Fighting for Families Who Have Lost a Loved One Due to Another Party’s Negligence
If you have lost a loved one due to the negligent act of another person or entity, you may be entitled to recover compensation for medical bills incurred before death, lost income the deceased would have earned, funeral and burial expenses, pain and suffering — mental, physical, and emotional — loss of companionship, and the ongoing financial impact of losing your loved one’s income and support. These losses are real, they are substantial, and the law provides a path to hold those responsible accountable.
When someone is killed in an incident attributable to another party’s liability or negligence, it is called a “wrongful death.” These cases are among the most complex and most aggressively defended in all of Texas personal injury law, due to the seriousness of the claims and the magnitude of potential compensation involved. Our wrongful death attorneys have been fighting for fatality victims and their families for more than 34 years. We have won hundreds of these cases, and we recently secured a significant award for one of our wrongful death clients.
What Do You Have to Prove?
To prevail in a wrongful death case, you must demonstrate that the defendant was negligent — meaning careless or unreasonable in their conduct — or grossly negligent, meaning their behavior was so outrageous as to shock the conscience. In cases involving gross negligence, the court may award punitive damages in addition to regular compensatory damages. Punitive damages are designed to punish the wrongdoer and send a public warning against similar conduct in the future.
There are four essential elements that must be proven to win a wrongful death case. First, duty — the defendant owed the deceased a legal duty not to cause harm. Second, breach — the defendant violated that duty through negligent or reckless conduct. Third, causation — the defendant’s breach directly caused the death. Fourth, damages — the surviving family members suffered quantifiable harm as a result of the death.
Certain cases involving fatalities, such as some product liability claims, operate under a different legal theory called strict liability, in which fault does not need to be shown for the defendant to be held responsible. Your attorney will identify which legal theories apply to the specific facts of your case and pursue every available avenue for compensation.
What Can You Recover?
If you can establish the four elements above, you may be entitled to recover damages under the Texas Wrongful Death Act. These damages are awarded to compensate the victim’s surviving family members for the losses they personally suffered as a result of the death — including loss of financial support, loss of companionship and consortium, loss of parental guidance for surviving children, and the emotional pain of losing a loved one.
A separate but simultaneous claim can also be brought under the Texas Survival Statute by a legal representative of the deceased’s estate. This claim covers the losses suffered directly by the victim before death — including medical expenses incurred during any period of survival after the accident, lost wages, lost earning capacity, and physical pain and suffering. The deceased must have been able to pursue these damages in a personal injury lawsuit had they survived.
Our wrongful death legal team has been recovering these categories of damages for clients for more than three decades. Many firms claim experience in wrongful death cases. We can prove ours — through the cases we have won, the families we have helped, and the resources we bring to every case we take on.
What Our Clients Say
“In 2007 my daughter was killed by a drunk driver… Without the law firm, I would have been lost… They’ve helped me do what I feel was justifiable for me and my family to get closure with my daughter — and I thank them.”
The Resources We Bring to Your Case
Winning a wrongful death case requires more than legal knowledge — it requires the financial backing, investigative infrastructure, and trial preparation capabilities to go toe-to-toe with well-funded defendants and their insurance carriers. Our wrongful death legal teams maintain significant financial resources, an in-house investigation team, a dedicated trial preparation team, and a 24-hour emergency response capability. Our attorneys are available around the clock, every day of the year. We make house calls for initial consultations when needed, offer free consultations, and charge no fees unless we win your case.
These in-house capabilities allow us to keep your costs down while thoroughly collecting and preserving all evidence necessary to build the strongest possible case. We have the resources and the qualified experts to pursue your case for as long as necessary to secure the compensation your family needs and deserves.
Do Not Wait — The Clock Is Already Running
The Texas statute of limitations requires that a wrongful death lawsuit be filed within two years from the date of death. Evidence can be destroyed, surveillance footage overwritten, and witness memories fade with each passing day. The sooner you contact our wrongful death lawyers, the better positioned we will be to investigate, preserve critical evidence, and build a compelling case on your family’s behalf.
Let us handle the legal and financial matters so you can focus on what matters most — grieving, healing, and honoring your loved one’s memory. Contact our office today for a free consultation.
