Houston Wrongful Death Attorney
There is no way to describe the grief of losing a loved one, especially if the death was preventable and only caused by the gross carelessness of another. At Padilla & Rodriguez, LLP, we know that there is no true way to make amends for the loss of a family member; however, we dedicate ourselves to finding justice and obtaining compensation for families who have lost a loved one due to another’s negligence.
Why Choose Padilla & Rodriguez, LLP For Your Claim?
After losing a loved one due to the negligent actions of another, you need an attorney by your side with extensive experience overseeing wrongful death claims. Padilla & Rodriguez, LLP will work tirelessly to investigate your claim and build your case.
- We have more than 70 years of combined legal experience representing personal injury victims and family members of those who have lost a loved one.
- We possess the resources necessary to handle complex wrongful death claims and conduct thorough investigations into the incident.
- We take all Houston wrongful death claims on a contingency fee basis. Family members never pay any legal fees for their case until we secure a favorable settlement or verdict on their behalf.
What Will An Attorney Do To Help?
Cases of wrongful death in Houston can become intricate. Unfortunately, most family members do not have the resources at their disposal to fully investigate claims to obtain maximum compensation for the loss of their loved one. However, an expert wrongful death attorney will be able to:
- Conduct a thorough investigation into the incident, including obtaining any video or photographic surveillance of the incident, eyewitness statements, accident reports, and more.
- Obtain safety records and internal memos of any companies involved in the wrongful death.
- Work with economic and financial experts to properly calculate a family’s losses that resulted from the untimely death.
- Negotiate with all parties involved to secure the family’s compensation.
How Do Houston Wrongful Death Cases Arise?
When looking at laws in Texas regarding wrongful death (Texas Statutes section 71.00), we can see that a claim may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another party.
There are various ways in which a wrongful death claim may arise in the Houston area. At Padilla & Rodriguez, LLP, our wrongful death attorneys regularly oversee cases involving the following:
- Car accidents
- Motorcycle accidents
- Drunk driving accidents
- Distracted driving accidents
- Boating accidents
- Bus accidents
- Tractor-trailer accidents
- Oil field incidents
- Offshore accidents
- Defective products
- Workplace accidents
- Construction site accidents
If you have any questions about the facts surrounding your particular case, contact a member of our team today for a free consultation.
Who Can File A Houston Wrongful Death Claim?
Texas law allows a surviving spouse, child, and parents of a deceased person to file a wrongful death claim. Any of these parties may file a claim by themselves or as a group.
If a surviving spouse, child, or parent does not file a claim of wrongful death within three months from the date of death, the personal representative of the deceased may file a claim instead, so long as a surviving family member has not requested that a claim not be filed.
Texas law allows adult children to file wrongful death claims in the event of the death of a parent. Adopted children may also file a claim for the death of their adoptive parent, so long as they were fully and legally adopted by that parent. However, adopted children may not file wrongful death claims after the death of a biological parent. Similarly, adoptive parents are allowed to file wrongful death claims if their adopted child is killed as a result of a wrongful act. Siblings are not allowed to file wrongful death claims in the state of Texas.
What Is The Time Limit To File A Wrongful Death Claim In Texas?
Each state is responsible for putting a time limit—called the statute of limitations—on how long family members have to file wrongful death claims. Those who wish to file a wrongful death claim in Houston generally have two years from the date of the deceased person’s death. There are some exceptions to this two-year time limit, and you should speak to a Texas wrongful death attorney as soon as possible to determine how long you have to file a claim.
What Kind Of Compensation Is Available For These Cases?
If you have lost a loved one due to the negligent actions of another, various types of compensation may be available to you. While each case is different, our Houston wrongful death lawyers regularly help clients recover the following:
- Lost earning capacity of the deceased
- Lost inheritance, including what the deceased would have reasonably been expected to earn or gift to descendants had they lived
- Loss of companionship, comfort, society, and love
- Emotional pain and mental anguish damages incurred by survivors
- Loss of value of household services
- Coverage of any pre-death medical expenses
- Funeral and burial expenses
Calculating how the total compensation family members will receive in these cases varies. Compensation depends upon the age of the deceased, their potential earning capacity over their lifetime, whether there was any gross negligence or intentional conduct involved in the death, and whether the deceased was partially at fault for the incident.
Speak To A Wrongful Death Lawyer Today
If you have lost a loved one due to the negligent, careless, or intentional actions of another person, speak to a Houston personal injury attorney as soon as possible. At Padilla & Rodriguez, LLP, we pledge to conduct a thorough investigation into the incident to secure any compensation to which you and your family are entitled. When you need a wrongful death attorney in Houston, you can contact us for a free consultation of your case by clicking here or calling (713) 574-4600.