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?
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.
How Much Can You Sue For In A Wrongful Death Case
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, there are many factors that 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
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
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.
Loss of Companionship or Consortium
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.
What types of compensation apply to the case of my spouse's wrongful death?
Pain and Suffering
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.
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.
We Help Those Who Have Lost Loved Ones To Fatal Accidents
At the Houston wrongful death lawyers at 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.
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 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?