Houston Wrongful Death Lawyer
Compassionate Advocacy for Grieving Texans
Losing a loved one is heartbreaking and overwhelming. If you recently lost a friend or family member due to negligence, the last thing you need is additional stress. While no amount of money can make up for your unimaginable loss, pursuing justice in a wrongful death lawsuit can provide comfort and closure to grieving families. That’s where our compassionate attorneys come in.
At Mathias Raphael PLLC Accident & Injury Lawyers, our wrongful death lawyers have recovered millions of dollars for grieving Texans in Houston and the surrounding areas. Our firm is committed to helping families honor their loved one’s life and legacy without the need to worry about funeral expenses, burial costs, and other financial burdens during this difficult time. Put over a decade of experience in your corner by partnering with our trusted advocates. We can fight relentlessly to hold negligent parties accountable while pursuing a favorable outcome on your behalf.
If you lost a loved one due to negligence, our firm can fight to hold responsible parties accountable for your unimaginable loss. Contact us online to discuss your case.
Types of Cases We Handle
HOUSTON, TEXAS
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What Constitutes a Wrongful Death in Texas?
Under Texas Civil Practice and Remedies Code §71.002, a “wrongful death” occurs when an individual’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another party. In these cases, surviving family members or the estate of the deceased can file a wrongful death claim to seek compensation for burial costs, funeral expenses, and other damages.
A wrongful death claim can arise from a wide range of scenarios, such as car accidents, truck accidents, medical malpractice, workplace accidents, defective products, or criminal activities. To successfully recover compensation, the plaintiff must establish that their loved one’s death was a direct result of the other party’s negligence.
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Who Is Eligible to File a Wrongful Death Claim?
To file a wrongful death lawsuit, individuals must meet certain criteria. Eligible parties may seek compensation for various damages, such as loss of companionship, emotional distress, and financial dependency. State law allows individuals to file a wrongful death claim individually or as a group.
In Texas, the following individuals are eligible to file a wrongful death claim:
- The decedent’s spouse: The surviving husband or wife of the deceased has the legal right to file a claim for wrongful death.
- The decedent’s children: This includes biological children, legally adopted children, and dependent stepchildren. Each child can file a claim individually or collectively.
- The decedent’s parents: Both biological and adoptive parents of the deceased can file a wrongful death claim. This applies regardless of whether the deceased was an adult or a minor.
- The decedent’s estate representative: If immediate family members decline to file a wrongful death claim, the estate’s personal representative or executor can file the claim on behalf of the deceased’s estate.
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Pursuing Justice for Houston Families Since 2012
At Mathias Raphael PLLC Accident & Injury Lawyers, our skilled lawyers are dedicated to seeking justice and compensation for Texans and their loved ones. We have a proven track record of results in a wide range of personal injury lawsuits. From car accidents to construction injuries, our experienced team has recovered millions of dollars in settlements for clients throughout the Houston area. As award-winning trial lawyers, we never hesitate from tough litigation if necessary to secure the fair settlement you deserve. Reach out today to get started with a no-obligation consultation and secure the personalized representation you deserve.
Don’t wait to seek justice for the wrongful death of a loved one. Call (346) 590-5001 to schedule a free consultation with our dedicated trial lawyers.
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How to Win a Wrongful Death Lawsuit
Determining liability in a wrongful death claim can be complex, especially while grieving the loss of a friend or family member. The plaintiff bears the burden of proof in a wrongful death lawsuit, meaning that you are responsible for proving that the defendant is liable by a preponderance of the evidence—in other words, that their negligence “more likely than not” caused the wrongful death.
Partnering with a knowledgeable attorney is paramount to recover the damages you’re rightfully entitled to. Your lawyer can help you demonstrate the core elements necessary to establish liability, including:
- Duty of care: You must show the defendant owed the deceased a duty of care, meaning that they had an obligation to act with reasonable care and caution.
- Breach of duty: Next, you must prove that the defendant breached their duty of care by acting negligently.
- Causation: Then, you must demonstrate that the defendant’s breach of duty directly resulted in your loved one’s death.
- Damages: Lastly, you must provide evidence of specific damages, such as funeral expenses, loss of income, emotional distress, and loss of companionship.
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Recoverable Damages in Wrongful Death Lawsuits
Various damages can be recovered in a wrongful death lawsuit to compensate the family for their loss. These damages fall into three main categories:
Economic Damages
Economic damages compensate families for direct financial losses, such as:
- Funeral and burial costs
- Medical expenses incurred before the loved one’s passing
- Lost earnings that would have been provided by the decedent
- Loss of benefits, such as retirement benefits and health insurance
- Loss of inheritance that the deceased would have left behind for their heirs
Non-Economic Damages
Non-economic damages compensate for indirect, non-financial losses, such as:
- Pain and suffering endured by surviving family members
- The loss of love, companionship, and support from the deceased
- Compensation for the absence of the deceased’s guidance and nurturing if they were a parent
- Emotional distress and psychological impacts resulting from the loss
Punitive Damages
In some cases, punitive damages may be awarded as a means to punish the defendant for extreme negligence or malice and deter similar behavior in the future. Unlike the above damages, punitive damages are solely meant to punish the defendant for wrongdoing, as opposed to compensating the family directly.
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My Spouse Was Killed by a Drunk Driver on the Katy Freeway. Can I File a Wrongful Death Claim?
Yes, you can file a wrongful death claim if your spouse was killed by a drunk driver on the Katy Freeway. In Texas, the surviving spouse has the legal right to seek compensation for the loss of their loved one due to someone else’s negligence. Our firm offers complimentary consultations to help Houstonians explore their legal options for pursuing justice after the unfathomable loss of a partner, spouse, or other cherished member of their family. -
My Husband Died in an Accident at the Houston Ship Channel. How Long Do I Have to File a Claim?
In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person's passing. This means that eligible family members or the estate of the deceased have a two-year window to initiate a lawsuit against the negligent party responsible for the death (Texas Civil Practice and Remedies Code §16.003).
Failure to file a claim within the specified time frame can jeopardize your eligibility for compensation, making it crucial to secure representation from a skilled Houston attorney as soon as possible. At Mathias Raphael PLLC Accident & Injury Lawyers, we can help your family navigate the legal intricacies of filing a claim, gathering evidence, proving liability, and maximizing the compensation available to you.
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"Attorney Raphael & Attorney Mathias are both very forthcoming & handle each case with care!"I have worked with this office on many different life care plans for personal injury cases and each time it’s been wonderful. Attorney Raphael and Attorney Mathias are both very forthcoming and handle each case with care. I would definitely recommend them!- Brandy C.
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"Damon took my case when others would not consider it."
Damon is the one attorney who took my case when others would not consider it. He is good at explaining the next steps and possible outcomes. Professionalism shows through in all he does. I recommend him for your legal matter.
- Carolyn -
"Mr. Mathias went above and beyond for me!"
Mr. Mathias went above and beyond when I got in an automobile accident making the situation stress free. He allowed me to concentrate on getting a new vehicle and getting the appropriate treatment instead of worrying about medical bills and settlements.
- James -
"Truly amazing attorney!"
Truly amazing Attorney! This guy went above and beyond my expectations, from a broken wired up jaw. To a well deserved settlement. Thanks again!
- S. Plowden -
"Better outcome than imagined."
Mathias Raphael PLLC Accident & Injury Lawyers handled our case well and gave us a better outcome than we could have ever imagined. Thanks to Damon, Ori and their entire team!
- Eric B. -
"Attorney Ori Raphael fights for you!"Ori gives it his all to fight for you!- Amir A
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"Hire these guys!"These guys are great! Ori really went above and beyond and every time I needed good advice or help, he was there for me.- R.J.
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"Mr. Raphael was very helpful and responsive to our needs!"Mr. Raphael was very helpful and responsive to our needs. He provided excellent service with polite,gentle and sensitive care,from the time he greeted us all through the process. I felt very confident trusting him with our case and he came through for us and got us more than we imagined.- Avi P.