Wrongful Death
When a loved one’s death comes, it’s never easy to face. Humans thrive when connected through relationships. When those relationships are broken, the loss takes its toll emotionally and even physically. If the death of a loved one is unexpected, it seems the pain is multiplied because there was no time to prepare.
When the death of a loved one is caused by someone else’s negligent or careless actions, your grief is mixed with and may be eclipsed by anger. Your mind is flooded with questions like “Why and how did this happen?”
In your darkest days of grief, we want you to know you have a friend in the wrongful death lawyers at the Gustin Law Firm PLLC.
We understand that nothing can bring back your loved one or erase your loss. But we are committed to doing all we can to find any legal remedy to ease your suffering. When negligent people cause injury or death to others, we seek justice for those who are dealing with the loss.
Who Can File a Wrongful Death Lawsuit?
Wrongful death claims can be filed by certain members of the deceased person’s family. Those who can file a wrongful death action in Texas include the following surviving family members:
- Spouse
- Parents
- Children
- Adopted children, if the adoption was finalized
- Adoptive parents, if the adoption was finalized
Under Texas law, the siblings of the decedent do not have any legal rights to file a wrongful death claim. Those who are granted the right to file a wrongful death suit can file as individuals or file collectively as a family, but siblings are not allowed to be part of the claim.
Wrongful Death in the State of Texas
Texas law defines wrongful death as a death that is “caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation.” Under this law, a wrongful death claim can be filed by families of those who have been killed because of:
Drunk driving
Distracted driving
An 18-wheeler accident
Fatigue
Nursing home neglect
Defective products
Landlord negligence
Drunk driving
Distracted driving
An 18-wheeler accident
If you have recently lost a loved one under these or similar circumstances, you may qualify to file a lawsuit. Contact a wrongful death attorney at the Gustin Law Firm today. We will discuss the facts about your case and review your legal options.
Wrongful Death Compensation
It can be helpful to think about a wrongful death suit as similar to a personal injury lawsuit that the injured person might have filed if they had survived. Many of the kinds of compensation that would have been available to them are available to the surviving family, along with some others provided under Texas wrongful death laws.
Surviving families can recover compensation for:
- Lost wages that the decedent would have earned
- Lost inheritance for what might have been available had the decedent lived out their full life
- Lost guidance, care, and support that the decedent provided
- Lost household services that the decedent would have provided
- Mental anguish
- Lost companionship
Texas law also provides for damages that the decedent might have collected had they survived. These include money for:
- Medical expenses incurred while trying to save the decedent’s life
- Physical pain and suffering the decedent felt prior to their death
- The mental anguish of the decedent
- Funeral and burial expenses
In cases where the death was caused by willful or gross negligence, punitive damages may also be awarded. In these instances, the money awarded is not intended to compensate the family but to punish the person or people who are responsible for the death.
A lawyer for wrongful death lawsuits can help you determine how much compensation may be available for your family and whether punitive damages might apply.
Proving Responsibility for Wrongful Death
Believing that someone else is responsible for the death of your loved one is not the same as being able to prove it in court. An act that caused death may have been wrong, but not negligent.
Negligence must be illustrated for your lawsuit to be successful. To prove this, your wrongful death lawyer must show that certain elements were present in the event that caused your loss.
The plaintiff must be able to prove that the defendant or defendants owed a duty of care to your loved one. For example, a car driver has an obligation to pay attention to the road and not drive while distracted by their cell phone.
Your wrongful death attorney must prove that the defendant did not fulfill their obligation. In this example, phone records and witness statements might be used to show that the at-fault driver was using their phone at the time of the accident and thus breached their duty to other drivers.
The plaintiff must prove that the defendant’s negligent action or lack of action was the cause of the decedent’s death. For example, if the at-fault driver had not been using their phone, the collision that killed your loved one would not have happened.
A lawyer for wrongful death lawsuits should be able to illustrate that the surviving family suffered loss as a result of the damage caused by the defendant’s negligence.
How a Wrongful Death Attorney Can Help
The primary goal of a family who files a lawsuit for wrongful death is to seek justice on behalf of their loved one. Wrongful death lawyers know that compensation is also important.
While grieving loved ones are processing their loss, they may not be thinking about all of the financial complications that come from the death of their family member. That is part of an attorney’s job.
The Gustin Law Firm serves the greater Houston area and can help you achieve justice for your family member who was killed by another’s negligence. We will also fight for compensation to help you have what you need to grieve your loss without worrying about your finances.
We do this by working through your wrongful death claim thoroughly. This may include:
- Thoroughly investigating the circumstances
- Compiling evidence that will prove negligence and strengthen your claim
- Reviewing all of the relevant insurance policies that may provide compensation
- Negotiating with the insurance companies to ensure you receive a fair settlement
- Litigating your case in a courtroom if insurance companies are not willing to negotiate in good faith
- Distributing funds on your behalf after the case is settled
Wrongful death cases can be complicated, especially if there are questions about liability. We can serve you by removing the stress of the legal process so you can focus on grieving and beginning to heal. Compensation cannot bring back your loved one, but it can give you the peace of mind that comes with knowing your needs are met.
The Time to File a Wrongful Death Claim Is Limited
A wrongful death legal action must be filed with the court within two years of the decedent’s death. This is the period established by the Texas statute of limitations that governs such actions. Under certain circumstances, this period can be extended. However, it’s best to assume that you should file a lawsuit before the deadline passes.
If you do not file a lawsuit within the two-year window provided by law, you will likely lose your right to file a claim.
Why Choose the Gustin Law Firm to Represent Your Family?
At the Gustin Law Firm, every case is personal. It’s not our desire to be such a busy firm that we are unable to connect with our clients. We want to understand you and your family.
We consider it a privilege to walk through our client’s darkest days with them. It is an honor to contribute to providing the financial means for your family to heal and move ahead with life.
Gustin Law Firm works on a contingency fee basis. This means that if you do not collect compensation, you won’t pay us a fee. If you do collect damages, we will take a percentage of your award as our payment. In this way, you do not have to be burdened by wondering how you will pay for your legal representation.
There Is Hope for Tomorrow — A Wrongful Death Lawyer Near Me
Watching the great Texas sunrise reflecting off the Houston skyline is magnificent. Houston has many places, like Armand Bayou or the Cullen Sculpture Garden, where watching the sun come up over the horizon inspires hope for the new day.
Feeling this hope is hard when you’ve lost a loved one. It can feel like the sun is only rising for others.
But hope and healing can be found for you and your family. Don’t settle for a law firm that will not be on your side. The Gustin Law Firm would be thankful for the opportunity to provide compassionate care for your family, coupled with vigorous legal representation for your loved one.
Click the “Call Now” button today to learn how we can help you.
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