Providing Empathetic And Individualized Legal Representation
Losing a loved one unexpectedly brings immense emotional and mental turmoil. Additionally, it often entails unforeseen economic costs and financial burdens. When the untimely death of your loved one is a result of someone else’s negligent or reckless actions, grief can swiftly transform into anger.
If your family has suffered the loss of a loved one due to wrongful death, you deserve justice and answers. At Goldenzweig Law Group, PLLC, our team of Pasadena wrongful death attorneys is dedicated to advocating for families like yours. We strive to secure full compensation for families who bear overwhelming financial strain following a preventable tragedy.
Contact our firm today to receive a complimentary case evaluation. During this consultation, we can address your rights, answer any questions you may have, and discuss the subsequent steps. Our firm operates on a contingency fee basis, meaning you only pay us if we successfully recover compensation on your behalf.
To schedule a free consultation, call us at (713) 609-1930 or complete a secure online contact form. Hablamos español.
Defining “Wrongful” Death in Texas
In general, under Texas’s wrongful death statute, a death is considered “wrongful” when it arises due to another person’s negligent, reckless, careless, or wrongful conduct. This includes situations where a fetus does not survive due to medical negligence or other forms of misconduct.
If the deceased individual would have had grounds to pursue a personal injury claim had they survived, their death is likely deemed “wrongful.” Consequently, certain surviving family members possess the right to initiate a wrongful death lawsuit against the party responsible for the death. They can seek compensation for losses, or damages, associated with the deceased’s passing.
Common Causes of Wrongful Death
Wrongful death claims frequently arise from various types of accidents, including:
- Car accidents, such as drunk driving incidents, hit-and-run accidents, or collisions involving ride-sharing services like Uber and Lyft
- Truck accidents
- Commercial vehicle accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Premises liability incidents, such as slip and falls, swimming pool accidents, and cases involving negligent security
- Construction accidents
- Work accidents
- Cases involving assault, manslaughter, homicide, and murder
Who Can File a Wrongful Death Claim in Texas?
Texas law designates specific categories of individuals entitled to file a wrongful death claim.
First, the law permits the surviving spouse, surviving children (including legally adopted children), or surviving parents (including legal adoptive parents) of the deceased (referred to as the decedent) to initiate a wrongful death claim. Any of these parties can file the claim independently, or all eligible parties can choose to file the claim collectively. Irrespective of the claimant, the case represents all surviving eligible family members, each of whom receives a share of any compensation obtained through the wrongful death claim.
If a surviving spouse, child, or parent fails to bring a wrongful death claim within three months of the decedent’s passing, the decedent’s personal representative, typically the administrator or executor of the decedent’s estate, may then file the claim. However, this claim is brought on behalf of all surviving eligible family members, unless the surviving spouse, surviving children, and surviving parents object to its filing.
Compensation in a Texas Wrongful Death Claim
No amount of money can reverse the loss or alleviate the pain caused by the tragic passing of your loved one. However, a wrongful death claim aims to provide compensation to the deceased individual’s estate and eligible surviving family members for the personal and economic losses endured due to the death.
Compensation sought in a Texas wrongful death claim may encompass:
- Medical expenses incurred for the deceased’s final injury or illness caused by the at-fault party
- Funeral and burial costs
- Lost wages suffered by the decedent from the onset of the last injury or illness until death
- Lost earning capacity or expected financial contributions to the family, including benefits like health insurance and pensions
- Lost inheritance or the value of assets the decedent would have reasonably accumulated and left to surviving family members if they had lived a normal life expectancy
- Loss of the decedent’s care, maintenance, services, support, guidance, advice, and counsel
- Loss of the decedent’s love, comfort, companionship, and intimacy
- Conscious pain and suffering experienced by the decedent before death
- Emotional pain and anguish experienced by surviving family members
- In rare instances where the decedent’s death results from egregious or shocking conduct, typically of a willful or reckless nature, punitive damages may be awarded. These damages do not aim to compensate for any loss but rather to “punish” the at-fault party and deter others from engaging in similar behavior in the future.
Compensation obtained through a wrongful death claim is generally divided among surviving eligible family members in proportion to the loss experienced by each individual due to the decedent’s death.
Consult With a Pasadena Wrongful Death Attorney
If you have lost a loved one due to someone else’s negligent or reckless actions, you have the right to seek compensation and hold the responsible party accountable. Reach out to Goldenzweig Law Group, PLLC today for a free consultation with a compassionate wrongful death lawyer in Pasadena. We do not charge any fees to commence work on your case, and our payment is contingent upon successfully recovering compensation for your family.
You can contact us online or by calling (713) 609-1930. Our team is here to support you and your family during this incredibly challenging time. Hablamos español.