Can I Bring a Wrongful Death Claim In Houston?

A lawsuit for a wrongful death in Texas, including Houston, can be brought in any county where a defendant resides, or the principle office of a defendant company, or where the cause of action arose – such as the location of a car or pedestrian accident. Generally, a cause of action arises where the accident, injury or death takes place. So if somebody is killed in Houston due to the negligence of another person or company, the lawsuit can be brought in the courts of Harris County or the county where the defendant lives.

Which relatives are allowed to sue for wrongful death?

The law establishes which persons may be entitled to compensation for loss or injury. In Texas, this is generally: the spouse, parents, and children of the deceased.

What Needs to Be Done Immediately After a Loved One Is Killed?

When somebody is killed in an accident, the immediate family quite naturally does not want to think about hiring a 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 us and sometimes it is necessary to take actions 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: 1 - Getting an autopsy. 2 - Preserving evidence. 3 - Getting a court order.

What Are Some Types of Wrongful Death Claims?

When somebody is killed due to the unnecessary negligence of another person or business, there are two types of claims that can be brought: A wrongful death suit can be filed on behalf of the surviving spouse, children and parents. These immediate family members are entitled by law to bring a lawsuit seeking mental anguish and other damages suffered as a result of the death of their loved one. In the case of small children, this is often the only opportunity to provide for their future and make up for the loss of their parent. A “survival” actions can be brought on behalf of the deceased. Claims can also be brought on behalf of the estate of the deceased person for their conscious pain and suffering prior to their death along with medical and funeral expenses. These damages then go into their estate and are distributed by law under their will or to their surviving heirs — often the surviving spouse, children and parents.

Houston Wrongful Death Lawyer

Finding the best wrongful death lawyer in Houston can be difficult and confusing as it often is necessary at a time when the loved ones need to be thinking about other pressing matters. At Fleming Law , our expert wrongful death attorneys have been practicing law in Houston for decades. They are ready to help you with your case.

Who can bring a Wrongful Death Claim in Texas?

After an accidental or wrongful death in Houston, Texas law allows the surviving spouse, children, and parents to bring a Texas 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.

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

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

We have seen so many of these situations.

Fatalities at work, employees who are:

Not trained to perform their duties in dangerous work environments.
Directed by management to operate production equipment in an unsafe, hazardous manner.
Denied safe work conditions or overworked to the point where their life is at risk.

Loved ones who lose their lives in accidents from:

Drunk drivers who kill while driving.
Distracted drivers who text or use their smartphones on highways.
18-wheeler truck drivers with unsafe loads or who are fatigued or impaired.

Cameras capturing a wrongful death in Houston Texas.

What do we do in these wrongful death cases?

Investigate every detail:

Secure video surveillance, what does it show?
Assess the work environment, was it unsafe?
Did OSHA investigate? What does their report say?

Interview key people:

Work colleagues, did they witness anything? Do they say the working conditions are dangerous?
Safety manager, does the company have a history of safety problems and injured workers?
Owner and senior managers, what is the work culture? Is employee safety a top priority?

Call for a free consultation. 888-529-0018 or Contact a lawyer Now!

Common Types of Wrongful Death Claims

When somebody is killed due to the unnecessary negligence of another person or business, there are two types of claims that can be brought:

A wrongful death suit can be filed on behalf of the surviving spouse, children, and parents. These immediate family members are entitled by law to bring a lawsuit seeking mental anguish and other damages suffered as a result of the death of their loved one. In the case of small children, this is often the only opportunity to provide for their future and make up for the loss of their parents.
A “survival” actions can be brought on behalf of the deceased. Claims can also be brought on behalf of the estate of the deceased person for their conscious pain and suffering prior to their death along with medical and funeral expenses. These damages then go into their estate and are distributed by law under their will or to their surviving heirs — often the surviving spouse, children, and parents. Our Houston wrongful death attorney can help.

What Fatal Accidents Can Be Cause For a Wrongful Death Claim in Texas?

A wrongful death claim is brought pursuant to Texas statute and it is important to properly investigate to prove negligence. Some of the most common wrongful death lawsuits brought in Texas include fatal accidents involving:

I'm not sure who was at fault in my loved one's death. Who can investigate for me?

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What If The Death Happened at Work in Houston?

The families of workers killed on the job have the same rights to bring a Houston wrongful death claim – in some cases even if there is workers’ compensation coverage. We have helped many families who have lost a loved one killed at work. Usually, the Occupational Safety and Health Administration (OSHA) investigates deaths that occur on the job and their investigation can help determine liability. Our death-at-work lawyers in Houston can help.

What is the Statute of Limitations For Wrongful Death Cases in Texas?

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.

Question for a Houston wrongful death attorney.

We Help Those Who Have Lost Loved Ones To Fatal Accidents

At the Houston wrongful death law firm of Fleming Law in Houston, Texas, our wrongful death 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.

Contact The Wrongful Death Lawyers at Fleming Law

If you have lost a loved one in an accident, you need to choose a wrongful death attorney with the skill and experience necessary to be able to help you create accountability and secure the full compensation you deserve. To schedule a free initial consultation with one of our wrongful death lawyers, call Fleming Law, P.C., toll-free at 832-529-4812, or contact us online. Click here for directions.

We collect no fees until we obtain compensation for you.

My loved one was killed. How long should I wait to hire a lawyer?

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