Texas law makes it possible to collect compensation for your financial and emotional losses after another person’s negligence causes the death of your loved one. We can help you file this type of claim, and take your first steps toward moving forward with your life.
If you lost a spouse, parent, or child because of another party’s careless actions in Houston, it can benefit you to talk to a Texas wrongful death lawyer from the Law Offices of Hilda L. Sibrian, P.C. We can help you understand your options for recovery, and represent you throughout the claims process. Call us today at 713-863-1515 to learn more.
Who can file a Houston wrongful death claim?
Only certain family members can file a wrongful death claim under Texas law. This includes:
- The surviving spouse
- Adult children (e.g., biological or adopted)
Siblings, grandparents, and other family members are not eligible to file a wrongful death claim. However, if none of the eligible family members exist or all choose not to file a claim, the executor or other legal representative can file a claim to benefit the estate.
We can help you determine if you are eligible to file a wrongful death claim, and what actions you need to take to get the compensation you deserve.
Who is liable for my family member’s death?
You can only collect compensation through a wrongful death claim if we can prove the at-fault party’s negligence caused their injuries and subsequent death. Often, this is a motorist who caused a traffic accident, a homeowner who did not take adequate precautions, or a business owner who failed to keep customers safe.
Before we file a wrongful death claim, we will investigate your loved one’s death and collect any evidence that identifies the responsible parties. This is key to winning your claim and getting the compensation you deserve. Give us a call today, and let us go to work determining who is liable for your family member’s death. Only then can we hold that party responsible for your financial and emotional losses.
How can I get compensation for my financial and emotional damages?
The Texas Wrongful Death Act outlines the process of filing for compensation after losing a family member because of another person’s careless or negligent actions. In most cases, a wrongful death case will settle without ever going to court. Instead, we file a claim based on the liable party’s auto, homeowner’s, or business insurance.
We present strong evidence to show liability and demonstrate the damages you suffered. Then, our legal team counters any offer made by the insurance company, and negotiates a settlement that covers your losses. We handle all communication with the insurance company, and ensure your rights remain protected.
If the insurer refuses to agree to a fair settlement, we have two years from the date of your loved one’s death to file a wrongful death lawsuit in court. While this is rarely necessary, having the option available to us gives us additional bargaining power during settlement negotiations.
What types of damages can I recover?
While the process to file a wrongful death claim is not all that different from filing a claim after a car accident or other injury, you cannot collect the same type of damages. Normal personal injury claims cover the losses of the injured party. Wrongful death claims cover the losses suffered by family members. This means the types of damages you can recover include:
- Medical and funeral expenses of the deceased
- Lost earnings and loss of inheritance for your family
- Loss of parental and/or spousal services
- Loss of counsel, companionship, and support
- Any money spent to pay for counseling
- Mental and emotional pain and suffering
- Punitive damages, in limited cases
If your loved one had a pending personal injury claim at the time of death, we can determine whether you can continue that injury claim as well. However, the settlement from this claim, called a survival action, will benefit the estate, not the surviving family members. We can help you understand the factors at play, and determine the best options for you and your family.
Schedule a free consultation with a Houston wrongful death attorney today.
At the Law Offices of Hilda L. Sibrian, P.C., our staff understands the emotional and financial effects that impact families after one member loses their life in a preventable accident. We can help you understand your legal options for holding the at-fault parties responsible, and for recovering the compensation you need to cover your accident-related damages.
Call our Houston office today at 713-863-1515 to schedule a consultation. We are available for you 24/7. Se Habla Español.