To lose a loved one as a result of negligence on behalf of another is the essence of tragedy. If you’re experiencing the unthinkable after a fatal accident in Cypress, you must still think about your future.
While no amount of compensation can undo what has happened, pursuing a wrongful death lawsuit may be the best way to ease your financial worries and get some measure of justice against the responsible party. D. Miller & Associates, PLLC, helps Cypress families get through times like these with compassionate support and sound legal counsel.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil legal action brought by the surviving family members of someone who died due to another party’s negligent, careless, or intentional act. In Texas, the law allows certain close relatives to seek financial recovery for the emotional and economic losses they’ve suffered.
A wrongful death claim is different from a criminal case. While the state may pursue criminal charges and penalties depending on the circumstances, family members may initiate a civil wrongful death case with the goal of compensation. The verdict in a criminal case has no legal impact on a pending civil suit. Negligent wrongdoers may still face civil liability for the same conduct.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law determines who has the right to bring a wrongful death lawsuit. Typically, these individuals include the surviving spouse, biological or adopted children (including adult children), and parents of the deceased.
Subject to protest by surviving family members, if a lawsuit is not brought within three months of death, the executor or personal representative of the estate may initiate a wrongful death action.
Other family members, like siblings, grandparents, or unmarried partners, may also have a standing under Texas wrongful death statutes. It’s best to speak with a wrongful death lawyer to clarify your situation.
Types of Wrongful Cases D. Miller & Associates Handles
At D. Miller & Associates, PLLC, our team has worked with families across Cypress and the greater Houston area in a wide range of fatal injury cases. Some of the most common causes of wrongful death in this area include:
- Traffic Collisions. Busy roads like U.S. Highway 290 and Fry Road see frequent accidents. When a fatal accident in Cypress involves a car accident, truck crash, or motorcycle collision, the surviving family may have grounds for a wrongful death claim.
- Medical Errors. When a healthcare provider fails to meet the standard of care and it leads to fatal consequences, grieving families may turn to a wrongful death attorney to pursue accountability through legal action.
- Product Liability. Defective medical devices, dangerous consumer products, or faulty vehicle components can lead to tragic outcomes.
- Pedestrian and Cyclist Fatalities. Pedestrians or cyclists hit by a car in crosswalks, parking lots, or intersections often suffer catastrophic or fatal injuries.
- Workplace Incidents. Construction zones and industrial worksites carry risk. If a loved one was killed due to unsafe conditions, legal support may be available.
D. Miller & Associates encourages anyone going through this to pursue their legal rights. We invite you to contact us for a free, no-obligation consultation.
Possible Compensation for Wrongful Death Claims
Financial recovery in a wrongful death case is meant to support surviving family members. A Cypress wrongful death lawyer may pursue several categories of compensation depending on the case facts:
- Economic damages in a wrongful death case refer to the financial losses resulting from a loved one’s passing. This may include the loss of income and benefits the deceased would have contributed to the household, medical expenses incurred due to the fatal injury, and the costs associated with funeral and burial arrangements.
- Non-economic damages refer to the intangible losses a family experiences after a wrongful death. These often include the loss of companionship, love, and emotional support that the deceased provided. Surviving family members may also endure deep mental anguish and emotional pain.
- In cases involving children, the loss of parental guidance can have a lasting, damaging impact. While these losses are not easily measured in dollars, the plight of surviving children represents a significant part of what families endure as a result of the death.
- Punitive damages may also be awarded in rare cases involving gross negligence or intentional harm. These are not meant so much to compensate as to penalize extreme misconduct.
How Long Do I Have to File a Wrongful Death Claim in Texas?
Texas generally gives surviving families two years from the date of death to file a wrongful death lawsuit. However, this deadline can vary depending on certain factors, such as whether the cause of death was known immediately, whether the at-fault party is a government entity, or whether a minor child is involved. Because of these nuances, it’s important to speak with a wrongful death attorney as soon as possible to determine your legal options and timeline.
Understanding Liability in Wrongful Death Cases
To pursue a successful claim, a Cypress wrongful death lawyer must demonstrate that the other party’s actions caused your loved one’s death.
Our legal team carefully investigates each case, gathering evidence and insights from accident reconstructionists, healthcare providers, and other professionals as needed. In some situations, more than one party may share responsibility. We take a thorough approach to uncover the truth and pursue accountability from all those involved in your loved one’s untimely death.
The Wrongful Death Claim Process: What to Expect
Working with D. Miller & Associates means you’ll receive personalized legal care, not a one-size-fits-all approach. When you contact D. Miller & Associates, here’s an overview of the process from day one.
- Initial Consultation — We offer a free, no-obligation case review. During this conversation, you can share what happened, ask questions, and learn what steps may be available.
- Investigation and Evidence Gathering — From police reports and medical records to eyewitness interviews and accident reconstructions, our attorneys will gather the evidence needed to support your claim.
- Negotiation or Litigation — Depending on the facts of your case, we may pursue a settlement or take your claim to trial if that’s the appropriate course of action.
We know legal matters can feel overwhelming, especially in the face of grief. So we prioritize clear communication and open dialogue. We encourage you to ask questions anytime, because knowing where your case stands tends to offer peace of mind.
Why Choose D. Miller & Associates?
We understand that no two families are the same, and every wrongful death case requires compassion, respect, and diligence. Families turn to us because:
- 36,000+ cases won and $650 million+ recovered
- 83 team members supporting clients across Texas
- Recognized by the American Institute of Personal Injury Attorneys (10 Best Award for Client Satisfaction)
- Honored by the National Trial Lawyers Top 100
- Awarded the Small Business Community Association Excellence Award
When you need strength and advocacy, we are proud to be Your Legal Heroes®.
Speak With a Cypress Wrongful Death Lawyer Today
At D. Miller & Associates, PLLC®, our approach is grounded in compassion, clarity, and commitment. We take on the legal burdens so your family can focus on healing and remembrance.
📞 Call (713) 850-8600 today or contact us online for a FREE consultation with an experienced Cypress personal injury lawyer. You pay nothing unless we win.
Let us stand by you and be Your Legal Heroes® in the fight for justice and accountability.
