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Houston's Wrongful Death Lawyer
Has a reckless act taken the life of your loved one? Losing a loved one due to someone else’s negligence is a devastating and life-altering experience. At Mokaram Injury Lawyers, we understand the immense pain, frustration, and uncertainty families face during such tragic times. That’s why we are committed to standing by your side, fighting aggressively for justice, and holding the responsible party fully accountable for their actions.
As experienced wrongful death lawyers in Houston, we work tirelessly to secure the compensation your family deserves. From financial losses to emotional suffering and funeral expenses, we ensure no aspect of your loss is overlooked. Our team is dedicated to helping you find closure and achieve justice for your loved one. You don’t have to navigate this journey alone. Trust Mokaram Injury Lawyers to guide you through every step of the legal process and fight fiercely to protect your family’s rights today.
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Table of Content
What is a Wrongful Death?
A wrongful death occurs when a life is tragically cut short due to the negligent, reckless, or intentional actions of another party. Whether caused by a fatal car accident, medical malpractice, or unsafe working conditions, such tragedies leave families devastated and seeking justice. Surviving family members have the legal right to pursue compensation for their loss, covering financial support, emotional suffering, and funeral expenses.
A wrongful death claim (Texas Civil Practice & Remedies Code § 71.002) seeks to hold the responsible party accountable and provide grieving families with the justice they deserve. If you believe your loved one’s death resulted from someone else’s negligence, a wrongful death attorney in Houston, TX, can guide you through the legal process and fight for your rights.
Common Causes of Wrongful Death
Wrongful deaths can happen in a variety of tragic circumstances, often due to negligence or careless actions. Some of the most common causes include:
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Slip and Fall Accidents
Property owners are responsible for maintaining safe conditions. If a slip and fall on a hazardous surface results in death, the owner may be held liable for wrongful death due to negligence.
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Premises Liability
- Toxic Chemical Exposure
In workplaces or properties where harmful chemicals are improperly handled, chemical exposure can result in fatalities.
- Cruise Ship Accidents
Lax safety standards, poorly maintained facilities, or negligence on cruise ships can lead to serious cruise ship accidents or fatalities.
- Apartment Liability
Unsafe conditions in an apartment complex, such as faulty wiring, poor security, or dangerous stairways, can result in wrongful deaths.
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Motor Vehicle Accidents
- Car Accidents
Reckless driving, drunk driving, or distracted driving often lead to fatal car accident cases, causing devastating losses for families.
- Truck Accidents
Due to their size, collisions with trucks often result in fatalities, especially when caused by negligence like driver fatigue or improper maintenance in truck accidents.
- Motorcycle Accidents
Motorcyclists are particularly vulnerable on the road, and fatal crashes often occur in motorcycle accidents due to drivers failing to see or yield to them.
- Bus Accidents
Whether due to driver error, poor bus maintenance, or unsafe road conditions, bus accidents can be fatal for passengers or other drivers on the road.
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Medical Malpractice
Doctors and healthcare providers are entrusted with our health, but when they make negligent errors such as misdiagnosis, surgical mistakes, or medication errors, the consequences can be fatal, sometimes resulting in death.
Each of these wrongful deaths leaves families grieving and searching for answers. A wrongful death attorney in Houston, TX, can help hold those responsible accountable and seek justice for your loss.
Wrongful Death Statistics in Houston (2023)
The Houston Health Department offers a range of community health reports, including data on health disparities, mortality rates, and other health outcomes that impact the city. This includes wrongful deaths related to traffic accidents, violent crime, and other causes like medical malpractice and workplace accidents.
- 1. Traffic Accidents
- Over 67,000 traffic accidents were reported, contributing to a high number of wrongful deaths.
- 326 traffic fatalities occurred in Houston in 2022, with a similar trend in 2023
- 2. Homicides
- 339 homicides recorded in Houston by the end of 2023, down 20% from 2022's 427
- 25% of homicides linked to family violence in 2023
- 3. Premises Liability & Workplace Accidents
- Numerous wrongful deaths caused by slip-and-fall accidents, toxic exposure, and unsafe work environments.
- Rising fatalities in high-risk industries such as construction and manufacturing.
- 4. Medical Malpractice
- Fatal medical errors, including misdiagnosis and surgical mistakes, remain a significant cause of wrongful deaths.
- 5. Overall Decline in Crime
- Despite high fatality numbers, violent crime saw a 5-6% decline in 2023
Texas Wrongful Death Laws
- Surviving spouses, children, and parents are entitled to file claims for damages under Section 71.004 if a death occurs due to negligence or a wrongful act.
- Any eligible beneficiary can file on behalf of all; if no action is taken within three months, the executor or administrator must file unless instructed otherwise by beneficiaries.
- Liability applies to parties whose actions or those of their agents, servants, or employees cause death, especially in industries like industrial facilities, railroads, or public transportation (Section 71.002).
- Agreements between owners and operators cannot shield them from liability in wrongful death cases.
- Section 71.009 allows exemplary damages for cases involving willful misconduct or gross negligence.
- Compensation is divided proportionally among beneficiaries (Section 71.010) and is protected from the deceased’s debts to benefit the surviving family (Section 71.011).
Who Can File A Wrongful Death Claim?
In Houston, the individuals eligible to file a wrongful death claim are as follows:
Surviving Spouses
The spouse of the deceased can file a wrongful death claim for the loss of their partner.
Children
Biological or adopted children of the deceased have the legal right to file a wrongful death lawsuit, whether they are minors or adults.
Parents
Biological and adoptive parents of the deceased can file a wrongful death claim to seek justice for the loss of their child.
Estate Representatives
If the immediate family members do not file, a representative of the deceased’s estate can file a wrongful death claim on behalf of the beneficiaries.
In Houston and across Texas, siblings of the deceased do not have the right to file a wrongful death claim
Texas law also allows for a survival action claim, where the estate can recover damages on behalf of the deceased, such as pain and suffering experienced before death.
$12 Million
Work Related Injury
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$5 Million
Georgia Death Case
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$10 Million
Jury Award for Fatality
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$8 Million
Brain Injury Settlement
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$3 Million
Car Accidents Settlement
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$1 Million
Leg Amputation Settlement
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$100,000
Pedestrian Case Settlement
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$30,000
Motorcycle Case Settlement
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$120,000
Auto Accident Settlement
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$354,000
School Bus Accident Settlement
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- Cruise Ship Accident
- Car Accidents
- Boy Scout Assault
- Dangerous Drugs
- Motorcycle Accident
- Slip and Fall
- Aviation Accident
- NFL Concussion
- Rideshare Accident
- Bus Accident
- Traumatic Brain Injury
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The Legal Process for Filing a Wrongful Death Claim
Filing a wrongful death claim involves several steps to ensure justice for the deceased and their family:
Consultation with a Lawyer
The process begins with a consultation with an experienced wrongful death attorney. They evaluate the case, identify liable parties, and explain the legal rights of the surviving family members.
Investigation and Evidence Collection
A detailed investigation is conducted to gather evidence, including medical records, accident reports, witness statements, and expert opinions, to build a strong case.
Determining Eligible Claimants
The attorney ensures that all eligible family members, such as spouses, children, and parents, are accounted for under Texas law.
Filing the Claim
The attorney files the wrongful death claim in civil court, detailing the negligence involved and the damages being sought.
Settlement Negotiations
The defendant or their insurance company may offer a settlement. The attorney negotiates aggressively to secure a fair amount that compensates for the family’s losses.
Trial and Litigation (if necessary)
If a settlement cannot be reached, the case proceeds to trial. The attorney presents evidence, calls witnesses, and advocates for a favorable verdict before a judge or jury.
Distribution of Compensation
Once damages are awarded, compensation is distributed among eligible beneficiaries according to Texas law, ensuring fairness and compliance with legal guidelines. Working with a skilled wrongful death lawyer at Mokaram Injury Lawyers ensures that grieving families receive the justice and compensation they deserve while navigating the legal process with confidence.
How to Divide a Wrongful Death Settlement
Dividing a wrongful death settlement can vary depending on the jurisdiction and the specific circumstances of the case, but in Texas, the distribution generally follows a set process determined either by the court or through an agreement between the beneficiaries. Here’s how it typically works:
Identifying the Beneficiaries
In Texas, the spouse, children, and parents of the deceased are considered eligible beneficiaries for a wrongful death settlement. Siblings, however, are not eligible to receive a portion of the settlement.
Court’s Role in Division
If the case goes to trial and a jury awards damages, the jury often determines how the settlement is divided among the beneficiaries. They may take into account factors such as:
- The relationship of each beneficiary to the deceased.
- The financial dependence of each beneficiary on the deceased.
- The emotional loss each beneficiary has suffered due to the death
Settlement Division by Agreement
In many cases, the beneficiaries may agree on how to divide the settlement among themselves. If they reach an agreement, the settlement can be distributed according to their terms without court intervention.
Types of Damages Considered
The wrongful death settlement may include various types of damages, such as:
- Economic damages: Loss of financial support, medical expenses, and funeral costs.
- Non-economic damages: Loss of companionship, mental anguish, and emotional suffering.
- Punitive damages: In some cases, these are awarded to punish the negligent party.
Each of these types of damages may be split differently, with the court often giving priority to the financial needs of surviving dependents.
Structured Settlements
In some cases, the settlement may be structured, meaning payments are made over time. This approach can allow the beneficiaries to receive regular payments rather than a lump sum.
If the beneficiaries cannot agree on how to divide the settlement, the court will make the final decision based on the best interests of all parties involved.
How to Calculate Wrongful Death Damages
Calculating wrongful death damages involves several factors, aimed at compensating the survivors for their loss. The total amount is influenced by both economic and non-economic damages, and sometimes punitive damages are also considered. Here’s a breakdown:
Economic Damages
These are the quantifiable financial losses caused by the death of the loved one. A wrongful death attorney in Houston, TX, will consider the following factors:
- Lost earning capacity: This is based on the income the deceased would have earned if they had lived. It includes wages, benefits, and any other financial contributions.
- Medical expenses: The costs associated with medical care prior to the deceased’s passing.
- Funeral and burial costs: These expenses are reimbursed as part of the damages.
Non-Economic Damages
These damages compensate for the emotional impact of the loss and are typically harder to quantify:
- Loss of companionship: The emotional distress experienced by the family, including loss of guidance, love, and companionship.
- Mental anguish: This covers the emotional pain and suffering the survivors endure due to their loss.
- Loss of consortium: For spouses, this may cover the loss of a marital relationship and all the associated emotional and personal support.
Punitive Damages
In cases where the death was caused by gross negligence or intentional harm, the court may award punitive damages to punish the responsible party and deter future misconduct.
Factors that Affect the Calculation
- The age and health of the deceased.
- The deceased's income and earning potential.
- The beneficiaries' ages and financial dependence on the deceased.
- The life expectancy of both the deceased and the beneficiaries.
Calculating damages in a wrongful death case is complex and often requires expert testimony, including economists and medical professionals, to properly estimate future losses and emotional harm. Consulting with a wrongful death attorney in Houston, TX, at Mokaram Injury Lawyers ensures that all relevant damages are accounted for and that families receive fair compensation
Wrongful Death Statute of Limitations in Texas
In Texas, the wrongful death statute of limitations sets a strict deadline for families seeking justice after a loved one’s death caused by negligence. Understanding this timeline is crucial, as it impacts your ability to file a lawsuit and pursue compensation. Missing this deadline can permanently bar your right to hold the responsible parties accountable. Here’s a breakdown of the key details to ensure you meet the legal requirements and protect your family’s future.
Wrongful Death Statute of Limitations in Texas
Time Limit for Filing
- 2 Years: You have two years from the date of death to file a wrongful death lawsuit.
Who Can File
- Eligible Parties: The surviving spouse, children, and parents of the deceased.
Exceptions
- Fraud or Hidden Injury: The time limit may be extended if the death was due to hidden injuries or fraud.
- Minors: The clock starts when the eligible person turns 18.
Why It Matters
- Missed Deadline: If you miss the deadline, you may lose your right to compensation.
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Compensation Types in Houston Wrongful Death Claims
When a loved one’s life is taken due to negligence, you deserve maximum compensation for your unimaginable loss. At Mokaram Injury Lawyers, our Houston wrongful death attorneys fight relentlessly to secure every dollar you and your family are owed. Here’s how we ensure you get justice:
- Medical Bills
The family is entitled to recover the extensive medical expenses incurred as a result of the injury or illness that led to the wrongful death. We ensure no bill goes unnoticed.
- Funeral and Burial Costs
Losing a loved one is hard enough; the financial burden of their final arrangements should not fall on you. We will fight to make sure you’re reimbursed for these expenses.
- Pain and Suffering
You deserve compensation for the intense grief, mental anguish, and emotional trauma caused by this devastating loss. We won’t settle for less.
- Loss of Companionship and Support
The death of a loved one robs you of love, comfort, and emotional support. We aggressively pursue damages to reflect that profound void in your life.
- Punitive Damages
When recklessness or malice is at play, we push for punitive damages to punish the responsible party and deter similar actions. Your family deserves justice, and we make sure you get it.
- Loss of Earnings and Financial Benefits
If your loved one was a primary provider, losing them can mean financial disaster. We ensure your future is secured by seeking compensation for lost wages and benefits, holding those responsible accountable.
Survival Claim vs. Wrongful Death Claim: Understanding the Key Differences
A Survival Claim is a type of legal action that allows the estate of a deceased person to pursue compensation for the pain, suffering, and financial losses the person experienced before their death due to someone else’s negligence. Essentially, it is the claim the deceased could have brought if they had survived.
How is it Different from a Wrongful Death Claim?
The key differences between a Survival Claim and a Wrongful Death Claim are as follows:
Focus on the Decedent's Suffering vs. the Family’s Loss
- Survival Claim: This focuses on the damages the deceased person suffered before their death. It includes claims for pain and suffering, medical bills, lost wages, and any damages incurred between the time of injury and the death.
- Wrongful Death Claim: This focuses on compensating the surviving family members for the losses they have suffered as a result of the death. This includes loss of companionship, emotional trauma, funeral expenses, and loss of financial support.
Who Receives the Compensation
- Survival Claim: The compensation goes to the deceased person’s estate and is then distributed according to the will or state laws of inheritance.
- Wrongful Death Claim: The compensation goes directly to the deceased’s eligible family members (spouse, children, parents).
Types of Damages
- Survival Claim: Covers damages experienced by the deceased before they passed away, such as medical expenses, lost income, and pain and suffering.
- Wrongful Death Claim: Covers the damages experienced by the family after the death, such as loss of financial support, companionship, and emotional suffering.
Example
If a person was injured in an accident but lived for several weeks before passing away, the Survival Claim would seek compensation for the pain and suffering and medical costs they endured before death. The Wrongful Death Claim would seek damages for the loss that the family faces due to the death.
In Texas, both claims can be pursued, but the rules governing them differ, and they are often handled together in wrongful death lawsuits.
How Mokaram Injury Lawyers Maximize Wrongful Death Settlements
When a loved one is taken due to someone else’s negligence, you need a law firm that fights aggressively to secure justice. Mokaram Injury Lawyers don’t just represent you—we go to battle. Here’s how our Houston wrongful death lawyer stands up for you:
Thorough Investigation
We don’t rest until we uncover the full truth. Our legal team digs deep to identify who’s responsible for the wrongful death and how they can be held accountable. Every detail is investigated to build an unbreakable case.
Collecting Powerful Evidence
We know that claims are won with proof. That’s why we gather every piece of valuable evidence—medical records, accident reports, expert testimonies—all to prove negligence without any room for doubt. We ensure the evidence is undeniable, forcing the other side to face the consequences.
Calculating Maximum Damages
We don’t leave money on the table. From medical bills and funeral costs to lost wages, emotional trauma, and loss of companionship, we calculate every penny you deserve. We make sure you get what you’re entitled to, no exceptions.
Courtroom Representation
If the insurance companies or responsible parties won’t settle fairly, we don’t hesitate to take them to court. We bring your case before a judge and fight tooth and nail to get you the justice and compensation your family deserves. We’re ready to win.
Aggressive Negotiation and Settlement
Wrongful death cases often settle before reaching court, but we don’t let them settle for less. We negotiate aggressively to ensure you receive a settlement that fully compensates your loss. We won’t let insurance companies shortchange you.
At Mokaram Injury Lawyers, we fight relentlessly for your family’s justice. Our Houston wrongful death lawyer will be with you every step of the way, ensuring your family is compensated for this tragedy. We don’t settle for less, and neither should you.
Get In Touch!
If you’ve lost a loved one because of someone else’s negligence, don’t sit back. You have the right to pursue compensation, and Mokaram Injury Lawyers is here to ensure you get every dollar you’re owed. Our wrongful death attorneys are experts in Texas wrongful death laws and will stop at nothing to get you the justice your family deserves.
Time is critical—don’t let the negligent party get away with their actions. Contact us now for a free consultation, and let us start aggressively pursuing the compensation you’re entitled to. Your fight for justice begins today!
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When it comes to seeking justice after a tragic wrongful death accident, trust our team of highly skilled and top-rated attorneys. With a proven track record of success, we provide the expert legal representation you need to navigate the complexities of wrongful death claims. Our lawyers are dedicated to fighting for the compensation and justice your family deserves.
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Walter Champion
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Frequently Asked Question (FAQs)
Yes, you can sue an employer for wrongful death if the employer's negligence or unsafe working conditions led to the death. Workers’ compensation laws may impact your ability to sue, but exceptions exist for gross negligence.
In Texas, stepchildren are typically not eligible to file wrongful death claims unless they were legally adopted by the deceased. Only biological or legally adopted children, spouses, and parents can file a claim.
Yes, same-sex spouses have the legal right to file a wrongful death claim, as long as the marriage is legally recognized.
Children, whether minors or adults, can file a wrongful death claim. If the child is a minor, the statute of limitations typically begins when they turn 18.
Generally, wrongful death settlements are not taxable as they are considered compensation for personal injury or loss, though punitive damages and interest may be taxed.
