If your closely-related family member is killed in an accident, you have the right to pursue a compensation claim in Texas if another person’s negligence caused it. Insurers do not always offer a fair settlement or treat claimants lawfully. Hiring a Houston wrongful death lawyer ensures that an experienced professional is protecting your case throughout the entire process.
Some deadlines apply to Texas wrongful death claims, which means that you should reach out for legal help and care as soon as possible to avoid missing your opportunity. The law offices of Omar Khawaja will not charge you advance legal fees if your family decides to hire us to represent your case.
Get the information and insight you want by messaging us privately online or by calling (281) 888-2339 for a Free consultation now. If you work with Attorney Omar, our legal team does not charge you any legal fees in advance.
Types of Wrongful Death Cases Attorney Omar Represents
Wrongful death laws fall under a subcategory of general personal injury. Several catalysts can cause your loved one’s death. Proving negligence is the underpinning of your case. As such, hiring a Houston wrongful death lawyer will help you preserve the evidence you need to prove your allegations against the other party as discoverable.
The law offices of Omar Khawaja represents the following types of wrongful death cases:
The negligent accident that caused your loved one’s death should have never happened. Without an independent investigation conducted by a Houston wrongful death lawyer, you may not know all of the circumstances, facts, and evidence surrounding your case, which can lead to an inadequate offer. Make sure you have Attorney Omar on your side to fight for your rights and provide compassionate, responsive legal care.
Get Help from a Houston Wrongful Death Lawyer
If you recently lost your family member to another party’s negligence, contact the law offices of Attorney Omar now if you have legal questions. Our legal team will help you navigate the complexities of your case while listening empathetically. Schedule a Free Consultation by messaging us here or by calling (281) 888-2339.
Fighting for the Justice of Wrongful Death Victims
In Texas, there are a few ways in which you can pursue a compensation claim for your emotional and financial losses. The first is a claim under the Wrongful Death Act, and the other is under a survival claim.
Wrongful Death Act
Under the Wrongful Death Act, the surviving spouse or children pursue compensation for financial damages related to the losses experienced as a result of the decedent no longer being alive. A Houston wrongful death lawyer at the law offices of Omar Khawaja will help you understand the laws that apply to your case.
Texas Survival Statute
Survival actions are provided pursuant to the Texas Survival Statute. The law permits your family member’s estate to file a wrongful death claim on behalf of him or her. All proceeds from survival claims are distributed to heirs.
Attorney Omar Looks for Every Opportunity
Since there are numerous legal routes you can take, and each one carries legal implications, speak with a Houston wrongful death lawyer to comprehensively help you understand your options. Attorney Omar will uncover the opportunities available to your family and execute a strategy that aims to assert your rights.
How a Texas Wrongful Death Claim Works
A wrongful death claim initially begins with a Free Consultation with a Houston wrongful death lawyer. It is a chance for you to determine if your case has legal standing and the direction in which Attorney Omar wants to take your case for the best outcome.
Once you decide to hire us and take your case, you will sign a representation letter, which forms the attorney-client relationship. From there, we will issue a notice to your insurance company and initial demand.
Investigation & Evidence Preservation
Thereafter, we will conduct a thorough investigation of the acts and preserve evidence as our legal team uncovers it. Your Houston personal injury lawyer will monitor your overall progress and health. Since your personal account is admissible as evidence, Attorney Omar may ask you to keep a personal journal that describes your pain level and how you are feeling emotionally.
Our office will handle the negotiations with the insurance company, which means that they will no longer contact you directly about your case. Your Houston wrongful death lawyer will promptly inform you of new developments or communications received to our office.
Ultimately, most people want to settle their cases out-of-court. In fact, more than 95 percent of cases do settle before ever going to trial. However, if the insurer refuses to pay what your case is legally worth, then your Houston wrongful death lawyer at the law offices of Omar Khawaja will fight your case in civil court before a judge or jury if necessary.
Comparative Fault Laws Can Reduce Your Settlement or Award
Texas’ wrongful death laws follow a doctrine known as “comparative fault.” Comparative fault describes the level of negligence by a degree of a percentage that each party contributed to the accident. For instance, if a motorist killed your family member, but your family member was speeding and contributed to the accident, the insurance company can reduce the overall award because your loved one partially contributed. If your family member contributed to 51 percent or more of the accident, then you cannot make a recovery at all.
Comparative fault is a defense tactic that your detractors may use against you. After all, it is how they reduce their financial responsibility. Ensure that you have a Houston wrongful death lawyer on your side to look out for your legal interests and ensure that you do not forfeit an award that you lawfully deserve.
Specific Family Members Can File a Texas Wrongful Death Claim
In Texas, parents, children, and surviving spouses can bring a wrongful death claim, unless it is a workers’ compensation case. In that situation, only spouses and children can file. Under a survival action, there is a three-month window that exists in which you file. Once the three months pass and no notice is filed, then the estate’s personal representative can file a lawsuit on behalf of heirs and beneficiaries in civil court.
Former spouses and extended family members are not permitted to file a case under the Texas Wrongful Death Statute. However, there are situations in which some individuals qualify as heirs of the estate for survival action purposes. A Houston wrongful death lawyer at the law offices of Omar Khawaja will help you understand your rights related to family members if you do not know who should file a claim.
Wrongful Death Compensation in Texas
There several monetary awards that you can pursue, called damages, under a Texas wrongful death claim. The monetary value of your wrongful death claim will depend upon the specific facts and circumstances of your case. Your Houston wrongful death lawyer will help you understand the value of your case, starting with your initial consultation and after an investigation.
While every case is different, Attorney Omar has won awards for clients, including:
- Future lost earnings and benefits
- Loss of household services
- Loss of society and companionship
- Related past medical costs
- Mental anguish
- Funeral or ceremonial costs
- Burial and cremation expenses
- And other recoverable awards as applicable
For cases exhibiting gross levels of negligence, your Houston wrongful death lawyer may recommend pursuing punitive damages. These awards are reserved for the most negligent acts and are designed to “punish” the defendant.
Wrongful Death Statute of Limitations
Two civil deadlines apply to wrongful death cases. As previously discussed, you have up to three months to bring a survival action against the individual who is responsible for your loved one death at the civil level. If the three-month window passes, then the personal representative or executor brings an action on behalf of the estate.
Two Years from the Date of Death
The other deadline is the Texas wrongful death statute of limitations. Under Texas’ statute of limitations, you have up to two years to file a claim from the date of your family member’s death. If you miss this legal deadline, then you forfeit your right to a civil award. If you want compensation for your losses, it is imperative that you do not miss this deadline.
If You Missed the Statute of Limitations
There are exemptions to the statute of limitations rules. However, they are reserved for specific circumstances. Make sure you speak with a Houston wrongful death lawyer at the law offices of Omar Khawaja to confirm whether or not you still have a case if this situation applies to you.
Advantages of Hiring a Houston Wrongful Death Lawyer
The most significant advantage of hiring a Houston wrongful death lawyer is that he or she will protect your rights when handling insurance companies while arming you with knowledge of how to pursue an adequate settlement or civil award. Your focus should be on your emotional and financial recovery, not spent fighting with insurance companies over the details of your loved one’s death.
Knowledge of Texas Wrongful Death Laws
Lawyers who focus on wrongful death claims have deep insight and knowledge into the particulars and laws involved. If your Houston wrongful death lawyer does not believe that working with us is beneficial, we will not recommend hiring us. However, if you have a strong case, we will use our training and resources to build it.
Resources to Fight for an Award You Deserve
Not only do wrongful death cases require a strong command of the law, trying to navigate the process alone is a challenge since it case requires financial and expert-level resources. When you hire Attorney Omar to represent you, he will perform the necessary work, including obtaining witness testimony, at no upfront cost to you.
Understands the Value of Your Case
The experience of the Houston wrongful death lawyer you select is essential since he or she will provide his or her opinion regarding the value of your case. Attorney Omar will determine what your case is worth and then work toward proving them during negotiation discussions or litigation proceedings in the courtroom. We will also track your losses to account for every dollar you are losing because of someone else’s negligent actions toward your family member.
Provides Legal Care and Support
The law offices of Omar Khawaja will be a legal shoulder you can lean on when you need support and care. Few events are more challenging than losing a family member in an accident. Your Houston wrongful death lawyer will understand and honor this aspect of your life. However, we will also remain focused on your case’s legal part so that you have someone with a clear head representing your case to insurance companies.
Ready to Go to Court
The majority of wrongful cases never enter a courtroom. However, there are certain cases that an insurance company refuses to budge on. Instead of accepting a subpar settlement, Attorney Omar is not afraid to take your case to civil trial and argue your case’s merits and facts before a judge or jury. Our legal team will never back down in the face of justice without a fair fight. We always have your and your family members’ best interests in mind throughout the entire claims process.
No Advance Attorneys’ Fees
Your family does not have to worry or fret about affording quality legal representation after a loved one’s death. Attorney Omar will take your case on a contingency fee agreement. As such, we will not request any form of payment in advance, and our firm only gets paid when you win your case. Otherwise, you owe us nothing.
Get Legal Help from Attorney Omar
At the law offices of Omar Khawaja, your Houston wrongful death lawyer empathetically understands how impactful the loss of a family member is. You do not have to pretend that everything is “ok” when you work with our team. Your Houston wrongful death lawyer will pursue justice on your behalf while being aware of the challenges your family faces at this point in life.
Schedule a Free Consultation Now
The most practical place to start on a claim is by requesting a Free Consultation with Attorney Omar. Contact us now to schedule yours by calling (281) 888-2339 or messaging us through our online contact form.