Wrongful Death Attorney
Compassionate representation for families seeking justice after losing a loved one
Wrongful Death Legal Services
Losing a loved one is always devastating, but when that loss results from someone else's negligence or misconduct, the pain is compounded by feelings of injustice and anger. While no legal action can ever truly compensate for your loss, a wrongful death claim can provide financial security for your family and hold the responsible parties accountable.
At Michelle Acosta Law, we approach wrongful death cases with sensitivity, compassion, and determination. Our team understands the emotional and financial challenges families face after an unexpected loss. We're committed to providing both exceptional legal representation and the support you need during this difficult time.
Understanding Wrongful Death Claims in Texas
In Texas, a wrongful death claim can be brought when a person's death is caused by another's "wrongful act, neglect, carelessness, unskillfulness, or default." These claims serve both to compensate the deceased's family members for their losses and to deter similar conduct in the future.
Who Can File
Under Texas law, only certain family members can file a wrongful death claim, including:
- Surviving spouse
- Children (including adopted children)
- Parents (including adoptive parents)
If these individuals don't file within three months of the death, the executor or administrator of the deceased's estate may file the claim (unless family members specifically request they not do so).
Time Limitations
In Texas, wrongful death claims typically must be filed within two years from the date of death. However, certain circumstances can affect this timeline:
- If the death involves a minor, different rules may apply
- If negligence is discovered after death, the timeline might be extended
- Government entities may have shorter notice requirements
Because of these complexities, it's crucial to consult with an attorney as soon as possible.
Common Causes of Wrongful Death
Auto & Truck Accidents
Fatal car, truck, and motorcycle accidents caused by negligent drivers, vehicle defects, or unsafe road conditions.
Workplace Accidents
Fatal incidents in dangerous workplaces like construction sites, industrial facilities, refineries, and oil fields.
Medical Malpractice
Deaths resulting from surgical errors, misdiagnosis, medication mistakes, and other healthcare negligence.
Defective Products
Deaths caused by dangerous or defective consumer products, medical devices, vehicles, or medications.
Premises Liability
Fatal accidents on property due to unsafe conditions, inadequate security, or failure to address known hazards.
Intentional Acts
Deaths resulting from assault, battery, or other intentional harmful acts, which may involve both criminal and civil cases.
Recoverable Damages in Wrongful Death Cases
While no amount of money can ever replace your loved one, Texas law allows family members to recover various types of damages in wrongful death cases:
Economic Damages
Lost Income and Earning Capacity
The income and benefits the deceased would have earned throughout their expected career.
Lost Services and Support
The value of services the deceased would have provided to their family, such as childcare, household maintenance, and guidance.
Medical Expenses
Costs of any medical treatment related to the fatal injury or illness before death.
Funeral and Burial Expenses
Costs associated with the funeral, burial, or cremation services.
Non-Economic Damages
Mental Anguish
The emotional pain, suffering, and distress experienced by family members due to the loss.
Loss of Companionship
The loss of love, comfort, society, and companionship provided by the deceased.
Loss of Consortium
For surviving spouses, compensation for the loss of the marital relationship.
Punitive Damages
In cases involving gross negligence or willful misconduct, additional damages may be awarded to punish the wrongdoer.
Wrongful Death vs. Survival Actions
In Texas, there are two distinct legal actions that may arise following a person's death due to negligence:
Wrongful Death Claims
- Filed by specific family members
- Compensates for the family's losses resulting from the death
- Damages are paid directly to family members
- Focuses on the impact of the death on the survivors
Survival Actions
- Filed by the estate of the deceased
- Represents claims the deceased could have brought had they survived
- Damages become part of the estate and are distributed according to will or intestacy laws
- Includes pain and suffering of the deceased before death, medical expenses, and lost earnings before death
At Michelle Acosta Law, we can help families pursue both types of claims when appropriate to ensure full compensation for all losses.
How Michelle Acosta Law Can Help
Compassionate Support
We understand that this is an extremely difficult time for your family. We approach every case with sensitivity and respect, providing emotional support throughout the legal process.
Thorough Investigation
We conduct comprehensive investigations to establish liability, working with accident reconstructionists, medical experts, and other specialists to build a strong case.
Accurate Damages Assessment
We work with economic experts, life care planners, and other professionals to accurately calculate the full extent of your family's losses and ensure you seek appropriate compensation.
Skilled Negotiation and Litigation
We negotiate firmly with insurance companies and defense attorneys to reach a fair settlement. If a fair offer isn't forthcoming, we're fully prepared to take your case to trial and present a compelling case to a jury.
Case Management
We handle all aspects of your case, including paperwork, deadlines, communications with insurance companies, and court filings, allowing you to focus on healing and supporting your family.
Seeking Justice for Your Loved One
If you've lost a family member due to someone else's negligence or misconduct, you deserve both justice and compensation. While no legal action can ever replace your loved one, it can provide financial security for your family and hold the responsible parties accountable. Contact Michelle Acosta Law today for a compassionate, confidential consultation about your case.
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