Houston Wrongful Death Attorney
Losing a loved one is incredibly difficult, particularly if their death was the result of the negligent actions of somebody else. At Padilla & Rodriguez, LLP, our Houston wrongful death attorneys are dedicated to ensuring the family members are able to obtain closure and compensation for the loss of their loved one. We will investigate your case and work to secure any compensation you are entitled to.
Why Choose Padilla & Rodriguez, LLP For Your Claim?
After losing a loved one due to the careless or negligent actions, you need an attorney by your side with extensive experience handling wrongful death claims. Padilla & Rodriguez, LLP is ready to help you today.
- We have more than 70 years of combined legal experience representing personal injury victims and family members of those who have lost their lives.
- We have the resources necessary to handle large and complex wrongful death claims and are able to conduct thorough investigations into the incident.
- We take all Houston wrongful death claims on a contingency fee basis. This means that family members will not pay any legal fees for their case until after 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 incredibly complex. Unfortunately, most family members will not have the resources at their disposal to fully investigate claims in order to obtain maximum compensation for the loss of their loved one. However, a skilled 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 that are 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 in order to secure the compensation a family is entitled to.
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 handle 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
This is certainly not a complete list of the ways that a person could lose their life because of the actions of somebody else. 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 the deceased person to file a wrongful death claim. Any of these 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 asked 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?
There are various types of compensation available to family members in the aftermath of losing a loved one due to the negligent actions of another. While each case is different, our Houston wrongful death lawyers regularly help clients recover the following:
- Lost earning capacity of the deceased
- Loss of 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
There are various factors that go into how much total compensation family members will receive in these cases. This includes 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 or not 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 in order to secure any compensation you and your family are entitled to. 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.