wrongful death

LET US HELP YOU GET JUSTICE

Williams Hart was founded to fight for everyday Americans. We have fought for decades on behalf of workers and our record of success is known by many corporations and insurance companies. We know how to handle workplace accident claims, whether the accident occurred on a construction site, oil field or rig, industrial or manufacturing plant, or in an office.

Many people wrongly assume that they can only file for workers’ compensation benefits if they have been injured on the job. What they  do not realize is that their company may be a “nonsubscriber” and may not even have workers’ compensation coverage available for you! Additionally, even if your employer has workers’ compensation coverage, you are not automatically barred from taking legal action, especially if there were other parties (like an equipment manufacturer) who may be at fault for your injury.

That’s why it is so important to contact an experienced attorney who understands the intricacies of workplace accidents. At Williams Hart, we have seen it all and have successfully handled countless claims on behalf of workers just like you. We know how to handle the insurance companies and employers and we will fight tenaciously to maximize the amount of compensation you will receive for your claim. That’s our commitment to you, and you can trust that we will be by your side every step of the way.

HOW OUR WRONGFUL DEATH LAWYERS CAN HELP

 

While no amount of compensation can make up for the loss you have suffered we believe the justice system can bring accountability and closure. Our track record of success in helping thousands of families is what sets us apart from other firms. We stand ready to help you when the unthinkable happens.

When clients ask what motivates us, our team will tell you that justice for the family is the biggest factor in everything we do.  Contact us today for a free consultation with a legal professional. Get the facts about your possible case with no obligation.

WHAT IS A WRONGFUL DEATH LAWSUIT?

In short, a wrongful death lawsuit is a civil claim filed by family members who lost a relative due to someone else’s negligence or misconduct to recover compensation for their losses. They can ask for the damages that their deceased relative would have been legally entitled to collect had he/she survived the incident in which they were killed plus the losses that they suffered due to their relative’s untimely death.

Wrongful deaths occur under a wide variety of circumstances. A death is wrongful if it was the result of someone else’s actions.

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ARE YOU ELIGIBLE TO SUE FOR WRONGFUL DEATH?

Each state has its own rules about who can file a wrongful death lawsuit, but here in Texas the surviving spouse, children (both adults and minors), and parents of the deceased are generally eligible to file. One of these individuals can file a claim on their own, or a group of them can file together. However, if no one from this cohort files a wrongful death claim within three months of the deceased’s passing, then the executor of the deceased’s estate can file a claim on behalf of the estate.

The wrongful death attorneys at Williams Hart firmly believe that the family should not have to shoulder the financial burdens that come with the loss of a loved one due to a tragic accident. It’s critical that you contact us as soon as possible to discuss your options. Let us fight on behalf of your family, just as we have for thousands of other families before.

CONTACT A TEXAS WRONGFUL DEATH LAWYER

 

When you call our firm, you’ll get to speak immediately to a qualified, compassionate wrongful death attorney. We’ll be ready to answer your questions and be a shoulder to lean on during this challenging time. Our consultations are always 100% free and completely confidential, so contact one of our Houston wrongful death lawyers of Williams Hart today to get started.

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FREQUENTLY ASKED QUESTIONS

 

 

If your loved one was killed due to the negligence of another party, you likely have many questions about your rights, who is responsible, and how to take care of your family during this time of grief. ​Check out any of the FAQs below or contact us today to learn more.
If the deceased left behind multiple heirs, how are damages divided?

Ideally, the decedent’s heirs will reach an agreement on how to divide the resulting damages among themselves. However, if they have not made such an agreement, or are unable to do so, the court can make an apportionment for them.

What’s the difference between homicide and wrongful death?

Homicide is a criminal offense that is committed when one person unlawfully takes the life of another. Homicide is an umbrella term that encompasses a few different types of unlawful killings, such as murder, manslaughter, etc.

How long do I have to file a wrongful death claim?

Wrongful death lawsuits can only be filed for a limited amount of time after the deceased passes away. Each state has its own set of laws, or statutes of limitations, that set timeframes within which different types of civil lawsuits can be filed.

Here in Texas, we have a statute of limitations that requires wrongful death lawsuits to be filed within two years of the deceased’s passing. There are a few limited exceptions to this rule, but most wrongful death claims that are filed after more than two years have passed will be barred by this statute and not be heard by the court.

Who can I sue for the wrongful death?

When someone dies due to the negligence or intentional actions of another party, the surviving family members of the deceasedcould file a wrongful death lawsuit against the party or parties responsible. This can cover a wide variety of entities, from individuals to companies to employees or government agencies.

Multiple parties may share liability in certain cases. That’s why it is crucial to hire a wrongful death lawyer to help you identify all liable parties and hold them accountable. For example, if someone is killed in a drunk driving accident, responsible parties could include:

  • The driver who chose to drive while intoxicated and caused the crash
  • Persons who sold or served alcohol to the driver
  • The owner of the establishment that overserved the driver

This is simply an example of how liability could be assigned to several different entities. Be sure to speak with your attorney about the specifics of your case as soon as possible.

How long does a wrongful death case take?

While it is natural for surviving family members to want to resolve their wrongful death case as quickly as possible to see that justice is served and to grieve and rebuild their lives in peace, the reality is that a wrongful death claim could take months or years to resolve. While some settlements can be achieved in a matter of months, you should expect your case to take anywhere from one to four years to be completely resolved.

It’s vital to understand that with wrongful death cases, speed is not the most important factor to consider. It takes time to investigate the tragic accident, identify all potentially liable parties, and build a persuasive case. In Texas, you have two years to file a wrongful death lawsuit according to our state’s statute of limitations, and you’ll want to allow your attorney plenty of time to negotiate for a fair settlement. If no settlement can be reached, they may advise you to file a lawsuit and seek damages in court.

What damages can I recover?

Damages awarded in a Texas wrongful death case can be broken down into the following three main categories: compensation for the decedent’s losses, compensation for surviving family members’ losses, and punitive damages.

Compensation for Decedent’s Losses. Compensation that the decedent would have legally been entitled to collect from the defendant had he/she survived. Examples include compensation for:

  • Pain and suffering
  • Medical Expenses
  • Lost wages

Compensation for Surviving Family Member’s Losses. Compensation for the losses the surviving family members suffered as a result of the untimely death. Examples include compensation for:

  • Lost companionship, love and comfort
  • Lost care, maintenance, and support
  • Lost inheritance
  • Loss of consortium
  • Funeral Expenses

Exemplary/Punitive Damages. If the wrongful death was caused by a willful act (or omission), gross negligence, or by particularly egregious behavior then the court may award exemplary damages in order to punish the defendant and to deter others from engaging in similar behavior in the future.

We want our clients to focus on recovery.
​Contact us for a free case evaluation with
​no obligation to sign up.