Why You Can Trust Our Houston Wrongful Death Law Firm
- We have won more than $25 billion on behalf of our clients.
- You do not pay unless we win. We take all the risk.
- We have won cases for clients from all 50 states.
- We have won cases that set both state and national records.
- We offer completely free and confidential consultations.
Over $1 Billion Recovered in Wrongful Death Cases Alone
Our Texas wrongful death attorneys made history when we represented the mother of a young woman who was in her apartment when a crane collapsed. After the fatal crane accident, her mother reached out to our law firm, and we took on the case. The primary wrongdoer was Greystar, a real estate developer that failed to secure the crane properly following a storm forecast. Despite this failure, the company refused to take responsibility for the incident, so we took them to court.
The jury saw through the defendant’s tactics and returned a record-breaking $860 million verdict for our client.
Other wrongful death victories by our Houston personal injury lawyers include:
- $222 million verdict for the widow of a man who was killed in a fatal industrial accident.
- $209 million verdict for the family of an oilfield worker who died from hantavirus.
- $81 million settlement for two adult children who lost their mother in an incident.
- $44.6 million settlement for three refinery workers who were severely or fatally injured.
- $29 million settlement for a fatal offshore accident.
- $27.7 million verdict for a fatal offshore oil rig accident.
- $10 million settlement for a family who lost two loved ones in a truck accident.
- $8.9 million settlement for a family who lost their father in a fatal motor vehicle accident.
Our Texas wrongful death lawyers at Arnold & Itkin have been there for grieving families throughout the country—helping them hold negligent companies accountable, navigating complex proceedings with insurance companies, and uncovering the truth. To see for yourself, we encourage you to browse through our victories.
Who Can File a Texas Wrongful Death Claim?
Texas law establishes a short list of people who are legally able to bring forward a wrongful death suit. Eligibility is prioritized, which means if someone files a claim who is more eligible than other possible claimants, everyone listed below them is barred from filing. Only one party can file a wrongful death claim for a person's passing.
The following people, listed in decreasing priority, can file a wrongful death claim in Texas:
- Spouse
- Children
- Parents
- Other relatives (if dependents)
If you lost a long-term partner to whom you weren't married, unfortunately, Texas law doesn't recognize your relationship as eligible to file a wrongful death claim. However, an unmarried parent might be able to file wrongful death claims on behalf of any children they had together, which is critical for providing for their future. If you have any questions about what your recovery options are after the untimely loss of a loved one, speak with us as soon as possible for a free case evaluation.
Reach our wrongful death attorneys in Texas at (888) 493-1629 or by sending us a message online.
Wrongful Death Lawyers for Families Nationwide
Wrongful death law is state law, but the companies responsible for fatal accidents rarely operate in just one state. Trucking carriers, energy companies, product manufacturers, and industrial contractors defend cases with national legal teams, and they respond to firms they know can meet them anywhere.
Arnold & Itkin has won cases for clients from all 50 states.
Our wrongful death attorneys have represented families after some of the country's worst industrial disasters, offshore tragedies, and transportation accidents, in state and federal courts across the country. Wherever a family lives, the questions are the same: what happened, who allowed it to happen, and what will it take to care for the people left behind. If you lost a loved one outside Texas, we can still help. We will explain which state's law applies, what deadlines you face, and what your family's options are. The consultation is free, and you pay nothing unless we win.
Wrongful Death Statistics in Texas
More than 35,000 Texans die from unintentional injuries every year. The top three causes in our state are motor vehicle accidents, accidental poisonings, and unintentional falls. Combined, these three causes of death account for roughly 9,000 fatalities a year.
What Is a Wrongful Death Claim?
Under the law, a wrongful death is any situation where a defendant's negligent or intentional actions lead to the death of another person. Laws exist to offer civil recourse for those grieving the loss of a loved one under such circumstances. Each state has distinct statutes governing wrongful death claims, encompassing the time frame within which a survivor may file a claim, the eligible individuals who can file a claim, and the types of damages that may be awarded. While wrongful death can be broad, it does not cover just any kind of incident that causes death; there must be a link to negligence or recklessness.
For example, the following incidents could qualify as wrongful death claims if they result in death:
Wrongful death claims offer families a way to hold the responsible parties accountable, separate from any criminal proceedings. This is particularly vital when a corporation is at fault, as a wrongful death lawsuit might represent the sole avenue for recourse. Families filing wrongful death suits seek monetary damages for the financial and emotional impact of their loss, including lost income, medical expenses incurred prior to death, and compensation for their pain and suffering. Unlike criminal cases, wrongful death claims require proving the case by a "preponderance of the evidence," meaning the evidence must show it is more likely than not that the defendant's actions led to the wrongful death. This shifts the burden to the defendants, challenging them to prove their actions did not result in the fatal outcome.
Proving Liability in a Wrongful Death Claim
To successfully hold anyone accountable in a wrongful death claim, the plaintiff needs to be an eligible claimant under the law, the defendant must be the proximate or direct cause of the fatal incident, the claim must be filed within two years of the fatal incident, and the plaintiff must be able to prove negligence in four specific elements. This is how we've won wrongful death claims in Texas and nationwide.
Together, these four key elements confirm the defendant is legally and financially liable for the plaintiff's loss:
- Duty of Care: It must be established that the defendant had a responsibility to act safely toward the deceased. This duty varies depending on the situation but generally requires acting as a reasonably careful person would.
- Breach of Duty: The plaintiff must prove the defendant failed to meet this duty through their actions or lack of action, showing a disregard for the safety of the deceased. This breach must be directly connected to the death.
- Causation: It's crucial to link the defendant's breach of duty directly to the deceased's death. This step involves presenting clear evidence that outlines how the defendant's actions or inaction set the stage for the tragic event.
- Damages: Plaintiffs need to quantify the financial and emotional losses resulting from the death.
Common Causes of Wrongful Death in Texas
In Texas, wrongful death cases arise from various tragic circumstances, each leaving families grappling with unexpected loss and seeking justice. Some common causes include, but are not limited to, the following:
- Car Accidents: Texas roads witness a significant number of fatal accidents involving cars every single year. Often, these accidents result from reckless driving, intoxication, or negligence. If a person was killed in a traffic accident due to another driver running a red light, a wrongful death claim may potentially be filed against the driver who broke traffic laws. In some cases involving work vehicles, the lawsuit could be filed against a company that hired the driver if it can be proven that the company was negligent. Additionally, if the same accident involved a defective airbag that failed to deploy, an auto product liability claim could also be brought against the airbag and vehicle manufacturer.
- Truck Accidents: The presence of heavy commercial vehicles, such as 18-wheelers, on Texas roads significantly increases the risk of fatal accidents. These tragedies often result from issues like driver fatigue, overloaded cargo, or lack of proper maintenance. In instances where a truck driver's negligence or a company's failure to ensure safe operating conditions leads to a fatal crash, the victim's family might have grounds for a wrongful death lawsuit.
- Work Accidents: Especially prevalent in high-risk industries such as construction, oil and gas, and manufacturing, workplace fatalities can occur due to unsafe work environments, inadequate training, or failure to adhere to safety regulations. For example, if a company failed to maintain equipment in a refinery and that failure was responsible for a refinery explosion that killed a worker, a wrongful death claim may be able to be brought against the company.
- Industrial Accidents: Fatalities in industrial settings, such as explosions, equipment failures, and harmful exposure to toxic substances, underscore the critical importance of safety protocols. Should an industrial accident result from the employer's negligence or safety violations, the deceased's family may be eligible to pursue a wrongful death action.
- Offshore Accidents: The dangerous work environment of offshore oil rigs, commercial fishing vessels, and maritime transportation can lead to deadly incidents, including ship collisions and falls overboard. Families of those who have been lost in fatal maritime accidents might seek compensation through wrongful death claims.
- Defective Products: Fatal accidents can also occur due to consumer goods, automotive components, or industrial machinery failing because of design or manufacturing defects. In such cases, manufacturers could be held accountable for wrongful death, providing families a path to claim damages for their loss.
What Are Survival Damages in Texas?
In Texas, "survival damages" represent a category of compensation available through a "survival action." This type of claim is initiated by the estate of a deceased individual to recover damages and losses that the deceased would have been entitled to claim had they survived. Essentially, the survival action concept allows the legal rights and claims of the deceased to persist beyond their death, pursued by their estate or appointed personal representative on their behalf.
Components of survival damages can encompass a range of losses, including:
- Medical expenses incurred by the deceased person because of the injury leading to their death.
- Pain and suffering experienced by the deceased before their death.
- Lost wages or earning capacity from the time of injury until the time of death.
How Are Survival Actions & Wrongful Death Claims Different?
It's crucial to differentiate survival damages from the compensation sought in wrongful death claims. While wrongful death actions are filed by the surviving family members to address the financial and emotional impact of their loss, survival actions are focused on redressing the damages the deceased incurred personally prior to death. This distinction underscores the comprehensive approach of Texas law in addressing the multifaceted impact of a person's untimely death, ensuring both the rights of the deceased and their families are represented and respected in the pursuit of justice.
Wrongful Death: Protecting Minors with Guardian Ad Litem
In Texas, when wrongful death compensation involves minors, legal safeguards are in place to protect their interests. This is where the role of a guardian ad litem (GAL) becomes critical. Courts appoint a GAL to represent children in these cases, recognizing that minors lack the legal capacity and experience to manage their financial affairs, especially in the context of receiving compensation from a wrongful death lawsuit. A guardian ad litem is tasked with ensuring the child's rights and interests are adequately represented throughout the legal process. This includes advocating for a fair and just portion of the compensation that accurately reflects the child's loss and future needs. The GAL serves as an independent voice, evaluating the circumstances and making recommendations to the court on behalf of the minor.
Contact Our Wrongful Death Lawyer in Houston: (888) 493-1629
If you have recently lost someone you love in a fatal accident, we encourage you to contact our Houston wrongful death attorneys immediately. No matter whether the incident involved a motor vehicle crash or the use of a defective drug, we have the experience you need to investigate your claim and take the necessary legal steps properly.
We have been successful in recovering billions on behalf of our clients.
For example, our Texas wrongful death law firm helped represent the family of a 58-year-old man who was killed after falling 12 feet in a parking lot while on the job. We took on the case and found that the parking lot violated OSHA and ANSI regulations—namely for the fact that it was missing a guardrail. Attorney Jason Itkin tried the case for 6 days and was able to recover a $2.9 million verdict—even though the defendant's pre-trial settlement offer was only $200,000.
We are experienced, aggressive trial lawyers who are committed to your success. We encourage you to read more about our firm or browse our victories. If you want to discuss your case, call (888) 493-1629. We offer a completely free and confidential consultation of your case. We are here to help guide you through the legal process.
Do not hesitate to call (888) 493-1629 or fill out our online case evaluation form!
