When you lose a loved one in an accident, there are many issues to deal with, from financial notices to funeral arrangements, all while trying to process an unimaginable loss. While legal matters may not be at the forefront of your mind, it’s wise to discuss your right to compensation with a compassionate personal injury lawyer in Katy as soon as possible. You and your family may be able to pursue a wrongful death claim against the negligent party to recover your financial losses, but there is a time limit on how long you have to act.
The Katy, TX Wrongful Death Lawyers at D. Miller & Associates, PLLC, can help. We will investigate the circumstances of your loved one’s death, identify the responsible party, and pursue the compensation you need to move forward. Call us at 713-850-8600 today to schedule a free consultation. We can tell you if you qualify for damages and explain your legal options.
Who Can File a Wrongful Death Lawsuit in Texas?
The main factor in determining eligibility for a wrongful death claim is whether the death was “wrongful,” meaning it was caused by another party’s negligence or intentional act. Under Texas Code Ann. § 71.002, you can hold a person or an entity liable for damages if they caused your loved one’s death through negligent or reckless conduct, medical malpractice, a failure to act when legally required, or through intentional or criminal acts.
In addition to proving how a wrongful act caused your loved one’s death, you must show that you sustained financial losses to qualify for damages. Our attorneys know how to obtain the evidence necessary to prove your case and file your wrongful death claim according to the legal guidelines in Texas.
Family Members Eligible to File a Claim
In Texas, the right to file a wrongful death claim is limited to specific family members:
- The surviving spouse
- Children, including both biological and legally adopted children
- Parents, including adoptive parents
These individuals may file the lawsuit individually or join together as a group. If no eligible family member files a claim within three months of the date of death, the executor or personal representative of the deceased’s estate may pursue the claim—unless all eligible family members specifically request that no wrongful death action be brought.
Common Wrongful Death Cases We Handle in Katy, TX
Wrongful death cases typically arise from preventable tragedies where negligence, recklessness, or intentional misconduct leads to the loss of life. Our firm has represented families in a wide range of these claims, helping them seek accountability and compensation in the wake of devastating loss:
- Car Accidents
- Truck Accidents
- Commercial Vehicle Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Slip & Fall Accidents
- Work Injuries
While these are some of the most common wrongful death claims, every case presents unique facts and legal considerations. Wrongful death cases can involve complex chains of responsibility that don’t fall neatly into one legal category.
If you’re uncertain whether your situation qualifies, we encourage you to contact our office to discuss your options.
What Compensation Is Available in a Wrongful Death Claim?
Wrongful death beneficiaries can recover both compensatory and exemplary—or punitive—damages. This includes compensation for future losses related to your loved one’s death. Since every case is different, we create a comprehensive damage evaluation for each client to ensure they receive a fair award.
Examples of losses you may recover include:
Economic Damages
Economic damages in a wrongful death claim refer to the measurable financial losses resulting from a person’s death. They are intended to compensate surviving family members for the tangible, out-of-pocket losses they have suffered due to their loved one’s death and may include the following:
- Funeral and Burial Expenses: Costs related to the decedent’s funeral and burial are recoverable by the surviving family or estate.
- Lost Earning Capacity and Benefits: This includes the income, benefits (such as health insurance or retirement), and financial support the deceased would have provided to their family had they lived.
- Loss of Inheritance: This refers to the present value of the assets that the deceased would have likely accumulated and left to statutory beneficiaries if not for the premature death caused by another’s wrongful act.
- Loss of Household Services: Covers the value of everyday contributions the deceased provided to the family, such as childcare, home maintenance, or caregiving, which are now lost.
These damages are often supported by documentation, expert analysis, and economic forecasting to calculate the long-term financial impact of the loss.
Non-Economic Damages
Non-economic damages in a Texas wrongful death claim refer to the intangible losses suffered by surviving family members and may include the following:
- Mental Anguish and Emotional Distress: Texas courts recognize these damages for the psychological suffering experienced by surviving family members due to the death of a loved one.
- Loss of Love, Companionship, and Consortium: These are recognized forms of non-economic losses, such as emotional support, affection, and the close personal relationships the deceased would have continued to provide.
Punitive Damages
In rare cases, Texas law allows for exemplary (punitive) damages if the death resulted from a willful act, gross negligence, or egregious misconduct. These damages are intended to punish the wrongdoer and deter others from similar behavior. Drunk driving fatalities and fatal workplace safety violations may be candidates for punitive awards.
How Do Texas Courts Distribute Wrongful Death Settlements?
The court will grant a damage award and apportion it at its discretion. In Texas, the jury in a court case has the power to award damages that are proportionate to the damages your loved one’s death caused. The court then divides that award between the qualified beneficiaries in the claim. In your case, that means you will share the damage award among the rest of your loved one’s survivors.
How A Wrongful Death Lawyer Can Help Your Case
At D. Miller & Associates, PLLC, it’s our mission to help hurting families handle their legal matters in the wake of crises and obtain the maximum compensation possible. With our compassionate, personal approach, we listen to your story and counsel you on how to proceed.
There are various ways our team can be of assistance:
- Investigate the facts surrounding your loved one’s death and determine liability.
- Explain your rights in a no-nonsense manner and give you a realistic overview of what you can expect with the claims process.
- Be the point of contact for the insurance companies and initiate the claim.
- Collect evidence and financial documents to support your claim.
- Take the time to understand all the ways that your loved one’s death has affected your family and obtain a detailed damage assessment.
- Negotiate with the insurer for a larger sum; and
- If necessary, take the case to court, and continue to advocate for your rights during litigation.
We recognize that legal matters can be intimidating, which is why we prioritize clarity and transparency in our client relationships. Our team takes the time to explain the legal process, ensuring that you understand your rights and options.
Schedule a Free Consultation
At D. Miller & Associates, PLLC, we work on a contingency basis. This means that our recovery is contingent upon you winning. We only collect our legal fees from your settlement; you do not have to pay anything out of pocket. If you decide to use our services, we will explain our fee percentage handling costs in a transparent fee agreement.
Generally, if you do not win your case, you will not have to pay legal fees, so there is no risk in retaining our firm. Contact us today to schedule a free, no-obligation consultation with a member of our team.
