Rudri Bhatt Patel is a former lawyer turned writer, editor, and educator. She's written locally and nationally on a variety of subjects including finance and law. She also teaches courses on essay and article writing.
Rudri Bhatt Patel
Rudri Bhatt Patel is a former lawyer turned writer, editor, and educator. She's written locally and nationally on a variety of subjects including finance and law. She also teaches courses on essay and article writing.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
When you lose a loved one, especially because of another’s mistake or because of an accident, you may want to seek justice to honor their memory. The legal system can be hard to navigate when you’re grieving and it is helpful to have an attorney by your side.
Check out these wrongful death lawyers in Houston who can help you advocate on behalf of your loved one.
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Best Wrongful Death Attorneys in Houston
Compare Top Wrongful Death Attorneys
Filing a Wrongful Death Lawsuit in Texas
In Texas, a wrongful death suit falls under the category of negligence claims. To prevail in a negligence claim, a plaintiff needs to establish four elements:
- A legal duty owed by one party to another
- A breach of that legal duty
- The breach causing an injury, and
- The injury leading to damages
In the context of a wrongful death claim, it is essential for the injury to culminate in death.
A wrongful death lawsuit can be initiated only by certain individuals acting on behalf of the deceased. In Texas, the law states that the right to bring a wrongful death action is only available to the surviving spouse, children and parents of the deceased. If none of these eligible parties begin the action within three months following the death, the executor or administrator of the deceased’s estate may then pursue the lawsuit.
Texas follows a modified comparative negligence rule when it comes to wrongful death cases. Under Texas law, if the deceased person is found to be partially at fault for the accident or incident that led to their death, their family’s recovery may be reduced based on the percentage of fault assigned to the deceased.
Specifically, Texas follows the 51% bar rule, also known as proportionate responsibility. This means that the deceased person’s family can still recover damages as long as their loved one’s percentage of fault is 50% or less. However, if the deceased person is found to be 51% or more at fault, their family may not be able to recover any damages.
Texas Statute of Limitations for Wrongful Death Cases
The statute of limitations sets a deadline for initiating legal proceedings in a civil or criminal matter. In the context of a wrongful death lawsuit, it imposes a time limit on the period within which the plaintiff (person pursuing the wrongful death claim) can bring legal action against the defendant (the offending party).
In Texas, the statute of limitations requires that you file a wrongful death suit within two years of the victim’s death. It is recommended that you talk to a lawyer as soon as possible to make certain you can utilize all of your options.
Texas Wrongful Death Laws
There are laws pertaining to wrongful death lawsuits that you should be aware of if you decide to file suit.
Types of Damages You Can Recover
You can recover the following damages in a Texas wrongful death suit:
- Loss of financial support;
- Loss of inheritance;
- Employer benefits;
- Pain, suffering, and mental anguish endured; and
- Loss of comfort, care attention and household services that the deceased provided during their lifetime
If the death was the result of a willful act, omission or gross negligence by the defendant, exemplary damages (damages intended to punish the defendant) could be recovered.
No Damage Caps for Most Cases
In Texas there is not a cap on the amount of damages you can recover. However, statutory rules, facts of the case and previous precedent may impact the amount of damages you can recover.
Cap on Wrongful Death Cases Stemming From Medical Malpractice Cases
Texas does have a cap on non-economic damages in wrongful death settlements specifically related to medical malpractice injuries at $500,000. In addition there is a cap of between $250,000 and $500,000 for pain and suffering and emotional distress depending on the type of case and number of plaintiffs. However, this cap doesn’t extend to economic damages that include custodial care, medical expenses, funeral and burial costs. Non-economic damages like pain and suffering, loss of companionship and loss of consortium are capped.
Wrongful Death Settlement Considerations
There is no definitive answer on how long it takes to settle a wrongful death case. It is decided on a case-by-case basis, and depending on the complexity it may take several months or years to reach settlement.
In Texas, the money received as compensatory damages for expenditures like medical expenses, funeral costs, and pain and suffering is usually not taxable. However, punitive damages awarded to the plaintiff may be considered taxable income. It is best to consult an attorney on tax implications.
An attorney and client can negotiate the amount of the wrongful death settlement that the attorney is able to collect.
How Can an Attorney Help You?
There are several ways a lawyer can be a powerful ally in helping you while you’re grieving and during your wrongful death case. An attorney will help you do the following:
- Review the facts of your case at the initial consultation. An attorney will go over the circumstances of your loved one’s case and help you decide if there is a valid wrongful death claim.
- Evaluate your case. An attorney will review the case and give you advice on the appropriate paperwork to file.
- Devise a legal strategy. An attorney can assist with a legal plan for your case.
- Representation in court proceedings. An attorney will help you with representation in all matters that require a court hearing.
- Negotiation. Many wrongful death cases settle, and an attorney can help guide you in negotiations or alternatively, make preparations to go to trial.
- Knowledge of local courts. An attorney familiar with court practices and local rules of the judges will help in putting your best foot forward in court.
How to Find the Best Wrongful Death Lawyer in Houston, TX
You want to choose the best wrongful death lawyer for your specific situation. If this is your first time looking for a wrongful death lawyer, you may not know what to look for. Here are specific ways to determine if a wrongful death attorney is the right fit for you:
- Conduct a search online. Look for Houston wrongful death lawyers, read their websites and testimonials and check to see if they practice in the area that you need.
- Ask for referrals from your local bar association. Contact the Texas State Bar or Houston Bar Association for referrals for qualified defense lawyers. They often have a list.
- Seek a consultation. Meet with the lawyer during an initial consultation. Ask if they have specific experience in the area of representation you’re seeking. Also ask about their not guilty and acquittal record and see whether their personality will work for you during the course of your legal representation.
- Check credentials. Check the Texas State Bar for information about your wrongful death lawyer. It will show their disciplinary history, if they are currently active in the practice and where they are admitted to practice.
- Understand the fee structure. Attorneys can be expensive, so it is important to conduct your own due diligence and ask about hourly rates and flat fees.
- Assess availability. Ask your lawyer about their current book of cases and their availability to represent you.
- Trust your gut. This is your defense and if you have any doubts about a lawyer, you may want to seek alternate counsel.
Methodology
To come up with the best wrongful death lawyers in Houston of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
When should a wrongful death lawsuit be filed in Texas?
In Texas, the statute of limitations requires that you file a wrongful death suit within two years of the victim’s death. It is recommended that you talk to a lawyer as soon as possible to make certain you can utilize all of your options.
What constitutes a wrongful death in Texas?
In accordance with Texan legal statutes, a wrongful death transpires when an individual’s demise is the result of an injury, and said injury is directly attributed to the wrongful act, negligence, recklessness, lack of skill or default of another party. The initiation of a wrongful death lawsuit necessitates the involvement of a loved one acting on behalf of the deceased.
How long does a wrongful death lawsuit take in Texas?
How long a wrongful death lawsuit takes will depend on various factors including the severity and complexity of the case. Keep in mind a wrongful death lawsuit could take several years to litigate.
