another person or entity. We can guide you through the legal process, investigate the circumstances surrounding the death, gather evidence, and build a strong case on your behalf. A steadfast, strategic wrongful death lawyer in Houston will fight for your rights, negotiate with insurance companies, and represent your interests in any Texas court necessary. Having a vigorous legal advocate by your side can provide support.

How much can you get from a wrongful death claim?

The amount of compensation you might receive from a wrongful death claim depends on various factors, such as the circumstances of the death, the financial losses incurred as a result, and the impact on the surviving family members. Of course, it is impossible to provide an exact figure up front but having a lawyer evaluate the specific details of your case can usually give you a reasonable ballpark figure (such as medical expenses and lost wages), and non-economic damages.

When Should You Consult a Wrongful Death Attorney?

As soon as possible! In Texas, there is a statute of limitations for filing a wrongful death lawsuit, which is generally two years from the date of death. It’s almost always best to begin the legal process early to ensure the preservation of evidence and access to witnesses with fresh memories. Promptly hiring a Houston attorney to start working on your case, gathering evidence, and protecting your rights from the outset is recommended.

How to Prove Negligence in a Wrongful Death Lawsuit in Texas?

To establish negligence in a wrongful death lawsuit, your Houston wrongful death attorney must demonstrate the following:

• Causation: The responsible party’s breach of duty was the direct cause of the deceased person’s injuries and subsequent death. This means, in other words, proving that the death would not have occurred if it weren’t for the responsible party’s actions or omissions.
• Damages: The death of your loved one resulted in damages, such as medical expenses, funeral costs, loss of financial support, and emotional suffering for the surviving family members.
• Duty of Care: The responsible party owed a duty of care to the deceased person. For example, a driver has a responsibility to follow traffic laws and operate their vehicle safely.
• Breach: The responsible party breached their duty of care by acting negligently or failing to act when they should have. This breach could be failing to stop at a red light or driving while intoxicated.

A Houston Wrongful Death Attorney Can Help You Achieve a Fair Settlement

At Armstrong Lee & Baker LLP, our wrongful death lawyer draw on a strong and diverse body of expertise and experiences to provide you with fierce advocacy and support during a difficult time.

We understand the damage the untimely and wrongful death of a loved one can cause, and we have dedicated our careers to fighting for our client’s rights.

Our attorneys will hold all responsible parties accountable, ensuring you receive the total compensation you deserve.

Call us today at 832-402-6637. Consultations are always free, and we do not take a fee unless you win.

Other Personal Injury Cases We Handle:

• Personal injury lawyer in Houston
• Car accident lawyer in Houston
• Truck Accident lawyer in Houston
• Motorcycle accident lawyer in Houston
• Maritime injury lawyer in Houston
• Oilfield injury lawyer in Houston
• Non-subscriber injury lawyer in Houston
• Brain injury lawyer in Houston
• Offshore injury lawyer in Houston
• Premises liability lawyer in Houston
• Ceiling collapse lawyer in Houston

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

Get in touch with Scott Armstrong now.

Client Reviews

What our clients are saying about us

B. Farmer

Google Review

Josh Lee and the rest of the staff are all amazing. They kept me up to date and informed. I was treated like a priority every time I called, Josh even called me back on a Saturday, when the office was closed. They got me way more money than I thought even possible! I am more than satisfied and so grateful that I chose this firm. If you want a very personable, honest attorney who looks out for your best interest and gets results, call them!

Mary G.

Google Review

I live roughly eight hours from Armstrong Lee & Baker and communication exceeded my expectations all my needs were met at every level Mr Adam and his wonderful team guided me step by step,I definitely recommend Mr Adam if ever you need a lawyer that will fight very hard for you.He was successful with my injury case got me what I deserve and more,I am forever grateful to Mr Adam and his wonderful team God bless you all

Janet L.

Google Review

Recently I had the honor of being represented by The Law firm of Armstrong Lee & Baker LLP, the actual lawyer who handled my case was Mr. Clint Reed. He was very professional and understanding during this whole process. The communication was great, if I had any questions he would answer them. His knowledge of the law and his persistence to find out every detail that he could really in my opinion, went above and beyond any expectations I had. If I could give him a 10 star review I would.

Tommy N.

Google Review

Armstrong, Lee & Baker did an absolutely wonderful job with my case. The resolution of my case was above and beyond what I expected! Shruti, the associate who handled my case showed great professionalism and I could not be more satisfied with the outcome. Thank you all!

View More Reviews on Google Maps.