In Texas, a wrongful death lawsuit can be filed by a person's surviving spouse, children, parents, or one or more of those individuals on their behalf. When the claim is brought within three months of the date of the victim's passing, an executive of the decedent's estate can file instead.

An experienced Houston wrongful death attorney is the best way for the survivors to succeed in their claim and receive the highest amount of compensation made possible under Texas law. Oftentimes, a wrongful death lawsuit doesn't go to trial because of how a skilled accidental death attorney has established the Defendant's legal liability and used experts to fortify a family's grievances, along with the emotional and economic impact on the deceased's household.

Wrongful death settlement amount and jury verdicts are dependent of a number of factors specific to each individual circumstance, and include; the total expense of the victim, burial expenses, the degrees of pain and suffering the deceased experienced, missed financial support, lost future income potential, the financial needs of the surviving dependents, the defendant's level of negligence, and whether punitive damages are possible for the defendant's behavior.

Wrongful death attorneys in Houston are willing to handle cases on a full contingency fee model, which means you pay no legal fees until the claim is successful by way of a settlement or jury award. This allows clients to not stress about whether hiring an attorney would be economically burdensome. Most attorneys also don't charge clients for case consultations, allowing you and your family to learn of your legal rights and options free of charge.

The most common cause of wrongful death accidents in Houston include; traffic accidents, work related accidents, constructions site incidents, dog bite cases, products liability claims, and medical malpractice cases. Any work environment protected by OSHA regulations can also be life-threatening to workers. These situations often involving ladders, pressured pipes, scaffolds, saws, heavy objects, controlled explosives, cranes, electric lifts and other forms of potential dangerous machinery.

Yes, parents, biological or adoptive, have the legal right to pursue a wrongful death lawsuit of behalf of the child. Whether a parent has joint or sole custody does not matter, any biological parent of the child has the right to assert an action.

Parents often wonder who is actually liable when a child passes. Our Child Injury Attorneys You may also wonder who can be held accountable. Depending on how the death occurred, we may investigate individuals, companies, schools, theme parts, homes, daycares, property owners, and even government agencies. Our attorneys immediately begin gathering evidence to determine who was responsible and how to prove your family's case.

Many parents also ask about compensation and how it is quantified when a child passes. The claims can include many types of damages, including funeral and burial expenses, emotional suffering, loss of companionship, and even the future financial support your child would have provided. If the case doesn’t settle, we are fully prepared to take it to trial, where our team is unbeaten in the courtroom.

Here at Sneed & Mitchell LLP, we handle more child injury and accident cases than any other law firm in the State of Texas. So your family's case is in great hands. We also work on a contingency fee basis, which means you all pay nothing unless we win the case. Let us protect your child’s legacy and fight for the justice your family deserves.

The damages recoverable through a wrongful death lawsuit depends on whether the claim is being pursued through the Wrongful Death Act, or The Texas Survival Act. In a Survival Act, the estate if able to recovery the economic and non-economic damages the victim suffered from the time of the accident, to the time of his or her death, which includes; lost earnings, emergency bills, surgical costs, ambulatory service costs, physician bills, and pain and suffering. Through a wrongful death lawsuit, the survivors are able to recover full and fair compensation for their losses in related to the victim's death, which includes some or all of the following; lost economic contributions the deceased would have provided, loss of consortium if the Plaintiff is a spouse to the victim, and the loss of services the deceased would have provided in the future to their household.

Don't worry about this, the at-fault company or entity almost always denies liability to protect their insurance policies and exposure to a large settlement or jury award. A denial of responsibility does not end your claim. Our attorneys conduct an independent investigation to uncover the truth, gathering critical evidence such as surveillance footage, eyewitness accounts, expert analysis, and safety records. Liability is determined by the facts that we discovery throughout the litigation process. We use our experience, resources, and case experts to prove negligence and hold the responsible party accountable.

Litigating a wrongful death case can be always emotionally difficult for a family. Grieving for the loss of a loved one is already painful, and taking legal action can cause these emotions to resurge during a deposition or at trial.

But, many of our clients find comfort in seeking justice for the victim. A wrongful death case can give meaning to a loss, require accountability from the liable entities, and help secure financial stable for the family, for the present and the family's future. Our compassionate trial attorneys are here to guide and support you through this process however needed, so your family can focus on healing while we handle the legal battle.

If the responsible party doesn’t have much insurance, your case doesn’t end there. One of the most important parts of our job is identifying every possible source of compensation for your family. That means looking beyond the obvious and for additional umbrella policies, assets, and other potentially liable defendants.

As an example, in a fatal trucking accident crash here in Houston, we also look to see if a vehicle manufacturer, part supplier, maintenance company, or road contractor contributed in causing the death of your loved on. In workplace deaths, we look for subcontractors, property owners, or equipment manufacturers who share liability. By broadening the scope of the investigation, we increase the chances of finding additional insurance coverage or assets to support your family’s recovery.

At Sneed & Mitchell LLP we don’t stop at surface-level answers, a meticulous and perfect investigation is needed to ensure your family the best possible outcome. We always dig deeper to ensure that all negligent parties are held accountable and that your family receives the full financial compensation you’re entitled to under Texas law.

When a loved one dies on the job in Texas, your family may have several legal options depending on who is responsible and how the death occurred, such as:

1. A wrongful death lawsuit against a non-subscriber employer who doesn't carry Texas workers’ compensation insurance

2. A third-party claim against another company or individual who contributed to the loss of loss

3. In limited cases, a lawsuit against a workers’ comp-covered employer when gross negligence or other exceptions apply

Here in Houston and across Texas our attorneys frequently handle workplace death cases involving construction, refinery work, offshore operations, and commercial driving sitautions. Every case is unique and requires a full investigation to uncover all available sources of compensation. Our trial attorneys are prepared to guide your family through the process if your loved one died in a workplace accident.

Do not speak with an insurance adjuster directly. Without legal counsel adjusters often try to get a recorded statement or ask leading questions to help them minimize their liability in death cases. Even verbal agreements can later be argued as a complete waiver certain rights. Be very careful. If you have retained an attorney, the adjuster shouldn't be contacting you directly anyway. Politely decline and let them know your attorney will be in touch.

Our attorneys litigate wrongful death cases nationwide and are fully equipped to help you across state lines. The location of the accident determines where the wrongful death lawsuit must be filed, but the probate and estate claim would still be filed here in Texas.

Our firm has a network of local counsel attorneys to help with the out-of-state filing. These lawyers help gather evidence, file court documents and negotiating with insurers. This helps that ensures your family receives the same level of attention and representation no matter where the incident happened.

You don't have to navigate any unfamiliar laws, locations, or legal systems alone. We make the process as less burdensome as possible and fight to recover everything your family is owed, regardless of where the tragedy took place.

Most wrongful death settlements are not taxable. Compensation for things like medical bills, funeral costs, and emotional loss is usually treated as reimbursement, not income. However, certain parts may be taxed, including punitive damages, interest, and reimbursements for previously deducted medical expenses. To protect your recovery, the attorney can also work to structure the settlement to clearly separate taxable and non-taxable portions. In certain cases, spreading payments over time can reduce the impact on your tax bracket. Our firm also has a network of financial experts to make sure your family keeps as much of the settlement as possible while avoiding unexpected tax consequences.

Many funeral homes have polices that help families whose loved ones died in accidents that are the basis of ongoing litigation. Our law firm also looks for every possible source of financial help, which often includes finding insurance policies that provide coverage even before a case is fully resolved.

In certain types the law actually requires companies to pay for funeral and burial costs, like Maintenance and Cure benefits that are triggered when seaman dies while working offshore.

You should not have to bear the financial burden of a loved one’s death alone. We at Sneed & Mitchell are here to help you and your family members get the answers, benefits, and immediate support you need.

You should stay calm and avoid speaking with the media until you have legal representation. While it may good to tell your side or honor your loved one, public statements made too early can unintentionally harm your legal case.

Experienced wrongful death attorneys works with professional public relations and media specialists who help design response that protect your family’s privacy, preserve the integrity of your legal claim, and ensure your loved one’s story is presented with dignity. The last thing we want is for a reporters to misrepresent the fact or take them out of context, which could allow the defense to weaken your case.

Certain family members, not all, will be involved in key decisions. Most of this involvement will be limited to providing the law firm information, receiving updates and deciding how to proceed if a settlement is offered. People often think that they or their loves ones will have to be deposed, questioned, and even be requested to take the witness stand during trial, but this is generally not the case. If the case goes to trial, some family members may need to give a deposition or testimony, but we have also handled many cases where the family is not questioned at all. Our job is to try make the process and peaceable and uninterrupting to your family as is possible.

When there is a disagreement as to the equitable and fair settlement distribution, attorneys work to guide the family toward a unified decision, which could include group meetings, negotiation amongst attorneys, or the court stepping in to decide how any settlement or judgment is divided.

Here in Harris County, judges and juries consider each survivor’s relationship to the deceased, their level of dependency, and state law when determining how to distribute compensation. In rare cases, the disagreement may escalate to trial, and a jury could decide how the recovery should be shared.

Sometimes, family members choose to hire separate attorneys to represent their individual interests. This is especially common when opinions differ, but this practice does have its drawbacks. When the family can be on the same page it can be helpful to obtaining a more swift resolution.

Yes. In Texas, as long as your loved one is less than 51 percent at fault in causing the accident, your family can still recover damages through a wrongful death action. When the deceased actions are partly liable, the finally settlement or jury award is then reduced by the percentage of their fault. For these reasons, you should always consult with an attorney if you believe another person or company was even partially responsible for the loss of life.

Punitive damages, also called exemplary damager, are awarded by the jury when the victim's death was caused by conduct that goes beyond ordinary negligence. An award of punitive damages are not meant to punish the wrongdoer and send a message that their behavior will not be tolerated.

In effect, these are cases where the actions are considered reckless, malicious, or involved gross negligence. The jury tends to give this award when the defendant is a larger sized companies and the evidence shows they ignored serious safety risks, violated laws, or showed a complete disregard for human life.

Our law firm always pursued punitive damages when the facts align and begins asserting this damage category as early as the first demand.

On the law end, most wrongful death cases are capped at $1,000,000 dollars due to defendants insurance company having a coverage limitation of one million dollars. However, many other cases exceed one million and can easily settle between $10-30 million depends on the case facts.

In Texas, the limitation period during which a family is able to pursue a lawsuit is generally two years following the death of the victim. However, certain exceptions apply and allow for an extended time frame depending on the type of conduct that caused the death. As an example, if someone died due to their interaction with a defective product, the family has four years to file a lawsuit from the date of the incident. In the case of a minor, the statute of limitations is tolled, or delayed from starting, until the child reaches the age of majority.

The value of a case that involves a wrongful death depends in part on the type and severity of the incident. Whether the death occurred on a houston highway, was the result of medical malpractice, or as the result of a workplace incident plays a major role in how damages are calculated. The strength of evidence and the degree of a defendant’s negligence also matter significantly. If liability is clear and the conduct was gross or egregious, the value increases.

We then look at the economic damages due the victim's passing to look at the financial impact of their loss on their loves ones. For this, the deceased's background, including his or her age, type of employment, overall health before the incident, and earning capacity are analyzed. So job performance, expected promotions, benefits, and retirement contributions influence how economic damages are quantified. If the victim supported children or a spouse, the needs of those survivors will also be assessed. A strong family support role for young dependent also increases the potential value of the case.

Attorneys also must look at the comparative fault is another important consideration. Here in Texas, if the deceased was partially responsible for the incident, the total award will be reduced proportionally. This is why an attorney must fight ensure the deceased is not blamed for their own passing. But, as an example, when jurors determine the decedent thirty percent at fault and awards five hundred thousand dollars, the final recovery would be reduced to three hundred fifty thousand.

Yes, there are damage caps in certain types of wrongful death claims will effect the overall amount.

In medical malpractice cases the Texas law restricts non-economic damages to two hundred fifty thousand per healthcare provider, with a total cap of seven hundred fifty thousand. So the amount that can be secured for one's pain and suffer or disfigurement is capped. These limits do not apply to economic damages thought, such as lost income or medical bills.

In claims involving a government agency or public property Texas law has separate caps under the Tort Claims Act that limits bodily injury and related losses to five hundred thousand dollars per case. For property damage the amount is even further reduced to one hundred thousand dollars.

Our attorneys here at Sneed & Mitchell understand how to present your family’s loss in the strongest possible terms and pursue every avenue for maximum compensation under Texas law.

A survival action in Texas is a civil claim brought on behalf of the deceased person’s estate.

A wrongful death claim compensates surviving family members for their own losses, but a survival action provides the damages that the deceased person would have been entitled to recover if they had survived. So in a survival claim beneficiaries are able to obtain compensation for the victim's pain and suffering, medical bills, lost wages between the injury and death, and property damage.

Because these damages "survive" the person's death, the claim is filed through the estate, usually by the executor or administrator. Once recovered, the compensation becomes part of the estate and is distributed according to the will or Texas intestacy laws.

Yes, an experienced wrongful death lawyer in Texas will help with the probate process and the estate claim.

A wrongful death lawyer with our law firm will guide you through this process, including:

• Open the estate in probate court

• Assisting with the appointment of a personal representative

• Preparing and filing the survival claim in civil court

• Coordinating the recovery and distribution of settlement proceeds

At Sneed & Mitchell LLP, we handle both wrongful death litigation and the related estate matters and take care of these legal complexities for you,