Houston Wrongful Death Lawyers

Lean On Us for Compassionate Counsel

If you have lost a loved one in an accident, you and your family deserve a sense of justice and closure. In many situations, the best way forward is to take legal action with the help of a wrongful death attorney. At Robins Cloud LLP, we proudly offer comprehensive legal services that bring both professionalism and compassion to every case we accept. You can lean on us when you just want time to grieve, not get lost in the legalese. We are here to tell you that you are not alone and that you have legal options worth exploring.

When you are ready, contact our Houston wrongful death attorneys by dialing (800) 691-2363. Initial consultations are free.

What is Wrongful Death?

A death is considered “wrongful” in legal contexts when it is caused by preventable negligence or recklessness, or if it happened due to intentional acts. A wrongful death claim is filed in the name of the deceased. If a personal injury claim would have been justified had the person survived, then a wrongful death claim is likely justified because they did not.

Common Causes of Wrongful Death

Our legal team has more than 100 years of collective practice experience. During that time, we have handled many wrongful death claims that arose from just as many situations and accidents. Using our full knowledge and resources, we will be prepared to handle your wrongful death case, too, regardless of what happened. If someone else’s negligence caused you to lose a loved one, then we will be ready to stand up for you and your family.

We can work on wrongful death claims that involve:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Defective products
• Unsafe prescription medicines
• Workplace accidents
• Nursing home abuse
• And more

Proving Liability in a Wrongful Death Lawsuit

In Texas, to succeed in a wrongful death lawsuit, several key elements need to be established. While specifics may vary depending on the circumstances of the case, generally, these elements include:

1. Duty of Care: You need to demonstrate that the defendant owed a duty of care to the deceased. This means proving that the defendant had a legal obligation to act in a reasonable manner to prevent harm to the deceased.
2. Breach of Duty: You must show that the defendant breached this duty of care. This involves proving that the defendant's actions (or inaction) fell below the standard expected of a reasonable person or entity in similar circumstances.
3. Causation: You need to establish a direct link between the defendant's breach of duty and the death of the individual. This requires demonstrating that the defendant's actions were a substantial factor in causing the death.
4. Damages: You must show that the death resulted in quantifiable damages to the surviving family members. This can include economic damages like financial losses, funeral expenses, and non-economic damages such as emotional suffering and loss of companionship.

Wrongful Death Damages

The compensation that is owed to you in a wrongful death claim will be different from a typical personal injury claim. Not only can you seek compensation for the harm that your late loved one suffered, but you might be able to receive damages related to your own suffering. When we are working on a wrongful death claim, we are always careful to uncover as many damages and insurance policies to file against as possible. Although no amount of money can undo what happened and help with your grief, you can find a sense of closure and stability in knowing that your finances can remain in order after losing a loved one.

In a wrongful death claim, you can seek damages related to:

• Economic Damages: These are tangible financial losses that the survivors have incurred as a direct result of the death. They may include:
  • Loss of financial support: This covers the income, benefits, and financial contributions the deceased would have provided to the family.
  • Loss of inheritance: The value of what the heirs would likely have received if the deceased had lived a normal life expectancy.
  • Funeral and burial expenses: Costs associated with the funeral service and final arrangements.
• Non-Economic Damages: These damages are more subjective and cover intangible losses suffered by the surviving family members:
  • Loss of companionship and consortium: Compensation for the emotional suffering, love, guidance, and companionship that the survivors have lost.
  • Emotional pain and suffering: The mental anguish, grief, and emotional distress experienced due to the loss of a loved one.

Who is Allowed to File a Wrongful Death Claim?

Texas wrongful death law limits the parties who have the right to file a wrongful death claim after an accident.

Parties who can file a wrongful death claim include:

• Surviving spouse
• Surviving children
• Surviving parents
• Any combination of the above

If no one starts a wrongful death claim within 90 days of the death, then the deceased person’s state administrator or executive can start the claim instead. However, this action can be prevented if the surviving spouse, children, and parents ask that no such action be taken.

Texas Wrongful Death Claim Statute of Limitations

Texas has a brief two-year statute of limitations for wrongful death claims, which begins on the date of the untimely death. When two years pass and no claim has been made, the court will dismiss any future filings before they have a chance to advance. While grieving, two years can move by quickly. We encourage you to call (800) 691-2363 and speak with us soon.

Trust in a Compassionate Legal Team

Robins Cloud LLP can make things at least a little easier for you after losing a loved one by handling your wrongful death claim from start to finish. We are here to be your trusted legal guides and representatives while also being true friends who care about your well-being. We can get through this difficult time together and honor your late loved one through legal action that demands justice.

Here are some advantages of working with our firm:

• Legal Knowledge and Experience: We have a team of skilled attorneys who specialize in handling wrongful death cases. Our experience in Texas law and specific knowledge of wrongful death statutes enables us to navigate the legal complexities efficiently.
• Investigation and Evidence Gathering: We conduct thorough investigations into the circumstances surrounding the death of your loved one. Our team gathers crucial evidence, such as witness statements, expert testimonies, and medical records, to build a strong case on your behalf.
• Legal Guidance and Support: Losing a loved one is emotionally challenging. We provide compassionate support while guiding you through the legal process. Our team communicates with you transparently, keeping you informed about the case's progress and your options.
• Maximizing Compensation: We strive to secure the maximum compensation available for your case. This includes seeking damages for both economic losses, such as financial support and funeral expenses, and non-economic losses like emotional pain and suffering.
• Negotiation and Litigation Skills: Our attorneys are skilled negotiators and litigators. We aim to reach fair settlements through negotiation but are fully prepared to represent your interests in court if a satisfactory settlement cannot be reached through negotiations.
• Statute of Limitations Compliance: Meeting legal deadlines is crucial in wrongful death cases. We ensure that all necessary paperwork and filings are completed within the statute of limitations, protecting your right to pursue compensation.
• Resource Accessibility: At Robins Cloud LLP, we have access to a network of resources, including experts and professionals, that can strengthen your case. Whether it involves accident reconstruction specialists or medical professionals, we leverage these resources to bolster your claim.
• Reducing Stress: Dealing with legal matters while grieving can be overwhelming. Hiring our firm allows you to focus on healing and processing your loss while we handle the legal complexities on your behalf.
• Personalized Approach: We understand that every case is unique. We offer a personalized approach, tailoring our strategies to the specific circumstances of your case and your family's needs.

Arrange a free initial consultation with our firm today.