Legal Options When You’ve Lost a Family Member Due to Negligence
When your loved one dies unexpectedly, you are overwhelmed with grief. And when financial stress accompanies your emotional turmoil, it can be crushing. That’s why you should turn to our Houston wrongful death lawyers for help sooner rather than later.
Our team at Terry Bryant Accident & Injury law will handle all the legal elements of your case, of course, but we’ll also guide you through the steps of what to expect now and what comes next. As your case progresses, we’ll keep you well-informed. We’ll help you understand the expenses a settlement or jury award in your wrongful death case will cover. We’ll gather the information necessary to prove your case.
In short, we understand you need to grieve and adjust to a big change in your life. That’s why our compassionate Houston wrongful death attorney will manage all aspects of your case.
Pursuing a Texas Wrongful Death Lawsuit
While any death of a loved one is tragic, when it is caused by negligent actions of others, it can leave you feeling utterly devastated. You know their death didn’t need to happen. You worry about your financial future. If you have lost a family member because of negligence or a wrongful act, you may have legal recourse. In a wrongful death lawsuit, you could potentially get compensation to pay for the financial and emotional losses you’ve suffered. Our experienced Houston wrongful death attorney can help you find out whether this is an option.
Talk to our team about your wrongful death case. We’ll review the details and explain your legal options based on the circumstances of your loved one’s death.
We know that nothing can ever replace your loved one. But a successful wrongful death lawsuit may ease the financial burden placed on your family by paying for the deceased person’s lost income, medical bills, the mental anguish of those left behind, and more. Very importantly, it can also serve to hold the at-fault person accountable for their negligence.
Call Today to Speak with Our Compassionate, Understanding Wrongful Death Attorney
Our understanding wrongful death attorneys in Houston, TX, provide compassionate legal assistance to our clients as they go through the hardest times of their lives. When you trust our team at Terry Bryant Accident & Injury Law to represent your wrongful death claim, you can be assured we will work hard to get you the most favorable outcome possible. Get your free consultation. Speak with our Houston wrongful death lawyer by calling (713) 973-8888 or toll-free 1 (800) 444-5000 today.
For over 35 years, we’ve successfully helped get compensation for people who have lost family members because of the wrongful actions of others. We want to help you, too.
Why Hire a Wrongful Death Attorney at Terry Bryant Accident & Injury Law?
Learn the Many Reasons to Work with Our Houston Wrongful Death Lawyer
We know that you have many choices of wrongful death attorneys in the Houston area. We believe you should hire our law firm because of the depth of experience that we have and our commitment to our clients. Our attorneys have extensive experience handling fatal injury cases – whether pursuing wrongful death claims or survival actions.
Don’t take our word for it – we have a track record of winning. Learn how we helped our past clients in Texas wrongful death cases.
What Sets Us Apart from Other Houston Wrongful Death Lawyers
Our winning record. We get proven results for our clients, winning millions in wrongful death cases. We always seek maximum compensation for our clients.
Our long history of helping clients in wrongful death cases. We’ve served clients in the Houston area for over 35 years.
What our clients say about how we successfully helped them win their case. See our testimonials.
We don’t leave clients in the dark. We will explain the process of your wrongful death case at every stage. We will answer any and all questions you have.
We are steadfast in our dedication. You are not just another client when you work with our team. You’ll be surprised at how much we value your concerns and your needs.
Our compassion in a difficult time. We know about the stress and strain our clients experience when a serious and sudden injury happens. We know clients need our legal expertise, but they also need an understanding friend.
Depend on the Expertise and Experience of our Houston Wrongful Death Attorney
Terry Bryant opened Terry Bryant Accident & Injury Law in 1985 because he is passionate about helping people who have been victims of negligence or wrongful acts get the compensation they deserve. Since starting the firm over 35 years ago, he has built a skilled and compassionate legal team that is as dedicated as he is to helping survivors of wrongful death victims get financial recovery for their loss.
When you work with us, we will fight aggressively for you. We will relieve the burden of pursuing a legal claim, giving you the time and space you and your family need at this difficult time.
Additionally, Terry Bryant Accident & Injury Law is accredited by the Better Business Bureau and has received the BBB’s winner of distinction award for excellence several times. You can trust us to deliver zealous representation.
Wrongful Death Client Review
Ray’s Wife Died at a Houston Chemical Plant
“If you’re seeking justice for a wrongdoing, you want a good, reliable, strong lawyer, and that’s Terry Bryant. I don’t think I could have got a better lawyer.”
~ Ray M.
How Much Compensation Can Our Houston Wrongful Death Attorney Get for You?
The loss of your loved one is probably the greatest tragedy your family can endure. When their death was due to the negligent or intentional actions of another party, the impact is even more painful for surviving family members. You are left to cope with the knowledge that if it weren’t for someone else’s wrongful misdeed, your loved one might still be alive. While the emotional effects are devastating, your family can also experience serious financial distress. This is especially true if the person who died was a provider for your family.
Types of Damages in a Texas Wrongful Death Case
Wrongful death claims ask for compensation for the losses, or damages, people suffer when a family member dies. Damages are all the economic and noneconomic losses involved. How much compensation you might be able to get depends on what damages apply to your case.
Depending on the facts of your wrongful death case, your damages may include things like:
Medical expenses to treat your loved one’s injuries before they died
Funeral and burial costs
Emotional pain and suffering, and mental anguish
Loss of the deceased’s income and future earning capacity
Loss of benefits from your family member, such as health insurance
Loss of future inheritance
Loss of services your loved one performed, such as childcare, home maintenance, support, advice, and guidance
Loss of companionship, love, and comfort.
In some cases, when gross negligence is involved, punitive damages may be pursued. Punitive damages, which are called “exemplary damages” in Texas, are meant to punish at-fault parties and stop them from repeating the same behavior in the future (Tex. C.P.R.C. §71.009).
Our skilled Houston wrongful death attorney at Terry Bryant Accident & Injury Law can help you understand the damages you and other survivors might get based on the circumstances of your case. Call us at (713) 973-8888 to arrange your free consultation.
Examples of Our Settlements and Awards in Wrongful Death Cases
Here are just a few examples of results that our attorneys won for clients in Texas wrongful death cases. They include:
$1.81 million in a tire explosion case that resulted in death
$1.76 million in a tire explosion case in which the victim died
$1.32 million in a work injury case resulting in death of a dock worker
While we can’t tell you that a settlement or award will be similar for your claim, we can tell you that when we accept your case, we’ll dedicate our law firm’s resources to getting you the most compensation possible based on the facts involved.
Who Can File a Wrongful Death Claim?
Only specific family members can sue for wrongful death in Texas (Tex. C.P.R.C. §71.004). They are the surviving spouse, children, and parents of the deceased, including adoptive children and parents. These family members can file individually or as a group.
If none of these family members files a wrongful death claim within three months of the death, the personal representative of the deceased may file on behalf of the estate. Grandparents, siblings, aunts and uncles, cousins, and other relatives are typically not eligible to file, unless they are also the personal representative.
How Is Money Divided in a Successful Claim?
Compensation in Texas wrongful death claims is divided between eligible surviving family members. When cases settle with insurance companies rather than being decided at trial, family members may decide among themselves how the money will be divided, assuming they are in agreement. If they can’t agree, a judge may have to decide for them. When minor children are among the eligible survivors, the court will appoint a representative to look out for the children’s interests. When cases go to trial and result in an award, the jury will decide how much money each eligible survivor gets, based on a variety of factors.
If you are an eligible survivor, reach out to our law firm today. Our Houston wrongful death lawyer can help you get the compensation you need for your tragic loss. Call us at (713) 973-8888.
Our Wrongful Death Attorney Will Stand Up for Your Interests
No matter what kind of negligent or intentional action led to your loved one’s death, when we take your case, we’ll fight for your interests through every step in the process. Our wrongful death attorneys will investigate all the evidence involved to establish liability. In some cases, more than one party may be held liable. We will then work aggressively to get you the maximum compensation you need and deserve.
Many wrongful death claims are settled through negotiations with the insurers of the at-fault parties. Sometimes, however, cases must go to trial before a jury or judge to be resolved. No matter how your case progresses, we’ll keep you carefully informed through every step in the process. Get help right away by calling and arranging a consultation at (713) 973-8888.
Insurers Will Aggressively Dispute Wrongful Death Claims
OUR WRONGFUL DEATH LAWYER TENACIOUSLY ADVOCATES FOR CLIENTS
Wrongful death claims usually involve much higher damage awards than other personal injury actions. Insurance companies are in the business of making money. They make more when they don’t have to pay out, which means they will often offer the lowest settlement amount possible. They may resist all attempts to get fair compensation. It’s important to have a wrongful death lawyer on your side who knows how to deal with insurance companies. You want a wrongful death attorney who is known by the insurance industry and defense counsel to be a no-nonsense and tenacious advocate for clients.
To succeed, the underlying case that caused the injury that led to death (car wreck, 18-wheeler accident, medical malpractice, workplace injury, etc.) must be successfully argued. Without a favorable verdict or settlement, you cannot collect any damages arising from a wrongful death. While there are never any guarantees, a lawyer with extensive experience in handling wrongful death cases is well-equipped to get you the amount of damages you and other surviving family members deserve.
If your family member has been killed by a negligent act, but you’re unsure about some of the elements of your case and how to proceed, talk to a wrongful death lawyer from Terry Bryant Accident & Injury Law. Our team of wrongful death lawyers in Houston will ensure that your family receives the best possible representation. We have extensive experience representing families that have lost loved ones. We know how painful it is for your family to face such an unthinkable and tragic loss.
We cannot bring your loved one back, but we will work hard to get you fair compensation for all you have been through. You should not have to pay the price financially for another party’s negligence after your loved one has already paid the ultimate price. Call us to learn how we may be able to help you by dialing (713) 973-8888.
Your family member has paid the ultimate price for another’s careless actions. Hold the negligent party accountable with the help of our Houston wrongful death attorney.
Who Can Be Held Liable in Wrongful Death Lawsuits?
A wrongful death claim can be filed against any individual or entity that caused your family member’s death through their negligent or intentional actions. There are a wide range of scenarios in which wrongful death can occur and a variety of parties that may be held liable:
Motor vehicle drivers who cause accidents
Doctors and other healthcare providers who injure patients
Nursing home operators and staff who abuse patients
Manufacturers who make defective products
Property owners who allow hazardous conditions to exist
Employers who are inattentive to workplace safety
Government entities when negligence causes deaths
Individuals who commit intentional and violent acts.
Our Skilled Wrongful Death Attorney Explains How Liability Is Proven
How do our attorneys prove wrongful death? Proving wrongful death involves several steps. For example, in the case of a slip and fall at a grocery store, we must show by the evidence that:
The at-fault party had a duty of care to your loved one. Grocery stores that invite the public inside for shopping must take steps to keep things reasonably safe.
The store breached the duty of care. Suppose there is a spill on the floor that store personnel know about but don’t clean up or warn shoppers about.
The spill that was negligently allowed to remain on the floor directly led to a slip and fall and your loved one hitting their head and passing away.
The store can be sued for wrongful death for violating the duty of care that they owed to customers. But negligence isn’t always easily proven. It takes a careful gathering and review of the evidence involved. And the evidence will vary depending upon the type of accident or incident that caused the death.
Here are some types of evidence that may be used in wrongful death cases:
Police reports and other first responder and incident reports
Conditions at the time of the accident, such as traffic or weather conditions
Reports and testimony from expert witnesses
Statements and testimony from eyewitnesses to accidents
Reports from doctors about injuries that led to the death
Photographs or videos from the accident scene.
Sometimes the opposing side will claim there is evidence that the victim contributed to their own death. In the grocery store example, the at-fault party may claim the victim wasn’t looking where they were going because they were staring at their phone, so they missed the obvious spill on the floor. In cases where fault isn’t cut and dried, the rule of modified comparative negligence may come into play.
Texas Modified Comparative Negligence and How It Could Affect Your Compensation
Texas follows a rule of modified comparative negligence, also called “proportionate responsibility,” in wrongful death cases. What this law means is that if your case goes to trial and the other side can convince the judge or jury that your family member shared blame for the car wreck or other accident in which they died, your award will be reduced by your loved one’s percentage of blame.
For example, If it’s determined that your family member was 20% at fault and the award is $100,000, the amount you would receive for your lawsuit is $80,000. If it’s shown that your loved one was more than 50% responsible for causing the accident, you won’t get anything. Even when liable parties and their insurers are willing to settle claims outside of court, any fault by your family member will almost surely be considered in the settlement amount that is offered.
For this reason, it’s very important that you work with a Houston wrongful death attorney with a track record of successfully proving fault in injury cases. At Terry Bryant Accident & Injury Law, our attorneys know how to prove liability and will work aggressively to show that your loved one who tragically died didn’t share responsibility or shared minimal fault for the accident, depending on the situation.
Don’t wait to get help. Call (713) 973-8888 today to arrange a time to speak with an experienced Texas wrongful death lawyer in a free consultation.
FAQs About Wrongful Death Cases
Our Houston Wrongful Death Lawyer Answers Common Questions
Most people who have lost family members and are considering wrongful death claims have many questions about the process. Here are some of the most common questions that our wrongful death lawyers in Houston get.
The Texas Wrongful Death Act defines wrongful death as death from an injury caused by another person or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default.” Individuals or entities, such as product manufacturers or government agencies, for example, can be liable for damages if they cause such injuries that lead to death.
Wrongful death claims ask for damages to compensate eligible family members for what they’ve lost due to the death. But not all family members are eligible to file or collect in a wrongful death claim.
Our lawyer will help you by collecting all the evidence involved in your case. We’ll file all the necessary insurance and court paperwork. Our wrongful death attorney will interview any witnesses to the accident or other incident. We may identify expert witnesses to testify in your case, such as traffic safety experts, medical practitioners or others. We will value your claim based on all of your damages. Then we’ll aggressively seek to negotiate a fair settlement with the at-fault party and their insurance company. Most wrongful death lawsuits are settled through negotiation. However, if an agreement can’t be reached, we’ll advocate for your interests at trial.
As highly experienced wrongful death attorneys, we know how to take on insurance companies and achieve fair settlements for our clients. We also know how to present evidence to juries to get positive results for wrongful death survivors. Call us to learn how we may be able to help you.
When you work with our wrongful death attorney at our law firm, you only pay us if we win your case. If for some unusual reason we can’t get you a settlement or a jury doesn’t rule in your favor, you don’t owe us anything. This payment arrangement is called working on “contingency,” meaning that payment to us is contingent on winning your lawsuit. Once we get you compensation, we’ll take a previously agreed upon percentage of the settlement or award amount. The percentage will depend upon a number of factors, including the complexity of your case and how high-risk it is.
When we meet with you, we can give you a better idea of what we will charge when we win your case, based on all of its unique factors. Additionally, our wrongful death attorneys provide free consultations. You won’t spend anything in telling us about your case, and you have nothing to lose by reaching out to us.
Other costs in wrongful death lawsuits could include payment to expert witnesses, court filing fees, document copying costs, postage costs, court reporter payments for depositions, costs of court reporting transcripts and other incidental expenses. When we meet with you about your case, we can advise you about other fees and costs based on your situation.
You aren’t required to hire a lawyer to file a wrongful death claim. If your case is very simple and straightforward and the other party has admitted fault, you could potentially handle the claim directly with the insurer. However, even for relatively simple claims it isn’t recommended. You will typically stand a better chance of getting the full value of damages with the help of an experienced wrongful death attorney who understands how insurers operate and knows how to effectively negotiate with them.
If you have a more complex claim or a wrongful death lawsuit that is going to trial, you will greatly increase your chances of a successful outcome with an attorney’s assistance. An attorney will make sure that you meet filing deadlines and that paperwork is correctly completed. Your attorney will also help you value your claim so that you ask for the full compensation to which you are entitled and don’t leave money on the table. And a skilled wrongful death attorney will fight for your interests throughout every step in the process, allowing you to focus on your loved ones during this time of mourning.
It all depends upon the circumstances of each case. Claims that are relatively straightforward, in which fault isn’t disputed and in which insurers are willing to fairly settle, may take just weeks. Cases that are more complex and require rounds of negotiations with insurers can take much longer. And when wrongful death lawsuits go to trial to be decided by juries, they can take a year, or even years, to be resolved. As we work on your case, we will advise you about how we see it proceeding and the possible time it may take.
What is better depends on each situation. Cases that settle typically resolve faster. Cases that go to trial usually take longer. When cases are settled, you know you will get money. If your case goes to trial, there is no guarantee that the judge or jury will rule in your favor. However, jury awards are often larger than settlement offers. As you can see, there is no one way that is better.
While most cases settle and our Houston wrongful death lawyers typically first seek to negotiate settlements, we always thoroughly prepare cases as if we are going to trial. This preparation shows our opponents that we are not afraid to take the case all the way to the courts, which often results in beneficial settlement offers for our clients. We can advise you, based on all the evidence in your case, what the likelihood of an adequate settlement offer may be versus having to go to trial.
Every Wrongful Death Case Is Different—Contact Us to Have All Your Questions Answered
Every single wrongful death case is different and has its own intricacies. Don’t hesitate to reach out to us with questions we haven’t addressed or for answers based on the facts of your individual situation. Call Terry Bryant Accident & Injury Law today at (713) 973-8888 for answers to your questions.
Statute of Limitations for Filing Wrongful Death Lawsuits
Speak Directly to Our Wrongful Death Attorney to Learn About Deadlines for Your Claim
In Texas, a wrongful death claim must generally be filed within two years of your loved one’s death. However, there are some exceptions to this rule. So always speak to an attorney for the exact deadlines that apply to your potential claim(s).
Always speak directly to our attorney to learn the exact statute of limitations and other deadlines that apply to your claim. Call us now at (713) 973-8888.
Our wrongful death lawyer can advise you about time limits and other deadlines applicable to your specific situation. If you believe that your family member lost their life because of someone else’s negligence or intentional actions, it is important to act quickly to maximize the chances of a successful claim. Filing as quickly as possible will help to ensure that necessary evidence is preserved.
While we know that getting involved in a lawsuit may be the last thing on your mind during this difficult time in your life, the sooner you begin the process, the sooner you may get compensation for their loss and hold the responsible party accountable. Our Houston wrongful death attorney will work to make the process as stress free for you as possible by providing sound guidance and a compassionate approach. Don’t delay—reach out today.
Let Our Experienced Wrongful Death Lawyers in Houston Ease Your Burdens
We understand how we can help you. We know Texas laws. We have experience with cases like yours. Our Houston wrongful death attorney can ease the burdens of your family member’s loss by pursuing compensation you deserve and by holding the at-fault party accountable.
When you’ve lost a beloved family member, your life has been changed forever. You’ve not only lost love and support, but you may also be facing financial hard times. A successful wrongful death lawsuit may ease the stress of your economic losses. Call Terry Bryant Accident & Injury Law at (713) 973-8888 or fill out our online form to arrange a free case evaluation and learn if you may be able to get compensation. Our compassionate and experienced wrongful death lawyers in Houston are here to help you.
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
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