Losing a loved one unexpectedly is a devastating experience that no family should endure alone. When that loss is caused by negligence or wrongful actions, the pain is compounded by questions about justice and accountability.
At Lowe Law, we understand how overwhelming this time can be—the emotional toll, mounting expenses, and uncertainty about what to do next. Our Houston wrongful death lawyers are here to help.
With decades of combined experience, millions recovered for clients, and a reputation for aggressive trial advocacy, we stand by families to demand justice for their loss.
More than just Houston personal injury lawyers, we listen to your story, fight for your rights, and guide you through every step of the process. Let us fight for the justice your loved one deserves.
What Types of Accidents Lead to Wrongful Death?
Wrongful deaths can arise from a variety of tragic circumstances, often caused by the negligence or misconduct of another party. Here are some of the most common types of accidents that may lead to a civil case:
Premises Liability Accidents
Property owners have a responsibility to maintain a safe environment. When they fail to do so, devastating accidents can occur, including:
- Slip and Fall Accidents: Hazardous conditions like broken stairs, unrepaired railings, or even poor lighting can result in fatal injuries.
- Negligent Security: Inadequate security measures, such as broken locks or a lack of surveillance, can lead to assaults or other violent crimes that result in death.
- Apartment Shootings: Poorly maintained or improperly secured apartment complexes can create conditions where violent incidents, such as shootings, occur.
Auto Accidents
Motor vehicle accidents are one of the most common causes of wrongful death. These accidents can include:
- Car Accidents: Reckless driving, distracted driving, speeding, or drunk driving often result in fatal crashes.
- Motorcycle Accidents: Due to their lack of protection, motorcyclists are particularly vulnerable to severe and fatal injuries in accidents.
- Truck Accidents: Large commercial trucks can cause devastating impacts due to their size and weight, often leading to fatalities.
- Pedestrian Accidents: Pedestrians are at high risk of fatal injuries when struck by vehicles, especially in crosswalks or areas with heavy traffic.
- Rideshare Accidents: Fatalities can occur in accidents involving rideshare vehicles, whether the victim is a passenger, pedestrian, or another motorist.
In each of these situations, negligence—whether by property owners, drivers, or companies—can lead to tragic and preventable loss of life. A Houston wrongful death attorney can help you hold the responsible parties accountable and fight for justice for your loved one.
What Qualifies as a Wrongful Death Case?
A wrongful death case occurs when an individual’s life is cut short due to the negligent, reckless, or intentional actions of another person or entity. In such situations, the surviving family members are legally entitled to pursue a lawsuit.
This allows them to seek justice on behalf of their loved one and obtain compensation for the emotional and financial hardships caused by their untimely passing.
To qualify as a wrongful death, the following must generally be proven:
- Negligence or Misconduct: The death must have been caused by another person’s or entity’s negligent or wrongful actions, such as a car accident, medical malpractice, or unsafe working conditions.
- Causation: It must be clear that the negligent act directly led to the death.
- Eligible Claimants: Typically, surviving spouses, children, or parents are allowed to file a wrongful death claim. In some cases, other dependents or family members may also be eligible.
A wrongful death attorney in Houston can guide you through this complex legal process. They will tailor their approach to your unique circumstances, ensuring your rights are protected and that you receive fair compensation.
Damages may include medical bills, funeral expenses, lost income, loss of companionship, loss of consortium, and emotional suffering.
How Long Do I Have to File a Wrongful Death Claim in Texas?
Under Texas law, the timeframe to file a wrongful death claim is limited. According to the Texas Civil Practice and Remedies Code Section 16.003(a), you must file your claim within two years of your loved one’s death. This is known as the statute of limitations, and it is a strict deadline.
Failing to file within this two-year period can result in your case being dismissed, meaning you lose the opportunity to seek compensation for medical expenses, funeral costs, lost income, and the emotional pain caused by your loss.
However, certain exceptions may apply, such as cases involving minors or other extenuating circumstances. These exceptions can extend or modify the filing deadline, but they are rare and require thorough legal evaluation.
To protect your rights and ensure your case is filed on time, it’s crucial to speak with an experienced Houston wrongful death lawyer as soon as possible.
Who Can File a Wrongful Death Claim in Texas?
According to Texas law, the right to file a wrongful death claim is reserved for specific family members, as defined by state law. These individuals typically include:
- Surviving Spouse: A spouse may file a claim to seek justice for the loss of their partner, including compensation for emotional suffering and loss of companionship.
- Children: Biological, adopted, and sometimes stepchildren can file a claim to address the financial and emotional impact of losing a parent.
- Parents of the Deceased: Parents may seek compensation for the devastating loss of their child, regardless of whether the child is an adult or minor.
In some situations, these family members can file the claim individually or as a group. If eligible family members choose not to file a claim within three months of the death, the personal representative of the deceased’s estate may file a wrongful death lawsuit on their behalf—unless the family explicitly requests otherwise.
If you’re unsure about your eligibility, a knowledgeable wrongful death attorney in Houston can help clarify your rights and guide you through the legal process.
What You Can Recover in a Wrongful Death Case?
Losing a loved one due to someone else’s negligence is a heartbreaking experience, and it often comes with significant financial and emotional burdens. A wrongful death claim allows families to seek compensation for these losses, helping to ease the path toward healing.
When pursuing a wrongful death case, there are two main categories of damages you may be entitled to recover:
Economic Damages
These are tangible losses with clear monetary value. They include:
- Medical Costs: Any medical expenses incurred for treatment before your loved one’s passing.
- Loss of Income: Compensation for the wages your loved one would have earned, including future earnings.
- Financial Losses: This may include funeral and burial expenses, as well as the loss of benefits like health insurance or retirement contributions.
Non-Economic Damages
These damages address the emotional and personal impact of your loss, which is harder to quantify but no less significant. They include:
- Loss of Support: The emotional and practical guidance your loved one provided to the family.
- Loss of Companionship: The absence of your loved one’s care, love, and presence in your life.
- Emotional Pain and Suffering: The mental anguish endured by surviving family members.
Why Legal Advice Matters
A wrongful death claim can be overwhelming without the right guidance. An experienced Houston wrongful death lawyer at Lowe Law will help you calculate the full extent of your losses—including financial losses and emotional suffering—while holding the responsible parties accountable.
What Types of Evidence May Be Useful in a Wrongful Death Claim?
Building a strong wrongful death case requires thorough evidence to prove negligence and demonstrate the full extent of your loss. The right evidence can establish liability, support your claim for damages, and ensure you receive the justice your family deserves.
Here are some key types of evidence that may be crucial in a wrongful death claim:
1. Autopsy or Medical Examiner Reports
These reports provide critical information about the cause and manner of death. They can help establish whether negligence, recklessness, or intentional harm contributed to the death.
2. Police and Accident Reports
In cases involving auto accidents, workplace injuries, or similar incidents, police and accident reports offer an official account of what occurred. These documents often include details about the fault, contributing factors, and any citations issued.
3. Medical Reports and Documentation
Medical records detail the care your loved one received before their passing. These reports, along with medical and hospital expenses, demonstrate the financial burden caused by the incident and can be used to calculate economic damages.
4. Video Surveillance Footage
If the incident occurred in a location with cameras—such as a store, parking lot, or street—video footage can provide invaluable visual evidence of what happened.
5. Witness Testimony
Statements from those who saw the incident firsthand can help corroborate your version of events. Witness testimony often adds credibility and context to your claim.
6. Cell Phone Records
In cases involving distracted driving or other negligent behavior, cell phone records can reveal whether the responsible party was texting, calling, or otherwise distracted at the time of the incident.
7. Financial and Emotional Evidence
Evidence of medical and hospital expenses, lost wages, and other financial losses can help establish the economic damages you’re entitled to recover. Additionally, documentation of your family’s emotional suffering, such as journals or statements, may support claims for non-economic damages like loss of companionship or emotional pain.
Why Evidence Matters
Each piece of evidence plays a vital role in building a compelling wrongful death case. That’s why working with a skilled wrongful death attorney is essential—they know how to gather, preserve, and present evidence to hold the responsible parties accountable.
At Lowe Law, we’ll take care of the legal complexities, ensuring no detail is overlooked. Contact us today to discuss your case and learn how we can help you fight for justice.
Why Choose Lowe Law for Your Wrongful Death Case?
Choosing the right legal representation can make all the difference in your case. At Lowe Law, our team combines compassion with determination to deliver exceptional results for grieving families. Here’s what sets us apart:
- Decades of Experience: With years of trial experience, we’re not afraid to take on insurance giants or corporations and push for the maximum compensation you deserve.
- Millions Recovered: Our track record of success includes recovering significant settlements and verdicts for families like yours.
- Client–Centered Approach: At Lowe Law, you’re not just another case. We listen, communicate, and treat every client like family, ensuring you feel supported throughout the process.
- Aggressive Advocacy: We’re trial attorneys who aren’t afraid to take your case to court if it means securing justice for your loved one.
When you work with Lowe Law, you can trust that we’ll handle the legal complexities while you focus on healing.
What if I Cannot Afford a Lawyer?
We understand that the aftermath of losing a loved one can be overwhelming—emotionally and financially. We firmly believe that everyone should have access to justice, no matter their financial circumstances. That’s why we handle wrongful death cases on a contingency fee basis.
Here’s what that means for you:
- No Upfront Costs: You won’t need to pay any fees to hire us. There are no retainers or out-of-pocket expenses to worry about.
- We Only Get Paid If You Win: Our payment is a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing.
- Risk–Free Representation: This arrangement allows you to focus on your family and healing, knowing that we’re fully invested in securing the best possible outcome for your case.
Our contingency fee structure ensures that everyone—regardless of financial means—has access to aggressive, high-quality legal representation. At Lowe Law, we’re committed to standing by your side and fighting for the justice and compensation your family deserves.
Contact a Wrongful Death Law Firm in Houston for a Free Case Evaluation Today
The sudden loss of a loved one is a devastating experience, often leaving families overwhelmed and uncertain about what to do next. During this painful time, a wrongful death lawyer in Houston can provide the support and guidance you need, ensuring you don’t have to face the legal and financial challenges alone.
At Lowe Law, we understand the emotional toll of losing a loved one and are here to shoulder the legal burden so you can focus on healing. With years of experience and access to extensive resources, our seasoned attorneys provide compassionate representation while aggressively pursuing justice on your behalf.
Contact us today for a free consultation, and let us show you how we can help without adding to your financial stress.
