How do you cope with the unexpected loss of a loved one, knowing that someone else’s negligence bears the blame for their death? Texas civil law allows you to take action. You can work with Houston, TX, wrongful death lawyers to bring a lawsuit against the party whose negligence resulted in your loved one’s early passing.
Zinda Law Firm can help you walk the line between action and grief by connecting you with a legal team that can prioritize your recovery. You can work with two Texas personal injury attorneys, an investigative team, and a medical team to bring the truth of your loved one’s death to light.
Together we can fight to secure you the compensation you deserve in the face of another party’s fatal negligence.
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When Can You File a Wrongful Death Claim?
You may have the right to take legal action against the party responsible for your loved one’s untimely passing if you can prove that someone violated the duty of care they owed to the deceased. Unlike in a homicide case, however, you do not have to prove that the party you name liable is guilty beyond a reasonable doubt.
Instead, you have an obligation to prove by a “preponderance of evidence” that a liable party:
- Engaged in dangerous negligence or reckless behavior
- Bears the blame for your loved one’s passing specifically as a result of that negligence
- Owes the deceased’s impacted loved ones loss-based compensation
That said, you have a limited amount of time to bring forward the evidence needed to prove another party responsible for your loved one’s death. Texas Civil Practice & Remedies Code section 16.003 dictates the statute of limitations on all of Texas’s personal injury cases, including its wrongful death lawsuits.
That statute of limitations caps your actionable time at two years. You cannot file a wrongful death claim after a case’s statute of limitations expires except under exceptional circumstances. As such, it’s in your best interest to contact a Houston wrongful death attorney as soon as you can after a loved one’s passing.
What Are the Different Types of Wrongful Death Claims?
You may have the right to legal action beyond a wrongful death claim after a loved one’s untimely passing. The wrongful death claim you file with Houston’s civil courts can secure damages for the injuries your loved one specifically suffered at the hands of someone else’s negligence. That lawsuit can cover:
- Compensation for income lost as a result of a loved one’s death
- A survivor’s emotional distress, mental anguish, and pain and suffering
- Loss of consortium and companionship
- Funeral expenses that a survivor has to pay
You may also, however, file survival action against the party liable for your loved one’s death. Survival action allows you to demand damages that compensate for the injuries that your loved one endured due to someone else’s negligence. You can specifically request support to address a loved one’s emergency care, hospice, and other applicable medical expenses.
Survival action also allows you to demand damages for the non-economic losses your loved one endured between their injury and passing. Interested parties can learn more about the ins and outs of survival action courtesy of Texas Civil Practice & Remedies Code section 71.004.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationWhat Are the Most Common Causes of Wrongful Death?
Today’s most common wrongful death accidents go hand-in-hand with:
- Car accidents, including DUI accidents
- Accidents involving large trucks
- Workplace accidents
- Defective product accidents
- Daycare accidents
- Medical malpractice
Zinda Law Firm’s wrongful death attorneys in Houston have experience addressing all manner of fatal personal injury cases and can guide you through the specific factors most relevant to your pursuit of compensation.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationWho Can File a Wrongful Death Claim in Texas?
Texas only allows certain parties to file survival action or a standard wrongful death claim. According to Texas Civil Practice & Remedies Code section 71.004, only the deceased’s children, parents, or marital partner may take legal action on their behalf. These parties, in turn, are the ones who primarily benefit from the pursuit of a wrongful death claim.
That said, Texas allows personal executors the right to civil action on a deceased individual’s behalf. If the deceased’s personal executor is not one of the aforementioned parties, then the executor must wait three months after their representative’s passing to initiate legal action. This party may only take legal action if the deceased’s children, parents, or spouse has not.
CASE RESULTS
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationWhat Can You Do After a Loved One’s Wrongful Death?
You can initiate a civil claim after a loved one’s passing, but what steps go into that process? The easiest way to tackle a wrongful death lawsuit is to:
Contact a Wrongful Death Lawyer in Houston
Navigating civil law on a good day takes considerable time, patience, and education. Navigating civil law when you’re grieving someone you loved can feel impossible. While you can represent yourself and a loved one in a wrongful death case, you do not have to. You can turn to an attorney instead and let them manage your legal recovery.
With that in mind, many accident survivors choose to reach out to an attorney within hours or days of a loved one’s passing. The sooner you contact an attorney, the easier it is for an experienced professional to:
- Communicate with police officers on your behalf
- Prevent a liable party from destroying evidence of fault or intimidating you out of legal action
- Secure witness statements detailing the nature of your loved one’s accident
- Investigate the accident scene
- Compile information relevant to your case into a civil claim
- Stop insurance adjusters from undervaluing your and your loved one’s losses
That said, you have up until your statute of limitations expires to reach out to an attorney for legal guidance. If you’re not sure if you’re ready to proceed with a case, you can schedule a free, no-obligation case evaluation with Zinda Law Group. You can use this time to discuss our wrongful death attorneys’ services and what your best steps forward look like.
Request an Autopsy
You have a critical responsibility to prove that someone else’s negligence resulted in your loved one’s death. Unfortunately, the cause of your loved one’s death may not always prove obvious. If investigators can’t determine why your loved one died, you need to request an autopsy.
Autopsies can provide you with thorough reports detailing the circumstances surrounding your loved one’s death. Your attorney can then refer back to that autopsy when arguing that another party’s negligence contributed to your tragic loss.
You need to request an autopsy as soon as you can after your loved one’s passing. The longer you wait to have a professional examine their body, the more difficult it may prove to make sense of what physical signs of damage or injury might contribute to your case.
Secure Evidence of Fault
You also have a responsibility to preserve any additional evidence relevant to your case. You can work with a Houston wrongful death lawyer to carefully preserve any photographs, video footage, machinery, or physical debris from the accident scene.
The other evidence relevant to your case may include:
- Safety equipment
- Training materials or manuals
- Police reports
- Witness statements
- Input from expert witnesses
Our team can preserve relevant evidence until the time comes to share it either with a liable party’s legal team or a civil judge. We can also secure a court order, if necessary, to protect certain kinds of evidence from destruction or repossession, either by the liable party or an insurance company.
Assess Your Loved One’s Losses
As mentioned, the damages you’re entitled to in the wake of a loved one’s death vary depending on whether you’re filing a wrongful death lawsuit, pursuing survivor action, or engaging in some combination of the two. You must determine the overall value of your suit-relevant losses before filing your claim with a civil judge.
You may, however, also find yourself entitled to punitive damages under Texas Civil Practice & Remedies Code section 71.009. If a judge believes that the party responsible for your loved one’s death grossly violated your loved one’s duty of care, you may receive additional damages.
Do not request punitive damages when filing either a wrongful death lawsuit or survivor action. You should not factor possible punitive damages into your estimate of your case’s total value, either. These damages serve as a punishment for a liable party and may only be distributed at a judge’s discretion.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationLet Zinda Law Group Guide You Through Your Grief
No amount of money can ever replace the person you lost in a wrongful death accident. That said, you don’t have to let the party responsible for your loved one’s untimely passing get away with their misconduct. You can work with the wrongful death lawyers in Houston, TX, to take a liable party to civil court and demand compensation for your loved one’s losses.
Let Zinda Law Firm help you determine whether you’re entitled to a wrongful death claim or survival action today. You can contact our team online and by phone if you want to schedule a case evaluation. Our No-Win, No-Fee Guarantee ensures that you and your loved ones can pursue legal action without worrying about legal fees’ impact on your financial health.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
