Wrongful Death Attorney
Wrongful death happens daily. Hazardous workplaces, defective goods, negligent drivers, and irresponsible property owners can cause avoidable deaths. If you recently lost someone important to you in any form of tragedy, from a vehicle accident to a job site death, contact a wrongful death attorney for help during this awful period. We provide caring legal counsel and free wrongful death case evaluations. Someone may owe your family a sizable amount of money.
We recognize the grief, anxiety, distraction, and uncertainties that come with fatalities. While grieving the death of a loved one, survivors confront a slew of additional challenges, including medical costs and lost income, as well as other vital considerations, such as whether to file a wrongful death lawsuit. Our clients never expect that they would be faced with the decision to file a claim over the death of a spouse, child, or parent.
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What is a wrongful death lawsuit?
Wrongful death is a form of civil claim in which surviving family members seek financial justice for losing a loved one. If misconduct is to blame for the harm that eventually proves fatal to a victim, the person responsible for the wrongful act must pay money. Filing a wrongful death case may compensate your family for economic damages and other losses, such as burial and funeral fees, as well as bring the at-fault person to justice.
A wrongful death lawsuit is not the same as a murder or homicide trial. It is not at all a criminal case. Instead, it is a claim filed in a civil court. It seeks to hold a person civilly responsible for someone’s death rather than criminally. Whether or whether the individual at blame committed a crime, your family may have cause to launch a wrongful death claim. Following deliberate misbehavior or a crime, such as homicide, your family may bring a civil wrongful death claim concurrently with a criminal prosecution against the offender. Your family may also be able to file a wrongful death complaint based on an unintended civil claim, like an auto accident.
Who can bring a wrongful death lawsuit?
Losing a loved one is terrible, but when that death is the outcome of someone else’s carelessness, the sorrow is especially devastating. If you have lost someone close in an accident caused by another person or business, you may be eligible to file a wrongful death case against them.
The answer to the question “who can file a wrongful death lawsuit?” is determined by the state in which the complaint is filed. Every state has a different approach to the right to file these claims. Often, state law will enable just the decedent’s spouse or children to launch a lawsuit. This ability may be extended to other direct family members in other states. Extended family may have the right to launch a case immediately after a wrongful death occurs, while others may be required to wait a certain time to allow closer relatives to file first if they so desire.
Close family members of the victim frequently file wrongful death claims. In Texas, for example, spouses, children, and parents of unmarried children are all qualified claimants of a wrongful death lawsuit. You should talk with an attorney about the specifics of your case to see if you are entitled to pursue a wrongful death claim.
Wrongful death plaintiffs usually include:
- Surviving spouse of the deceased
- Natural born children (minor or adult children) of the deceased
- Adopted children of the deceased
- Parents of the deceased
- Grandparents in some states under specific circumstances
- In some states siblings (brothers and sisters)
What types of wrongful death claims do you handle?
When looking for the best wrongful death lawyer in Houston, seek someone who has dealt with the sort of accident that stole your loved one’s life. Real-world, hands-on experience in your professional area is critical to the success of your case. Inquire about the possible attorney’s practice areas. We have nearly forty years of experience representing clients in many sorts of wrongful death lawsuits. We can assist you with learning your legal rights following any sort of deadly accident across the United States:
- Construction accidents
- Defective Products
- Drunk driving
- Auto defects
- Benzene poisoning
- Railroad crossings
- Motorcycle accidents
- Dangerous drugs
- Property accidents
- Accidents at work that kill
- Criminal behavior
- Neglect or abuse
- Truck accidents
Contact our wrongful death attorney for a free consultation to discuss your personal injury case and understand your legal options following any event that results in the heartbreaking loss of a loved one. We may be able to assist you in holding the people who caused the death responsible. Our personal injury lawyers are dedicated to rooting out wrongdoing in our society, particularly negligence that results in death. Filing a wrongful death lawsuit may help to safeguard others in Texas and the rest of the nation by compelling irresponsible people to accept responsibility for their acts. It may also provide your family with crucial financial security in the future.
How long do I have to file a wrongful death lawsuit?
It is vital to recognize that wrongful death lawsuits are subject to a statute of limitations. That is a time restriction for how long you may delay before bringing a wrongful death lawsuit, so you must act promptly when you and your family members want to get fair compensation. In situations like this, it is critical to consult with a lawyer to ensure that all of your rights are preserved.
What are the damages I can get in a wrongful death lawsuit?
Wrongful death damages are dependent upon the relationship of the plaintiff to the deceased. These wrongful death damages to the beneficiaries may include:
- Loss of companionship
- Mental anguish
- Past medical expenses
- Loss income
- Potential financial contributions and inheritance
- Funeral and burial expenses
- Loss of consortium
- Loss of support
- Loss of benefits caused by the victim’s death (pension, medical coverage, etc.)
- Loss of care, protection to the survivors
- General damages
- Punitive or exemplary damages
What is the average wrongful death lawsuit settlement?
Because there is no national clearinghouse for wrongful death settlement information, determining the average compensation for a wrongful death complaint is impossible. However, using anecdotal evidence to determine the worth of a claim may be valuable in evaluating the amount of compensation you should anticipate. Finally, your attorney is uniquely positioned to thoroughly assess your matter and counsel you on the type of compensation you may expect.
Wrongful death claims are determined by many criteria. Because no two claims are similar, determining the exact worth of your case can be challenging. Understanding these aspects, on the other hand, might be beneficial throughout the assessment.
The following elements are considered when calculating the value of a wrongful death case:
- The victim’s age
- The victim’s earning potential in the future
- The medical costs incurred as a result of the victim’s terminal sickness or injury
- The limits of the insurance policy
Given that these claims are meant to pay compensation for the victim’s wages for the rest of their life, wrongful death cases can be quite significant. Depending on the circumstances described above, these settlements might range from tens of thousands of dollars to several million dollars.
How do I prove a wrongful death claim?
Before you may get compensation for the death of a loved one, you or your attorney must establish that wrongful death happened. In general, proving a wrongful death claim requires proof that someone was irresponsible and that it resulted in your loved one’s death. You will not be required to establish that the defendant planned to kill your loved one or even that they intended to harm your loved one. The burden of proof is instead based on the legal concept of negligence. Four major components of negligence that your skilled wrongful death attorney must demonstrate are:
- Duty of care. The plaintiff must first show that the defendant owes the deceased person a duty of care. For example, motorists have a responsibility to drive safely, and property owners must safeguard their guests from harm.
- Breach of the Duty. After showing that the duty of care exists, a wrongful death plaintiff must also prove that the defendant breached their responsibility to the dead person. That is often shown by conduct that is negligent or reckless that results in the death of another person.
- Causation. The defendant is only responsible for the losses caused by the untimely death they caused. The plaintiff is not entitled to compensation if they cannot show a relationship between their losses and the broken duty of care.
- Damages. Finally, the plaintiff must show that they have incurred actual, measurable losses as a result of the wrongful death.
How can a wrongful death attorney help me?
Wrongful death is the most severe imaginable result of someone else’s misconduct. We believe in fighting for families facing the wrongful death of a loved one. If another person’s negligence or recklessness caused the loss of a loved one, your family is entitled to justice, answers, closure, and payment. Hiring a wrongful death attorney provides you the chance to go up against those responsible following a terrible accident. While your family mourns and attempts to recover, your attorney can handle the complex legal elements of your case:
- Identifying the people and companies responsible for the death
- Investigating the accident
- Obtaining the medical records of the deceased
- Obtaining proof of misconduct and gathering evidence
- Managing complex claim paperwork
- Providing evidence of the victim’s and family’s losses
- Putting together a case against the defendant
- Directing that the insurance firms compensate you to the full extent of the law
A wrongful death attorney will be familiar with the legal procedures involved in filing this sort of claim in your state. During this stressful time, your lawyer can assist you in effectively navigating these processes. Your lawyer will be aware of the genuine worth of your wrongful death litigation. They can get you more money from an insurance company for your catastrophic loss than you could get on your own. Professional legal services will give you much-needed emotional and moral assistance, in addition to moral and financial help. Hiring an attorney can ultimately save your family time, money, and a great lot of worry.
What are your results in wrongful death cases?
$15,000,000 Railroad Crossing One Wrongful Death – One Brain Damaged
A fast train collided with a vehicle carrying teenagers on a two-lane rural road. The train crew failed to sound the horn. Southern Pacific neglected to install crossing lights or gates. One of the backseat passengers died, and the other suffered brain damage. Following three weeks of deliberation, the court returned a judgement of $25.5 million against the railway company and crew. After the appeals were filed, the clients agreed to settle for $15,000,000. Expenses $37,481, Attorneys’ Fees $5,216,100, Net to Clients $9,746,419
$3,520,000 Industrial Accident – Wrongful Death from Ethylene Oxide Exposure
Our client was an electrical contractor who was sent to operate in a refinery in Beaumont, Texas. The worker was exposed to huge volumes of ethylene oxide while working in the plant basement for months, resulting in severe sensory nerve damage and death. David Willis, a personal injury attorney, filed a wrongful death claim against the plant’s owner and operator. After a protracted legal battle, they agreed to a $3.52 million settlement. Expenses $34,372, Attorneys’ Fees $1,208,000, Net to Clients $2,277,628
$3,500,000 SUV Rollover / Roof Collapse – Wrongful Death
A young married couple was travelling along Interstate 35 near Temple, Texas, when the driver’s back left tire unexpectedly detreaded, causing him to lose control. The SUV went off the road and onto the shoulder. When the ceiling fell, the wife’s head was crushed, killing her. David Willis filed a product liability action against the SUV and tire manufacturer, which was subsequently resolved for $3,500,000. Expenses $28,269, Attorneys’ Fees $1,400,000, Net to Client $2,071,731
$3,000,000 RV and Motorhome Fire – Two Wrongful Deaths
Our clients were a retired couple traveling their RV. A road danger caused a blowout on the right front tire. The tire slammed into the RV’s propane line, which was placed near the wheel well. It produced a breach that enveloped the elderly couple’s house in flames, with the intensity peaking at the RV’s front door. They died because they couldn’t flee the flames. David Willis filed a products liability case against the RV manufacturer and frame builder for the faulty design and placement of a propane line close to the lone escape. They reached an agreement for $3,000,000.Expenses $36,291, Attorneys’ Fees $1,200,000, Net to Surviving Family $1,763,709
$1,000,000 18 Wheeler Accident – Wrongful Death
Our client was slain by a truck driver who was high on narcotics. David Willis filed a trucking accident claim against the 18-wheeler driver and his business. They agreed to $1,000,000 in available insurance limits. Expenses $17,325, Attorneys’ Fees $333,333, Net to Clients $666,666
Why should I trust you with my wrongful death claim?
- David P. Willis is board certified by the Texas Board of Legal Specialization and has achieved superb results for clients involving death.
- We have won cases for our clients in more than 40 states across America.
- We are deeply committed to assisting families in the aftermath of avoidable deaths.
- We offer free and confidential case assessments.
- We exclusively handle personal injury matters, which gives us an advantage during claim discussions.
- We take all the risks. Our lawyer helps families with wrongful death cases at no cost to them. We will not bill you for our services unless and until we win.
- Our Houston wrongful death attorney has represented clients in a wide range of personal injury cases nationwide, including vehicle accidents, defective products, dangerous drugs, workplace accidents, and criminal assaults.
Wrongful Death Attorney in Houston Texas
We are dedicated to assisting clients who have lost a loved one. We realize that the vast majority of tragic incidents are avoidable at work, on the road, or someone else’s property. We aim to shine a light on tragic irresponsibility and, maybe, avoid such incidents in the future. If a family member died unexpectedly, start your wrongful death case with a free meeting with our Houston wrongful death lawyer.
David P. Willis is board certified as a personal injury trial law specialist. We represent families in wrongful death lawsuits across the United States. For almost 40 years, we’ve put in a lot of effort to get the best results for our clients, and we’ll do the same for you. Call us at 1-800-883-9858 to tell us your story.