Losing a loved one to negligence is earth-shattering, leaving families in a state of confusion and shock. If you have suffered the tragic loss of a loved one, you may be unsure of where to turn for help during this difficult time. A family may experience this loss’s physical, financial, and emotional effects for years.
No monetary value will ever replace your loved one. However, the law firm of Williams Hart & Boundas believes you have the right to move forward into the future with financial stability. Schedule a free consultation to understand the support our law firm can provide during one of the most challenging times in your life. A wrongful death attorney can navigate the process for you, explaining things as you go while allowing you to make the best decisions for your family.
Houston Wrongful Death Attorneys at Williams Hart & Boundas Can Help
Almost 40 years of experience gives William Hart & Boundas the tools needed to successfully represent personal injury victims in Texas. Our record of success demonstrates we are passionate about the outcomes we achieve for our clients. When you need the guidance of an experienced wrongful death attorney, our legal team is with you from day one until your case is completed. Clients navigating personal injury claims choose us because of the following:
- Billions won for our clients serving to compensate them for their losses
- Our record of success is a testament to our personal commitment to each case
- Verdicts won have secured millions for clients in the courtroom
- Our award-winning team is recognized among the top attorneys in the U.S.
Our trial lawyers have authentic courtroom experience. Demonstrating the elements of a well-documented personal injury case to a jury is significant to achieving the record of success we are known for. We want to help you navigate the legal process, helping you find closure for your family when tragedy strikes. Our legal team works diligently to keep family members updated and aware of their cases through informative communication and accessibility when you need us. You have options, and we want you to possess the knowledge you need to make solid choices for your future.
The trial attorneys of Williams Hart & Boundas understand the last thing you want to worry about in a tragic time of loss is legal action. Our legal team will work for you when a personal injury results in wrongful death by performing the following actions:
- File legal actions within the appropriate timelines
- Ensure all medical documentation is assembled and thoroughly reviewed
- Gather supporting evidence
- Serve as a mediator between your family and the insurance companies
- Evaluate all of the damages your family may have experienced to ensure fair compensation
- Negotiate a fair settlement
- Litigate a case in court when a compensation amount cannot be agreed on
- Work with expert witnesses to substantiate all claims of negligence
We want your family to have every possible avenue to seek compensation. We never back down from challenging cases and stand against the industries seeking to prevent you from successful legal action. While many attorneys have experience in some parts of the legal system, not all have proven experience as trial attorneys. Our record of success in the courtroom has secured many notable and significant victories for deserving clients in Houston, across Texas, and around the country.
Understanding Wrongful Death Claims in Texas
The legal process allows the families of deceased loved ones to seek compensation from the responsible parties committing a wrongful act by filing a wrongful death claim. Wrongful death attorneys have the responsibility of proving that the duty of care owed to your loved one was breached by the negligent party. Insurance companies representing the responsible parties may try to settle a wrongful death claim with you quickly, seemingly as a demonstration of compassion.
Insurance companies are aware that once a settlement has been reached, they no longer have a financial obligation to you, and other damages you discover after the fact are no longer their responsibility, potentially costing your family substantial compensation that wrongful death attorneys could have assisted with claiming. What damages may the responsible parties be accountable for?
- The costs of all medical expenses and medical bills incurred by your loved one
- Funeral expenses
- Loss of companionship
- Loss of inheritance
- Mental anguish
Our wrongful death attorneys will seek all compensation available to you when a negligent party breaches its duty of care owed to your loved one. Our experience negotiating with insurance companies protects our clients from effective tactics used to reduce wrongful death claims amounts. Williams Hart & Boundas is your unwavering support, seeking to help you move forward. Often, families are left to sort out the medical bills that arrive after days, weeks, or even months of treatment for a loved one who was the victim of a wrongful act. Medical expenses can devastate a family already suffering tremendous loss. We want to seek the best possible avenues for preventing any further injury to your family.
Family Members Eligibility
Texas law specifies who can seek compensation for a loved one’s untimely death. The state of Texas allows family members to file a lawsuit separately or jointly if they choose. The following surviving family members (Sec. 71.004) of the decedent may file a wrongful death action under Texas law:
- Surviving spouse
- Children of the decedent
- Parents of the deceased
Three months after a decedent has passed, if no family members have filed an action, an executor or administrator may file an action unless the family requests no action be taken. While other states allow family members such as siblings or grandparents of the decedent to file an action for wrongful death, the State of Texas does not permit lawsuits by these individuals.
Wrongful Death Lawsuits
Williams Hart & Boundas understands no amount of money will replace all you have lost as a family. However, we aim to exhaust all the compensation options available to you so your family has the security it needs to move forward. Not only can the loss of a loved one be costly because of the expenses associated with care and funeral costs, but losing a significant income provider can change the course of a family’s life. There are two actions in a wrongful death case your family may be eligible to file.
Wrongful Death Suit
The purpose of a wrongful death lawsuit is to compensate a family for the losses they experience resulting from a Texas wrongful death. A wrongful death suit covers compensatory damages and, when it is applicable, exemplary damages. Compensatory damages encompass the following damages.
Measurable losses are covered under economic damages. These damages may include:
- Income loss
- Financial support
- Therapy costs
- Inheritance loss
- Other measurable losses
Losing a loved one takes more than a financial toll on a family. These losses may also be compensated in a wrongful death lawsuit. These damages do not have a specified monetary value, making it critical that an experienced wrongful death attorney appropriately evaluate these losses to your family:
- Pain and suffering
- Emotional anguish
- Mental suffering
- Loss of consortium
- Lost companionship
Death can leave a hole in the lives of those who loved and depended on someone who will no longer be there. When a Texas wrongful death results from a particularly heinous act, Williams Hart & Boundas will fight for these damages as well.
Punitive Damages
Certain damages in a wrongful death case serve to punish the negligent party for their actions. This punishment sets a precedent for others, demonstrating that the acts committed will not be tolerated by a court of law. To file for exemplary or punitive damages (Sec. 41.003), clear and convincing evidence must exist that the harm resulted from one of the following:
- Fraud
- Malice
- Gross negligence
A jury must agree unanimously to award these damages in a wrongful death lawsuit. We will aggressively seek this compensation for your family if it applies to your case.
Survival Action
A survival action may be filed in addition to a wrongful death lawsuit. A survival action (Sec. 71.021) compensates the surviving loved ones of the deceased for the damages the deceased could have claimed had they survived their injuries. A survival claim survives their death. Survival actions may compensate the survivors for the following:
- Medical expenses for a loved one’s care
- Pain and suffering of a Texas wrongful death victim
- Funeral costs
Determining what legal course of action is available to you following a loved one’s death can be overwhelming. Our goal is to reduce the stress and anxiety that may accompany legal action, ensuring you have time to process your grief and focus on your emotional well-being.
What May Qualify as a Wrongful Death Case
Families whose loved ones suffer fatalities occurring in any of the incidents listed below may be eligible to file a wrongful death lawsuit. Additionally, drunk driving continues to cause preventable deaths in Texas. According to the Texas Department of Transportation (TxDOT) annual statistics, 1,162 people died as a result of drunk driving crashes. Drunk driving incidents continue to increase and may result in a wrongful death suit. Approximately three deaths a day occur in Texas because of drunk driving accidents. If you have suffered the loss of a loved one due to a Texas drunk driving accident, we are here to help your family demand accountability.
If you are unsure if your loved one’s death is the result of a Texas wrongful death, speak with a Houston wrongful death attorney concerning the following incidents involving:
- Car accidents: 571 annual Harris County fatalities were documented. Over 4,000 deaths occurred in recent annual Texas crashes.
- Truck accidents: 48 annual commercial motor vehicle accident fatalities were recorded in Harris County, and 716 were reported in Texas.
- Motorcycle accidents: Motorcycle accidents claimed the lives of over 9,000 motorcycle drivers and their passengers in Texas in one year.
- Workplace accidents: 578 Texas workers suffered fatal injuries.
Determining who is responsible in any personal injury case can be complex. Someone other than just one obvious at fault party may be at fault or hold partial blame in a wrongful death case. We provide a thorough investigation to better understand the cause of a wrongful death accident and what part each person or entity played in the event. The trucking industry is run by many individuals and companies who contribute to a truck’s operation. Any individuals or businesses participating in the trucking industry may be found at fault in a wrongful death accident.
A government entity or local municipality also has a duty of care to provide for the maintenance of the roadways that Houston commuters travel on. Construction, poor maintenance, confusing signage, inoperable traffic lights, and other conditions may play a part in the death of a loved one. The laws impacting legal action against a government agency may vary. Let us effectively apply the laws to your case and tackle the legal barriers in your way.
Texas Wrongful Death Statute of Limitations
A statute of limitations places a time limit on your ability to sue for wrongful death in Texas. Failing to take legal action within this timeframe may prevent you from seeking compensation for your losses on behalf of a deceased person. Texas allows two years from the date of death (Sec. 16.003(b)) from injuries due to negligence to sue for wrongful death. Never assume you have no course of action. Discuss a wrongful death case with us, and let us work within the timelines defined by the law to assist you. A few exceptions apply to this deadline, and we can evaluate your unique situation to determine all available courses of action.
Waiting to file a wrongful death lawsuit can significantly impact the strength of your case. William Hart and Boundas understands the strain on families trying to mentally and emotionally process death and why taking immediate legal action may seem like an impossible step. However, we strive to build the strongest case possible to prove how negligence impacted the deceased person, ultimately leading to the loss of someone you care for. Let us secure the following evidence as soon as possible to protect a case’s integrity and strength:
- Video surveillance footage
- Cell phone records
- Police report
- Witness testimony
- Pictures of the damage from an accident
Waiting to speak with a Houston wrongful death attorney and to begin legal action can result in the erasure of video footage providing significant evidence supporting the elements of negligence needed in a case. Witnesses to the accident may forget vital details or become challenging to locate when immediate action is not taken.
Contact the Experienced Houston Wrongful Death Lawyers at Williams Hart & Boundas Today
Texas wrongful death law seeks to compensate families who have been impacted by the tragic loss of a loved one. You need a trustworthy law firm with experience in compassionate but relentless pursuit of the rights of families affected by wrongful death cases. A wrongful death attorney at Williams Hart & Boundas is ready to guide your family through the complex process of recovering compensation after the untimely loss of a loved one. Our law firm has witnessed the impact of tragic loss, and a wrongful death attorney will work to secure the compensation you deserve.
If you have lost a loved one due to wrongful death and are seeking legal advice in the Houston area, let a call to our experienced Houston wrongful death attorneys be the first you make. We care about the quality of service we provide to every client. Our detail to the specifics of each case is just one of the qualities that makes us successful.
We also understand many families face financial challenges after a wrongful death has impacted their world. Our experienced Houston wrongful death lawyers work on a contingency fee basis. This means you owe us nothing unless we secure compensation for you. We remove the stress of financial commitments, allowing you to seek the help you need. Schedule a free, no-obligation consultation and review of your case with Williams Hart & Boundas. Your family has suffered enough. We will tirelessly seek justice for your loved one and protect your family.
Houston wrongful death lawyers
Contact the skilled Houston wrongful death attorneys at Williams Hart & Boundas to discuss your case for free today. Our dedicated team of wrongful death lawyers are here to guide you through every step of the legal process, from understanding your rights to securing the compensation you deserve after tragic loss.