Did you lose a loved one in an accident in Houston, TX? Was someone else at fault? You may be entitled to compensation. At Omar Khawaja Personal Injury Lawyers, our Houston wrongful death attorneys will stand by your family and fight for justice. Call (281) 888-2339 for a free consultation.
Our legal team has over 100 years of combined experience and has recovered more than $100 million for clients. Our firm has built a reputation for excellence in complex and emotionally charged wrongful death cases. Contact us today for a complimentary consultation with a compassionate and experienced Houston wrongful death attorney.
Why Choose Omar Khawaja Personal Injury Lawyers After a Wrongful Death Accident in Houston, TX?
At Omar Khawaja Personal Injury Lawyers, we understand that no financial recovery can ever replace your loved one. However, a wrongful death claim can help provide stability, closure, and the means to move forward.
We bring a century of collective experience and a proven record of multimillion-dollar recoveries to every case we handle.
Families across Texas have trusted our Houston wrongful death lawyers because:
- We know Texas wrongful death law inside and out. Our team has handled countless complex personal injury and fatal accident cases.
- We treat our clients the way we would want to be treated. You’re not just another case to us. We understand your loss and work tirelessly to ensure your loved one’s story is heard and justice is served.
- We deliver results. With over $100 million recovered and counting, we’ve proven time and again that we can take on powerful corporations, insurers, and defendants.
Contact us today to schedule your free consultation with a Houston personal injury lawyer. We’re standing by to help you get justice.
What Is Considered a Wrongful Death Under Texas Law?
Under Texas Civil Practice & Remedies Code § 71.002, a wrongful death occurs when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another individual or entity.
Essentially, if your loved one would have had the right to file a personal injury lawsuit had they survived their injuries, you can likely bring a wrongful death claim against the responsible party.
Common situations that give rise to wrongful death claims include negligence-based accidents like motor vehicle accidents, workplace accidents, and medical malpractice. They also include intentional acts of violence, like assault, and strict liability incidents like product defect cases.
Our firm investigates every case thoroughly to identify who is responsible and whether you have a wrongful death lawsuit.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits eligibility to file a wrongful death lawsuit to specific surviving family members.
Eligible parties include:
- The surviving spouse
- Children (including legally adopted children)
- Parents of the deceased
If none of these relatives file a claim within three months of the death, the personal representative of the estate (often the executor) may file the lawsuit unless the family specifically requests otherwise.
The compensation awarded benefits all eligible surviving family members who suffered losses because of the death, even if they did not personally file the claim.
Understanding who has standing to sue can be technical and confusing, especially when blended families, stepchildren, or separated spouses are involved. Our attorneys can clarify your legal rights and ensure that your family’s claim is filed properly and within the required timeframe.
How Much Is a Wrongful Death Case Worth in Houston?
A compensation award in a wrongful death case can provide critical financial relief and stability for your family’s future.
The value of a wrongful death claim in Texas depends on several key factors, including:
- The decedent’s age, health, and expected lifespan
- Their income, earning potential, and financial contributions to the household
- The emotional and practical support they provided to family members
- Medical and end-of-life expenses related to the fatal injury
- Funeral and burial costs
- The mental anguish and suffering of surviving relatives
- The degree of negligence or recklessness involved in the fatal incident
At Omar Khawaja Personal Injury Lawyers, we collaborate with financial and economic experts to assess the true long-term impact of your loss. Our mission is simple: to pursue maximum compensation that honors your loved one’s life and helps your family rebuild after tragedy.
What Types of Compensation Are Available in a Texas Wrongful Death Case?
Texas law allows families to recover compensation for both economic and non-economic losses.
Depending on the facts of your case, you may be entitled to recover:
- Medical expenses incurred before your loved one’s death
- Funeral and burial costs
- Loss of income and financial support that the deceased would have provided
- Loss of inheritance or benefits that family members would have received
- Loss of companionship, comfort, and society
- Loss of parental guidance for surviving children
- Loss of consortium for surviving spouses
- Mental anguish and emotional suffering experienced by family members
In some cases, courts may also award exemplary (punitive) damages if the death resulted from extreme misconduct (such as a drunk driving case). Our Houston wrongful death lawyers take the time to fully evaluate all categories of damages to ensure that no loss goes unaccounted for.
Can You Recover Compensation if Your Loved One Was Partially at Fault?
Texas follows a modified comparative negligence rule with a “51% bar.” Under this rule, your family can still recover damages as long as your loved one was less than 51% at fault for the fatal accident.
However, the compensation you receive will be reduced by the percentage of fault assigned to your loved one. For example, if they were found 20% responsible, your recovery would be reduced by 20%.
Insurance companies often use this rule to blame the deceased and minimize or deny large payouts. Our legal team knows how to challenge unfair blame tactics. We work with accident reconstructionists, forensic experts, and eyewitnesses to set the record straight and protect your family’s financial recovery.
Common Causes of Wrongful Death in Houston
Fatal accidents can happen anywhere, but many wrongful deaths in Houston happen because of negligence. Our attorneys have handled hundreds of these tragic cases across Texas and know how to identify every party that may share responsibility.
Some of the most frequent causes of wrongful death include:
- Motor vehicle crashes
- Truck accidents
- Workplace and industrial accidents
- Medical malpractice
- Defective products
- Premises liability
- Criminal acts and violence
Every case is unique. Our firm conducts in-depth investigations to uncover every contributing cause of your loved one’s death. This approach ensures your family’s claim seeks compensation from all responsible parties.
Proving Liability in a Texas Wrongful Death Case
To recover compensation, your family must prove that another party’s negligence or wrongful act caused your loved one’s death.
Under Texas law, a successful wrongful death claim must establish four essential elements:
- Duty of Care. You must show the defendant owed a legal duty to act with reasonable care. For instance, drivers must obey traffic laws; doctors must provide competent medical treatment.
- Breach of Duty. You must prove the defendant violated that duty by acting carelessly, recklessly, or intentionally.
- Causation. You must show that the defendant’s breach directly caused the fatal injury.
- Damages. You must establish that the surviving family members suffered measurable losses as a result of the death.
Our attorneys meticulously build your case using evidence such as:
- Police and accident reports
- Witness statements and photographs
- Surveillance or dashcam footage
- Expert analysis from medical professionals and economists
- Employment and income records documenting financial losses
- Medical and autopsy reports
Reach out to us today to schedule a free consultation to learn more about how we can help you prove negligence.
How Long Do You Have to File a Wrongful Death Lawsuit in Texas?
The Texas statute of limitations gives families two years from the date of death to file a wrongful death lawsuit. Missing this deadline almost always means losing your right to recover compensation, regardless of how strong your claim may be.
Timelines can be complex and may include exceptions. That’s why it’s crucial to contact an attorney as soon as possible to comply with the deadlines in your case.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Houston?
Most wrongful death attorneys handle fatal accident cases on a contingency fee basis. That means you are not responsible for upfront fees or retainers. Likewise, you will not be subject to hourly billing during your case.
You only pay your attorney if they recover compensation for you. Their fee is a pre-agreed percentage of the final settlement or verdict recovered. If they don’t recover compensation for you, you owe nothing in legal fees.
At Omar Khawaja Personal Injury Lawyers, we offer contingency fees and provide free consultations to discuss your case and explore your options.
Contact a Houston Wrongful Death Lawyer for a Free Consultation
At Omar Khawaja Personal Injury Lawyers, we know no amount of money can replace your loved one—but financial recovery can provide stability and justice for your family. With over 100 years of combined experience and more than $100 million recovered, we have the skill and compassion to help you through this difficult time.
Contact us today to schedule your free consultation.
Visit Our Personal Injury Law Office in Houston, TX
Omar Khawaja Personal Injury Lawyers Houston
5177 Richmond Ave. Suite 1065, Houston, TX 77056
(281) 888-2339