Because Your Future Matters.

After an accidental or wrongful death, the law allows the surviving spouse, children, and parents to bring a wrongful death claim when their relative has been killed due to the negligence of another. Additionally, the representative of the deceased is legally permitted to file a lawsuit and pursue damages on behalf of the dead person’s estate. These damages can be significant and provide another source of financial support for the person’s heirs – often small children.

There is nothing more painful in life than losing a loved one.

What makes it even worse is when the death is preventable.

Our Houston wrongful death attorneys have seen so many of these situations.

When a loved one is killed, it is natural to feel guilty about seeking legal advice or even thinking about filing a lawsuit over the death. However, sometimes it is important to act as soon as possible. It is the right thing to do.

Our Houston wrongful death attorneys understand the grief you and your loved ones are experiencing. We have helped many individuals and families through these types of situations, and we offer compassionate representation that is both effective and respectful of your family’s situation.

Proving negligence and suing for damages in a wrongful death case often requires immediate action on behalf of the victim and his or her family. Whenever there is a major accident resulting in the death of an individual, the insurance company for the negligent party immediately begins its defense case hoping that the family members will wait too long and hurt their chance to prove their right to compensation.

When somebody is killed in an accident, the immediate family quite naturally does not want to think about hiring a Houston negligent death lawyer or taking legal action. It is a completely normal and reasonable response. We have had clients contact us immediately after the incident and they feel guilty about doing so. When we explain that it might be important — very important — for the family and children to move forward sooner, they understand.

Working hard immediately to protect the rights of the spouse and children is important to our wrongful death lawyers in Houston and sometimes it is necessary to take action on a case right away.

Some of these actions if not taken right after the accident will be impossible later and this will hurt any wrongful death lawsuit. These actions include:

• Getting an autopsy. Often the cause of death is obvious and sometimes it is not. Furthermore, only an autopsy can give certain details regarding some of the circumstances surrounding the death. If the county does not perform an autopsy, a private one might need to be arranged. Obviously, there is only a limited time to have this performed.
• Preserving evidence. Evidence from the accident site is often discarded. Lost evidence can be a major hindrance to proving a wrongful death case so it is much better to preserve it immediately. Evidence can be physical evidence such as wreckage, video surveillance, skid marks, industrial equipment or anything that can be easily discarded.
• Getting a court order. Often it is necessary to obtain a court order to prevent important evidence from being destroyed by a defendant or insurance company that is trying to protect a defendant after a wrongful death.

“My Mom was hit by a car in Aug 2012 and my family and I were traumatized. It became evident that we needed to talk to an attorney. My sister typed in the search and Fleming Law, P.C., was at the top of the search. I called around 6 pm and Atty. Laura Krzesienski called back immediately. We set an appointment and met. Laura was a God send… she was very empathetic to what we were going through. I had no doubt she was the one I wanted helping us. She got things rolling on our behalf. Things progressed quickly. Before long we were meeting with the staff about our case, we settled our case in less than a year. Although my mom died… Fleming Law, P.C., helped us get justice and closure for our loss.”

Wrongful death cases offer the largest awards out of any personal injury case for the obvious reason that the victim paid the greatest price for the negligent party’s irresponsible actions. While your damages are the most severe, many factors make up a wrongful death, and every wrongful death case is different, meaning it is difficult to predict what type of compensation you can expect from your case. Depending on the situation, the following are some key elements that a judge and jury will use to consider the award.

Loss of future earning capacity refers to the earning ability of the person who died, and applies in cases where the victim was the primary earner of a household. The average college graduate with a bachelor’s degree alone earns $1.19 million in their lifetime, while the average high school graduate earns $595,000 in their lifetime, according to the Hamilton Project. Loss of earnings is based on the victim’s age and projected income during what would have been their remaining working years.

Punitive damages are awarded in cases in which there is gross negligence. For example, punitive damages may be awarded in a case that involved a drunk driver or that of an unsafe workplace. These damages go beyond compensating the plaintiff, and are imposed as further punishment for the negligent, reckless person or company. According to Cornell Law, courts only impose punitive damages 5% of the time, meaning that punitive damages are exceedingly rare.

A jury can award damages associated with loss of consortium to the surviving spouse or children in a wrongful death case. Loss of consortium is the loss of a companion, as well as the loss of a mentor for young children. Loss of consortium is particularly relevant when there is a young child or multiple young children that are now left to grow up without either a mother or a father.

Pain and suffering is a separate type of compensation from the wrongful death claim and is pursued on behalf of the deceased. This penalty is determined based on the amount of suffering endured by the victim before his or her death. In some cases, this can amount to many days, weeks, or even years. In other cases, there may be no pain and suffering because death was determined to be immediate. Contact our Houston wrongful death lawyer today.

Generally, the surviving family has two years to bring a lawsuit for wrongful death in the State of Texas. This can be extended in certain cases for minors.

However, despite there being two years to bring a lawsuit, it is usually better to seek legal advice and bring a lawsuit as soon as possible after the death. Contact our Houston wrongful death attorneys today.

Our attorneys in Houston are highly skilled at constructing wrongful death cases that can hold the responsible parties accountable for the harm they have caused. By allowing our attorneys to help you and your loved ones, you will have the space necessary to focus on what matters most at such a difficult time while having the peace of mind that all appropriate action is being taken.