Houston Wrongful Death Attorneys
Wrongful deaths can occur through various scenarios, from catastrophic injuries in a car accident to catastrophic illnesses contracted due to toxic work environments. Despite the variations in their causes, these unpredicted deaths leave behind family survivors reeling from shock, disbelief, and profound loss. Such losses and their impacts on families can be intensified because they were preventable.
At The Patronella Law Firm, we can provide the representation you need in the aftermath of such a needless death. Attorney Patronella has fought for Texas family survivors in wrongful death claims and lawsuits for over 30 years. His ability to craft well-prepared claims, negotiate aggressively with at-fault parties and their insurers, or apply his litigation skills in civil court are well-known and respected.
Our firm offers professional service and steadfast emotional support when you need it the most. We can help you navigate the often painful court process, taking the legal burden off your shoulders. This can allow you and your family the time, privacy, and space to come to grips with your loss and move through the grieving process toward healing.
Connect with The Patronella Law Firm for a free consultation with our Houston wrongful death attorney by phone at (888) 991-5580 or via our online contact form.
Understanding Wrongful Death in Texas
A wrongful death occurs when an individual dies as a result of someone else's negligence or intentional actions. In Texas, these claims seek to provide financial compensation to the deceased's family for the untimely and wrongful loss of their loved one.
Such claims can provide crucial support to the surviving family members, covering various types of damages and helping to address the financial and emotional impact of the loss.
Under Texas wrongful death law, these types of deaths occur from fatal injuries caused by a “wrongful act, neglect, carelessness, unskillfulness, or default.”
Examples can include:
- Traffic accidents in which an at-fault driver violates traffic laws, such as driving while under the influence of drugs or alcohol, speeding, or driving while texting
- Deaths resulting from unsafe working conditions, such as asbestos exposure leading to workers’ lung cancer or Mesothelioma
- Defective consumer products, such as pharmaceuticals, which increase the risk of cardiovascular disease or other debilitating mental or physical health conditions
Who Is Eligible to File a Wrongful Death Claim in Texas?
In Texas, the individuals eligible to file a wrongful death claim include:
- The deceased person's surviving spouse
- Biological and adopted children
- Parents of the deceased
If none of the above file within three calendar months following the death, the executor or administrator of the deceased’s estate may file the wrongful death claim unless expressly prohibited by a specified family member.
What Is a "Survival Action" in Texas?
A Texas survival action is a legal claim that allows the estate of a deceased person to seek recovery for damages the deceased could have pursued if they had survived. This type of action is designed to compensate for the pain and suffering, medical expenses, and other damages the deceased experienced before their death.
Essentially, survival actions continue the legal rights of the deceased individual as if they were still alive, enabling their estate to claim the compensation they would have been entitled to.
Navigating Wrongful Death Lawsuits in Houston
In Houston, the emotional and financial toll of a wrongful death can be overwhelming for families. The city is home to a diverse population, and the challenges faced by residents can vary widely. Whether it’s the aftermath of a tragic car accident on the busy highways or the consequences of unsafe working conditions in local industries, the impact of these preventable tragedies is felt deeply within our community.
Local government entities, such as the Houston Police Department and the Texas Department of Insurance, play crucial roles in addressing safety regulations and enforcing laws that protect residents. However, when negligence leads to a wrongful death, families often find themselves navigating a complex legal landscape alone. This is where we can help. We understand the unique pain points that Houston families face, from the emotional distress of losing a loved one to the financial burdens that follow.
At The Patronella Law Firm, we are committed to standing by Houston families during these challenging times. We know the local landscape and the specific challenges you face, and we are here to guide you through the process of filing a wrongful death lawsuit. Let us help you find the peace of mind you deserve as you navigate this difficult journey.
Contact The Patronella Law Firm today for a free consultation with our Houston wrongful death attorney by phone at (888) 991-5580 or through our online contact form.
Key Differences Between Survival Actions and Wrongful Death Claims:
Beneficiaries: Survival actions benefit the deceased person’s estate, meaning the damages recovered will be distributed according to the deceased's will or state intestacy laws. In contrast, wrongful death claims provide compensation directly to the deceased person’s family members, such as their spouse, children, or parents.
Damages: Survival actions focus on the injuries and damages experienced by the deceased before death, including medical expenses, property damage, and pain and suffering. Wrongful death claims, however, address the impact on family members, covering loss of financial support, lost companionship, funeral expenses, and emotional distress.
Legal basis: The legal premise of a survival action is that the deceased's cause of action (the right to sue) "survives" their death and can be pursued by their estate. In wrongful death claims, the legal basis is the family’s right to seek compensation for their own losses as a result of the wrongful death.
Understanding the distinctions between these two types of claims is crucial for effectively navigating the available legal remedies following a wrongful death. When both types of claims are applicable, it is often beneficial to pursue them concurrently to ensure comprehensive compensation for all damages incurred.
Statute of Limitations for Wrongful Death Claims in Texas
The Texas statute of limitations for filing a wrongful death claim is two years from the date of the individual’s death. However, specific circumstances and exceptions might extend this period, making it crucial to consult with a qualified attorney. Contacting our firm as soon as possible after the death enables us to file your claim within the applicable timeframe to avoid losing the right to compensation.
Connection to Our Personal Injury Practice Areas
Our extensive experience in handling cases involving lung cancer, asbestosis, Mesothelioma, and other toxic torts uniquely positions us to represent families in wrongful death claims connected to toxic exposure.
The fatal consequences of prolonged exposure to hazardous substances such as asbestos can lead to severe illnesses, resulting in the wrongful death of a loved one. In many instances, these wrongful deaths are directly attributable to corporate negligence, insufficient safety measures, or environmental contamination.
We understand the complexities of proving such cases, including the necessity of expert testimonies to establish causation and liability. Our firm is committed to seeking justice for families affected by toxic exposure or other wrongful actions. We forcefully fight for fair compensation and closure in the wake of such an immeasurable family loss.
Has your family suffered a wrongful death? Talk to our Houston wrongful deathful lawyer in a free case review by contacting us at (888) 991-5580 today. We handle cases across the Nation.
