Wrongful Death Lawsuit

Attorney for Fatal Car Accidents, Killed in Accident, Fatal Falls

$22.5 M
Product Defect
$25.5 M
Fatal Railroad Accident
$4.25 M
Swimming Pool
$3.5 M
Fatal SUV Rollover

Wrongful death lawsuits pay families for the loss of a family member. When you have lost someone due to the reckless conduct of others, you are often too busy picking up the pieces left behind to devote time to pursuing your legal rights. We understand what you’re going through—funeral preparation, the mix of emotions you’re dealing with, and the questions you have. Survivors are frequently confronted with the emotional hardship of grieving and the resentment of knowing that their loved one’s death was caused by someone else. Our wrongful death lawyer has the experience to help you get through it.

Our wrongful death attorney helps families by immediately starting a post-accident investigation, evidence retrieval, interviewing critical witnesses, and hiring engineers and experts to help prove the case. We have been doing this for nearly 40 years. So we understand what needs to be done. Protecting our client’s legal rights, gathering the evidence, and preparing for filing a wrongful death lawsuit is what we do.

It is essential to find the services of a wrongful death lawyer to help with the loss of a loved one. Our wrongful death lawyer is based in Houston, Texas. But we understand that tragedies occur nationwide. We have handled cases in 40 states due to our national recognition in wrongful death lawsuits. We have obtained hundreds of millions for our clients when deaths or injuries were caused by someone else. Our routine day includes suing some of the world’s biggest corporations, manufacturers, DWI drivers in fatal car accidents, contractors, 18-wheeler trucking companies, individuals, and other negligent defendants across the United States.

Wrongful death lawsuits are distinct from the criminal court system. When responsibility is shown in a wrongful death lawsuit, the remaining family members are awarded money. No amount of money could compensate you for just one more minute with your dead relative. But wrongful death lawsuits can help with funeral expenses, medical expenses, emotional distress, lost income, future earnings, loss of anticipated benefits, loss of companionship, comfort, protection, love, care, loss of household services, loss of a parent’s guidance and training, loss of a spouse’s intimate sexual relations.

wrongful death attorney near meOur fatal accident attorney is Board Certified in Personal Injury Trial Law. Less than one percent of lawyers are certified because the Texas Board of Legal Specialization requires intense experience to qualify just to take the rigorous examination. He was also an attorney for the Supreme Court of Texas. If you hire us, you can trust that your wrongful death lawsuit will be pursued by a legally recognized specialist. 

All wrongful death lawsuits are handled on a contingency fee. That means no money is charged until the client wins. If you suspect someone else may be responsible for your relative’s death, please call us at 1-800-883-9858 for a free case evaluation or fill out the online form

 

What is considered a wrongful death claim?

Wrongful death is defined as a death caused by another’s wrongful conduct, carelessness, or fault. Individuals, companies, small enterprises, and government agencies can all be held responsible for wrongful deaths. Determining who is to blame is not always straightforward and needs the assistance of a knowledgeable wrongful death lawyer. A claim for wrongful death can arise from any form of deadly event, such as a vehicle accident or incidents like a:

  • Fatality from accidents involving pedestrians or bicyclists
  • Drunk driving death
  • Construction site fatality
  • Defective product death
  • Workplace accident fatality
  • Death from lack of supervision at daycare, nursing home, or swimming pool
  • Fatality from a pharmaceutical

What should I do after my family member was killed in an accident?

When a loved one dies in an accident you must act quickly to make sure the accident evidence is preserved, photographed, and secured for any wrongful death claim. It is essential to contact an attorney experienced in wrongful death lawsuits to help ensure that your rights are protected.

Surviving family members are sometimes at odds about what to do or where to turn after a tragic death. They may be unaware about how and why their loved one died, as well as who the key individual is who is accountable for that loss. Following are some steps to take following an accident or what you feel is a wrongful death:

 

  • Gather evidence at the scene of the accident. The more evidence you collect and the sooner you do it, the more likely you are to have a solid case. Get the names and contact information of any witnesses you can, take photographs of the accident site and damage, and make notes on what happened if you can.
  • Make a list of everyone who was possibly involved, including individuals, companies, products, and locations.
  • Before making any comments or signing any insurance settlement forms, contact an experienced wrongful death attorney as soon as feasible.
  • Gather any insurance paperwork you may have and contact your insurance carrier as soon as possible.
  • Make a list of the events leading up to and including your loved one’s death, such as what they were doing both before and after the accident or injury.
  • Keep all medical records, invoices, or receipts relating to the treatment your loved one received.
Filing a wrongful death claim requires taking the steps necessary to unearth facts or conditions that aren’t immediately apparent, as well as gathering the evidence needed to establish that another person was to blame. Any information you can give your attorney will help them create a stronger wrongful death case.
 

Who can sue when someone has been in a fatal car accident, killed, or had a fatal fall?

We are often asked which family members can file a lawsuit for the death of their loved one. Who can sue, along with the burden of proof and evidentiary requirements varies on each state and must be studied thoroughly before any lawsuit is filed. 

Members of the family. Damages can be sought by spouses, children, and parents of unmarried children. In some states, sisters, brothers, or grandparents may pursue a wrongful death case under certain circumstances.

Financial dependents and life partners. Depending on the state law at issue, anyone who is financially dependent on the deceased, including presumptive spouses (common law), has the right to seek restitution. Even if they are not connected by blood or marriage, anybody who suffers financially as a result of the wrongful death may seek compensation to replace lost support under some state’s laws.

How long do I have to file a lawsuit after someone is killed?

The law names the time you have to sue a “statute of limitations.” In some states, you must bring the wrongful death lawsuit within one year from the date of the fatal accident. In other states, you will have two or more years to bring the claim. Filing deadlines can be a short time with strict notice requirements that must be followed or you’ll lose the case before it even begins.

These filing deadlines and notice requirements vary based on where the wrongful act occurred, where the beneficiaries live, and other factors. Because a wrongful death lawsuit takes a lot of legal research and factual investigation, it is vital to talk with lawyers before the time runs out. Don’t wait until the eve of the statute of limitations to talk to wrongful death lawyers because pre-suit preparation such as investigations and discovery are often needed to ensure the correct defendants are named in the claim. Also, your wrongful death lawyer will research the best venue to file the lawsuit and sufficient time to properly serve the lawsuit against the right defendants.

Common Questions in Wrongful Death Claims

Survivors of the Estate of the deceased and other family members often ask:

  • Who is the dead person’s representative in civil litigation?
  • Which surviving family members claims can recover financial compensation?
  • How much can survivors and family members sue for?
  • Which survivor has the strongest claim?
  • Is the wrongful death case brought in a civil or criminal court?
  • Who can bring a wrongful death claim?
  • What is statute of limitations in a wrongful death lawsuit?
  • Can we collect future lost wages or income that the dead person would have earned?
  • Can close friends, grandparents, or cousins of the victim get money for the death caused by another person?
  • Can a victim sue a criminal for injuries for the person’s death?
  • Can a child file a case for compensation for the loss of their parents?
  • Can one recover money due to the lost wages in the future for the victim?
  • What is the difference between wrongful death and accidental death?
  • How long does it usually take to settle a wrongful death claim?
  • How long does it usually take to settle a claim?
  • What proof do you need for a wrongful death lawsuit?
  • What is the wrongful death lawsuit statute of limitations in Texas?
  • Can I bring a wrongful death lawsuit for the loss of a sibling (brother / sister)?
  • Can we collect expenses for funeral services or financial losses of the dead person?
  • Can we collect past medical bills before the person’s death?
  • Can stepchildren sue on behalf of the Estate?

What Types of Damages are Recoverable?

Many ask if there is a wrongful death lawsuit calculator to help determine how much a to sue for when a loved one dies in an accident. We will try and explain the average value or payout in a wrongful death. Though the damages in a claim may vary slightly from state to state, typically three types of legal compensation or damages are recoverable by survivors of the deceased person.

  • Economic Damages – These damages are amounts that can be proved by the evidence presented. The family or personal representative of the deceased person may receive compensation past wages, property damages, medical expenses, funeral expenses, and burial bills, future wages, and future retirement benefits.
  • Non-Economic Damages – These are damages that a value is not attached or known and must be proved and reached in a settlement or awarded by a jury. The damages that one may recover include lost income and support, past and future pain and suffering, loss of companionship, mental anguish, loss of future inheritance, and loss of consortium.
  • Punitive Damages – When reckless conduct goes beyond ordinary negligence and rises to gross negligence punitive damages are requested to discourage similar acts by others and act as an example such conduct will not be tolerated, and harsh monetary awards assessed against the wrongdoer. These are often referred to as exemplary damages.
 
best super attorney wrongful death in Houston, Texas
Map of Former Willis Law Firm Clients over the last 38+ years

Why should I pursue a wrongful death lawsuit?

Nothing will replace seeing a loved one’s grin once more. But wrongful death settlements are vital for giving you financial stability after you experience the death of someone close. It not only gives you peace of mind by covering expenses, but it also gives you a more secure future by compensating for your loved one’s earning potential.

We realize that deciding to file a wrongful death lawsuit can be challenging. However, we think that people should be held accountable for their acts. No one should be forced to pay unnecessarily for the mistakes of others. As a result, we provide our services on a contingency basis. Our experienced wrongful death attorneys will never leave a stone uncovered and we will work in your best interests.

Because a wrongful death case requires significant time to investigate, it is important to contact a personal injury lawyer immediately to analyze your claim for a fatal accident. Your road to recovery begins with a free, confidential consultation with a personal injury lawyer experienced in fatal accident lawsuits.

Legal Blog

Our Latest News

GET YOUR FREE CONSULTATION