At The Moudgil Law Firm, we recognize the overwhelming grief that accompanies the loss of a family member. Our wrongful death attorneys are dedicated to alleviating the legal burden and supporting you through this difficult time. Our primary goal is to ensure that surviving family members are well-informed about their legal options and receive the compensation needed to meet their present and future needs.

During this challenging period, you can rely on us to:

• Manage communication with insurance companies on your behalf
• Notify bill collectors about the pending wrongful death claim and anticipated payment
• Conduct a thorough investigation into your loved one's death, gathering evidence and identifying potential sources of compensation
• Calculate the comprehensive costs and losses incurred due to your loved one's passing
• Negotiate with insurance companies to secure a just and fair settlement for your wrongful death claim
• Pursue legal action in court if insurance companies refuse to provide adequate compensation

It's important to note that there is a specific time limit within which you must file a wrongful death claim in Texas. To ensure you don't miss this deadline, it's crucial to consult with one of our experienced wrongful death lawyers as soon as possible. At The Moudgil Law Firm, we operate on a contingency fee basis, meaning you don't pay upfront fees. Our fees are contingent on us successfully recovering damages for you.

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What is Wrongful Death?

Wrongful death occurs when an individual's death results from the negligent or wrongful actions of another person or entity. The responsible party can include individuals, companies, government agencies, and other entities.

A wrongful death claim is a civil lawsuit that allows certain surviving family members to hold the at-fault party accountable for intentional or unintentional actions that led to the death of their loved one. Although wrongful death claims are recognized in all states, the criteria for compensation and the eligible parties to sue can vary from state to state.

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Texas Wrongful Death Laws

In Texas, wrongful death claims can be filed by surviving spouses, adult children (both legally adopted and biological), and parents of the deceased individual. These family members have the option to file the claim either individually or as a group. If none of these eligible parties file a claim within three months of the date of death, the personal representative of the deceased person's estate can file the claim.

However, there are certain individuals who are ineligible to file a wrongful death claim. For instance, an adopted child cannot file a claim for the wrongful death of a biological parent, and surviving siblings cannot file a claim for the loss of a brother or sister.

It's important to clarify that a wrongful death claim is a civil claim filed in civil court to seek financial compensation. This differs from a criminal murder case, where the aim is to secure a criminal conviction and prison time for the responsible party.

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What is the Deadline for Filing a Wrongful Death Claim in Texas?

All civil lawsuits in Texas, including wrongful death claims, are subject to statutes of limitations. Failing to file within the specified deadline can result in the dismissal of your lawsuit and the forfeiture of your right to seek compensation.

In most cases, Texas law allows a two-year window from the date of the loved one's death to file a wrongful death claim. While there are exceptions to this rule, they don't always apply to wrongful death cases. To determine your precise filing deadline and preserve your right to compensation, it's essential to consult with a knowledgeable wrongful death lawyer from The Moudgil Law Firm.

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What Damages are Recoverable in a Wrongful Death Claim?

In wrongful death claims, both the surviving family members and the deceased person's estate have the right to seek compensation for the losses they've suffered. Upon concluding the lawsuit, the court will decide on the eligibility for damages and allocate the settlement among surviving family members based on the extent of their individual losses.

There are two main types of damages in wrongful death lawsuits: economic and non-economic.

Economic damages encompass the tangible financial losses incurred by the deceased's estate or family members as a result of their passing. These damages can include:

• Loss of potential earnings and future income
• Loss of inheritance
• Medical expenses associated with the fatal incident
• Funeral and burial costs

Non-economic damages address the intangible emotional and physical pain experienced by the surviving family members due to their loved one's death. Some common non-economic damages include:

• Mental anguish and emotional suffering
• Loss of care, support, advice, and companionship
• Loss of love, comfort, and society

In certain cases, the court may also award punitive damages (also known as exemplary damages) to the immediate family. The purpose of punitive damages is to punish the responsible party for particularly egregious actions. If the at-fault party's actions involved gross negligence or intentional misconduct that led to your loved one's death, the case may qualify for punitive damages. To determine which damages you and your family may be eligible for, consult a wrongful death attorney from The Moudgil Law Firm.

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Types of Incidents That May Qualify as Wrongful Death

Wrongful death can arise from a variety of circumstances. Some common scenarios that may lead to wrongful death claims include:

• Car accidents: Negligent driving behaviors such as speeding, reckless driving, distracted driving, drunk driving, and texting while driving can result in fatal accidents.
• Medical malpractice: Mistakes made by medical providers, misdiagnoses, incorrect prescriptions, and other errors can lead to a patient's wrongful death.
• Workplace accidents: While certain industries, such as construction, carry a higher risk of fatal accidents, wrongful deaths can occur in any work-related setting.
• Defective products: If a person dies due to a dangerous or defective product, the manufacturer of that product can be held liable. This can include defective pharmaceuticals, toxic foods, unsafe toys, and faulty automobile parts.
• Semi-truck accidents: Due to their size, weight, mechanics, and potential for driver error, accidents involving semi-trucks are more likely to result in fatalities.
• Pedestrian accidents: Pedestrians are vulnerable and have no protection against oncoming vehicles. Negligent drivers can easily cause fatal pedestrian accidents.
• Aviation accidents: While rare, aviation accidents can lead to fatalities. Common causes include pilot error and mechanical failures.

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Difference Between a Survival Action and a Wrongful Death Claim

In cases where a loved one has passed away due to negligence, there are two legal options available: a wrongful death claim and a survival action claim. These serve distinct purposes.

A survival action claim seeks monetary damages for the pain and suffering the deceased person endured before their death. If the court awards compensation in a survival claim, the estate of the deceased receives the settlement, which is then distributed among surviving family members.

It's possible to file both a survival action claim and a wrongful death lawsuit under Texas law. The skilled Houston personal injury attorneys at The Moudgil Law Firm will guide you through both processes, aiming to secure maximum compensation for you and your family.

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Contact Our Houston Wrongful Death Lawyers Today

While financial compensation cannot replace the loss of a loved one, a wrongful death claim can provide a measure of closure and justice, along with the means to move forward. Select The Moudgil Law Firm for our:

• Compassionate and considerate approach
• Dedicated attention to answering your questions
• Transparent communication and regular updates on your case's progress

If you have questions about the circumstances surrounding a family member's wrongful death in Houston, reach out to The Moudgil Law Firm. Our experienced wrongful death attorneys are here to support you during this painful time. We will provide clarity on wrongful death lawsuits, explore the best legal approach for your situation, and work diligently to secure the compensation you deserve. Schedule a free consultation today to take the first steps toward recovering the support you need.

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