Houston Wrongful Death Attorneys

Wrongful Death Laws in Texas 

Texas law allows certain surviving family members to file wrongful death claims when their loved ones die due to the careless, reckless, and wrongful conduct of others. Generally speaking, when the person who died (known as the “decedent”) would have had grounds to file a personal injury lawsuit had he or she lived, the death is considered “wrongful.” 

At The Law Offices of Omar Khawaja, PLLC, we know that no amount of financial recovery can negate the immense loss you and your family have suffered. While there is no bringing back your loved one, a fair settlement or verdict can provide you with the financial resources you need to manage unexpected expenses in the wake of your loved one’s passing. It can also provide you and your family with much-needed closure and the justice you need to heal. 

Our Houston wrongful death attorneys provide highly compassionate and personalized legal representation to individuals and families who are navigating the unthinkable. While we cannot understand firsthand what you are going through, we do recognize the challenges you are facing—and we know how to help you overcome them. Our team is prepared to fight for you and will do everything possible to hold the liable party accountable. 

Types of Damages Available in Texas Wrongful Death Claims

The sudden, unexpected loss of a loved one is not only emotionally devastating; it can also wreak havoc on surviving family member’s financial security. Often, the tragic passing of a loved one is associated with exorbitant medical bills, funeral costs, and the loss of income upon which families depended to survive. When someone else—whether another person, a company, or some other party—is responsible for the death of your loved one, you do not have to simply shoulder these financial burdens on your own.

The state of Texas allows eligible individuals to seek compensation for the following types of damages in wrongful death cases: 

  • Medical expenses related to the decedent’s final treatment
  • Funeral and/or burial costs 
  • Lost earning capacity and loss of future income, wages, and benefits 
  • Lost inheritance, including future earnings the decedent likely would have left to heirs
  • Mental pain and suffering experienced by the surviving individual 
  • Loss of love, companionship, care, comfort, and society 
  • The reasonable value of services, advice, maintenance, and support provided by the decedent 
  • Punitive, or “exemplary,” damages awarded in cases involving gross negligence or wanton/willful misconduct 

We understand that no amount of financial recovery can truly “compensate” you for your loss. However, we also recognize just how important it is that you receive the fair monetary resources you are owed so that you can manage unexpected costs and begin to heal.

Our Houston wrongful death attorneys are prepared to pursue all possible avenues of compensation on your behalf. We leave no stone unturned when it comes to seeking maximum compensation for our clients, and we always prepare every case for litigation in order to stay one step ahead of the other side.

Houston Wrongful Death Attorney: Seek Justice Now

The most significant advantage of hiring a wrongful death lawyer is that he or she will protect your rights when handling insurance companies while simultaneously 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.

Why Choose Our Houston Wrongful Death Lawyers?

  • Our Extensive Knowledge of Texas Wrongful Death Laws: Lawyers who focus on wrongful death claims have deep insight and knowledge into the particular laws involved. Our team has handled numerous wrongful death cases on behalf of clients located throughout the Greater Houston Area, and we have a strong track record of success.
  • We Have the Resources to Fight for the Award You Deserve: Not only do wrongful death cases require a strong command of the law, but trying to navigate the process alone is also a challenge, as these cases require considerable financial and expert-level resources. When you hire our firm to represent you, we will perform the necessary work at no upfront cost to you.
  • We Understand the Value of Your Case: The experience of the wrongful death lawyer you select is essential, since he or she will provide his or her opinion regarding the value of your case. Our team can determine what your case is worth and then work to recover the full value you are owed during negotiation discussions or litigation proceedings.
  • We Provide Personalized Legal Care and Support: The Law Offices of Omar Khawaja, PLLC is ready to be a legal shoulder you can lean on when you need support and care. We know that there is nothing more difficult than losing a loved one, which is why we will honor this aspect of your life and provide you with the personalized counsel you need to move forward. We will also remain focused on your case’s legal aspects so that you have someone with a clear head representing your case to insurance companies.
  • We Are Ready to Go to Court: The majority of wrongful cases never enter a courtroom. However, there are certain cases in which litigation becomes necessary. Instead of accepting a subpar settlement, our attorneys are 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.
  • There Are No Advance Attorneys’ Fees: Your family does not have to worry about affording quality legal representation after a loved one’s death. At The Law Offices of Omar Khawaja, PLLC, we take cases 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. In the unlikely event that we do not collect a settlement or verdict on your behalf, you owe us nothing.

Contact a Trusted Houston Wrongful Death Lawyer Today

When you hire a wrongful death attorney from The Law Offices of Omar Khawaja, PLLC, you have someone you can rely on every step of the way. With past experience as a prosecutor, our founding attorney, Omar Khawaja, is a skilled and aggressive litigator. He and our entire team are ready to tirelessly pursue the justice you and your family deserve.

How Is “Wrongful Death” Defined in Texas? 

The state of Texas defines “wrongful death” as the death of an individual or failure of a fetus to be born alive due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. This includes acts of negligence, misconduct, and malpractice, as well as negligent omissions. 

Wrongful death cases arise from all types of accidents and events, including but not limited to:

At The Law Offices of Omar Khawaja, PLLC, we represent families who have lost loved ones due to all types of tragedies. Our attorneys have extensive experience successfully navigating Texas’s wrongful death laws and know how to effectively advocate for your rights. 

We can assist you in English, Spanish, Urdu, or Arabic, and your initial consultation is completely free.

Reach out to our firm today by calling (713) 561-5454 or by contacting us online. 

How to Prove Wrongful Death in Texas

In order to succeed in a wrongful death lawsuit, the plaintiff or injured party must prove the following elements:

  1. Duty of Care: The plaintiff must establish that the defendant owed a duty of care to the deceased person. For example, a doctor owes a duty of care to their patients, a driver owes a duty of care to others on the road, etc.
  2. Breach of Duty: It must be shown that the defendant breached the duty of care owed to the deceased. This means the defendant failed to uphold the standard of care expected in similar circumstances.
  3. Causation: The plaintiff must prove that the defendant's breach of duty was the direct cause of the deceased person's death. In legal terms, this is often broken down into two components:
    • Cause in Fact: The defendant's actions were a substantial factor in bringing about the death.
    • Proximate Cause: The defendant's actions were closely related to the death without any unforeseeable intervening events breaking the chain of causation.
  4. Damages: The plaintiff must demonstrate that they suffered measurable damages as a result of the death. This could include financial losses such as funeral expenses, loss of income, and loss of companionship, as well as emotional pain and suffering.

Personal Injury vs. Wrongful Death Lawsuits

Personal injury lawsuits and wrongful death lawsuits are both legal actions that involve seeking compensation for harm caused by someone else's actions or negligence. However, there are some key differences between the two.

Personal injury lawsuits are filed by individuals who have sustained injuries or damages due to the negligence or intentional actions of another party. The injured party, known as the plaintiff, seeks compensation for their injuries, medical expenses, lost wages, pain and suffering, and other damages.

Wrongful death lawsuits, on the other hand, are filed on behalf of a deceased person by their surviving family members or representatives. These lawsuits are brought when a person's death is caused by the negligence, recklessness, or wrongful act of another party. The purpose is to seek compensation for the losses suffered by the deceased person's family, such as funeral expenses, loss of financial support, loss of companionship, and emotional distress.

Wrongful Death Claims vs. Survival Actions 

In Texas, there are a few ways in which you can pursue a claim for your emotional and financial losses after the death of a loved one. 

These include claims under the following laws: 

  • Wrongful Death Act: Under the Wrongful Death Act, the surviving family member pursues compensation for financial damages related to the losses experienced as a result of the decedent no longer being alive.
  • Texas Survival Statute: Survival actions are provided under 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.

Since there are numerous legal routes you can take, and each one carries legal implications, it is important that you speak with a Houston wrongful death lawyer to fully understand your options. Our team will work to uncover all of the opportunities available to your family, as well as execute a strategy designed to protect your rights.

Who Can File a Wrongful Death Claim in Texas? 

In Texas, only certain surviving family members may file a wrongful death claim, including the decedent’s surviving: 

  • Spouse 
  • Children
  • Parents 

These individuals are granted priority in the first three months following the date of death. If no claim is brought within three months, the personal representative or administrator of the decedent’s estate may file a claim unless all eligible family members specifically request that no such claim be brought. 

Although these individuals are the only ones permitted by Texas law to file the wrongful death claim, they may do so on behalf of other eligible individuals who are entitled to wrongful death damages. Depending on the specific details of the situation, numerous dependents, heirs, and family members could legally be allowed to recover compensation after the wrongful death of a loved one in Texas.

For a complimentary consultation, please call (713) 561-5454 or contact us online using our free and secure submission form.

Our Promise To You

What Sets The Law Offices Of Omar Khawaja Apart?
  • Dedicated & Experienced Counsel
    Our team has handled thousands of cases and we have the skills, insight, and commitment to fight for the results you need and deserve. We are not afraid to go to trial and will work until we obtain justice on your behalf.
  • Personal Touch to Personal Injury
    At The Law Offices of Omar Khawaja we pride ourselves on providing personalized attention to each and every one of our clients. We work to get to know you and your case to understand how we can best assist with your goals.
  • Customized Legal Strategies
    We believe that no two cases are alike and work with you to understand, first and foremost, the details of your case and how our team can be most beneficial to you and your needs. Next, we work to collaborate with you on a targeted legal approach.
  • Commitment to Integrity

    Your legal rights are our priority. We give our utmost attention to every case with outstanding morals and work ethic. Our team commits ourselves to ALWAYS providing you and your loved ones with the highest quality legal service around.

How Long Do You Have to File a Wrongful Death Lawsuit? 

Like other personal injury claims, wrongful death cases are subject to a statute of limitations, or filing deadline. If you miss this deadline, meaning you do not file a wrongful death claim in court before the statute of limitations expires, you will almost certainly lose your right to pursue compensation. 

In Texas, the statute of limitations on nearly all wrongful death lawsuits is two years from the date of death. In other words, you have just two years from the date on which your loved one passed away to file a wrongful death claim in court. While this may seem like a long time, investigating the cause of the incident and putting together evidence can take months. Furthermore, negotiating with the insurance company can also be a timely process, meaning those two years can fly by. We encourage you to reach out to our Houston wrongful death lawyers as soon as possible so that we can immediately begin building your case. 

Fight Back Today

Our skilled attorneys, years of experience, and passion have made us one of the top law offices in Texas. When you have been injured, you need a team dedicated to giving you a voice. The Law Offices of Omar Khawaja is that team. 

Contact Our Team

Let Us Be Your Voice

We Will Aggressively Exercise Your Rights

Every case is different and every client has unique needs. Contact us today to see if we are the right lawyers for you.

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