Houston Wrongful Death Lawyer

Losing a loved one in an accident is a very painful experience, but doubly so if the tragedy was caused by someone else’s negligence. While no amount of money can ever replace the life lost, pursuing legal action can give you a much-needed sense of justice and closure as well as monetary compensation to ease your burden.

Let a reliable attorney help you in filing a wrongful death lawsuit. In Texas, you can count on Houston wrongful death attorney Andrew Cook to provide not only competent legal service but also the compassionate treatment needed in your situation. Talk to us today about your loved one’s death.

What Is A Wrongful Death Claim?

A wrongful death claim is a lawsuit you may file if your loved one has died as a result of another party’s “wrongful act, neglect, carelessness, unskillfulness, or default,” according to Texas law.

Texas has a statute of limitations setting a deadline for such a lawsuit – you should file the lawsuit within two years after the person’s death.

Am I Eligible To File A Wrongful Death Suit?

Under Texas law, these are the eligible parties who may make a wrongful death claim. These parties may file individually or jointly as a group:

• The spouse of the deceased
• The adult children of the deceased
  A fully and legally adopted child may claim for the death of his/her adoptive parent, but not for the death of his/her biological parent.
• The parents of the deceased
  Adoptive parents are also eligible.

Note that surviving siblings, whether biological or adopted, cannot make a wrongful death claim for their deceased brother or sister.

What Am I Entitled To In A Wrongful Death Lawsuit in Texas?

The compensation you may receive in a wrongful death lawsuit is meant to cover the losses you have suffered and may continue to suffer due to your loved one’s death. There are two types of losses for which you may be compensated; in legal parlance, these are called damages:

• Economic losses are those that have a specific monetary value such as lost earning capacity and lost inheritance.
• Non-economic losses are less subjective, such as emotional and mental suffering, lost companionship, and lost care and maintenance.

Aside from these, there are a few cases where exemplary damages – also called punitive damages – may be paid to the survivor. Exemplary damages are not meant to recompense the survivor but to punish the wrongdoer.

The total damages in your particular lawsuit will be divided among the surviving family members according to how much they suffered due to the untimely death. The court decides these proportions.

What Is Survival Action?

You may have heard you can pursue a “survival action” following a loved one’s death. This is different from a wrongful death claim. In a nutshell, a survival action is a personal injury claim made on behalf of your deceased loved one if he or she suffered prior to death. It is as though the personal injury claim “survived” the deceased person’s death.

You may also claim economic and non-economic damages in a survival action, including medical bills incurred prior to the death, funeral and burial expenses, and pain and suffering the deceased may have experienced before he or she passed away.

Typically, you may be able to file both a wrongful death lawsuit and a survival claim under Texas law.

Call Cook Law Firm Today

Taking legal action after losing a loved one can be stressful, complex, and altogether difficult but dealing with the right lawyer can help. Attorney Andrew Cook has the experience, proficiency and compassion to handle your Texas wrongful death claim and to get you the justice and compensation you deserve for your loss.