We can help. Our Houston wrongful death attorneys will compassionately listen to your story and tenaciously fight to make sure you receive the compensation you deserve after the wrongful death accident that changed your life.
Financial recovery cannot bring your loved one back, but it can alleviate some of the stress you face after a sudden loss.
Depending on the circumstances, Texas law may entitle you or another family member to bring a wrongful death claim or survival action.
However, the law and procedures surrounding these claims are complicated. You will need the advice and guidance of an experienced Houston wrongful death lawyer from The Krist Law Firm, P.C.
We will explain your rights and responsibilities and help you determine the best course of action for you and your family.
Wrongful Death Compensation
Under Section 71.004(a), a wrongful death action to recover damages is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. Other family members and loved ones, including grandparents, siblings, cousins, and romantic partners are typically not entitled to compensation for their loss.
Compensation the surviving family members may recover includes:
- Medical expenses
- Funeral and burial costs
- Loss of the family member’s financial contributions
- Loss of the family member’s care, support, maintenance, advice, and counsel
- Loss of the family member’s love, companionship, and comfort
- Loss of inheritance from that family member
- Physical pain and mental anguish
Punitive damages, which are meant to punish the wrongdoer, are only available in certain situations. Speak with a Houston wrongful death lawyer today about the compensation you and your loved ones may be able to recover.
Wrongful Death Claim and Survival Actions
Though some individuals will use the terms wrongful death and survival actions interchangeably, they are two different legal claims. A wrongful death claim arises when a person passes away and is intended to benefit the surviving family members who are injured by the loss.
Based on Section 71.021, a survival action is a legal claim that arises during the deceased person’s life and is intended to compensate the decedent. For example, a surviving personal injury claim may exist if a person was severely injured in an accident and then passed away weeks later. It is known as a survival claim because the decedent’s legal claim survives their death.
The Survival Claim Statute of Limitations
In most circumstances, the statute of limitations for a surviving personal injury suit is the same as it would be for a personal injury lawsuit brought by the living, injured individual. Based on Section 16.003(a), a personal injury claim must be filed within two years from the date the cause of action accrues. This is typically two years from the time the decedent was injured. However, a statute of limitations can toll based on a variety of circumstances. If you are worried about the clock running out, contact an attorney as soon as possible.
Survival Claim Damages
While wrongful death damages are based on the survivor’s injuries, the damages from a survival claim are those incurred by the decedent between the time of the accident and their death. Wrongful death damages typically go straight to the surviving spouse, parents, and children. Survival claim damages go to the decedent’s estate and then are divided among the decedent’s heirs. Under a survival action, other heirs than the spouse, parent, or children may also be able to recover compensation, including siblings.
The compensation these parties may obtain includes most of the damages the decedent would have been entitled to had they lived, including:
- Medical expenses
- Loss of earning capacity
- Physical limitations
- Disfigurement
- Physical pain
- Mental anguish
Frequently Asked Questions About Wrongful Death
Is a common law marriage considered a marriage in Texas for purposes of making a wrongful death claim?
In Texas, a spouse is allowed to bring a wrongful death action even if the marriage was by common law; however, all elements required to establish a valid common law marriage must be proven.
Can I bring a wrongful death action if my spouse and I were separated at the time of his fatal accident?
Yes, you can bring an action for the wrongful death of your spouse even if the two of you were separated when they were killed. Texas does not have legal separation anyway, so regardless of any technical separation, Texas law considers you still married. You can even still bring the action if you get remarried after their death.
Can a surviving spouse in a same-sex couple file a wrongful death action?
Yes, same-sex couples who are married or satisfy the requirements of a common law marriage can bring a wrongful death claim in Texas.
Is there an age limit by which children must file a wrongful death claim after they lose a parent?
While some states prevent adult children from obtaining compensation for a parent’s death, this is not the case in Texas. In Texas, biological or adoptive children of any age can file for damages after a parent’s death regardless of their age. If adoptive children qualify to file a claim for their adoptive parents, they may not also recover wrongful death damages for their biological parents.
My stepmother raised me. Can I join my siblings in bringing a claim for my stepmother’s wrongful death?
Unfortunately, no. Stepchildren do not have the right to file an action for wrongful death for a stepparent. Similarly, stepparents cannot bring a claim for wrongful death following the death of a stepchild.
How much will it cost me to hire a lawyer to handle my wrongful death claim?
At The Krist Law Firm, we do not charge you any fees up front. Your initial consultation is free and if you hire us as your attorneys, we will pay all of the costs of investigating and prosecuting your case and you are not charged any fees unless and until your case is settled or resolved in court. We then take a percentage of your recovery for our fees and also deduct expenses from the award. If you don’t win your case, you owe us nothing.
How Our Houston Wrongful Death Lawyers Can Help
Wrongful death claims and survival actions can be complicated. You may have to deal with a workers’ compensation claim, an insurance claim, or file a lawsuit in court, all of which have different applicable laws and procedures. Instead of attempting to navigate these types of claims yourself, contact our experienced and trusted wrongful death lawyers of The Krist Law Firm, P.C.
We have more than 40 years of experience helping families recover compensation after losing loved ones in tragic accidents. We know how difficult this time is for you, and we make it our priority to protect your rights and fight for the maximum compensation possible.To learn more about how we can help you and your family, contact us through our online form or call 443-234-0423 .