How to File a Wrongful Death Claim in Houston | Expert Texas Attorneys at Carabin Shaw

It’s painful enough experiencing the loss of a loved one. Navigating the legal system is even more stressful to deal with, but with the aid of a lawyer, you can finally get justice. Successfully putting together a wrongful death claim involves investigating witnesses, gathering documentation, and contacting the involved parties.

When you need an experienced guide to help you navigate the legal field, our specialized attorneys at Carabin Shaw have years of experience helping residents file claims for wrongful deaths. We represent Texas residents to ensure you’re getting both specialized knowledge in wrongful death and state-specific expertise. Contact us today at 1-800-862-1260 to schedule a FREE CASE REVIEW and learn how we can help you.

If you suspect negligence or intention contributed to the death of a loved one, your case may fall under the moniker of a wrongful death. A 2024 CDC study found poisoning and falls are some of the most common unintentional deaths.

However, a few more examples of a wrongful death in Houston TX can look like:

• A driver hitting a pedestrian while under the influence of alcohol.
• A medical professional administering the wrong medication.
• A business failing to provide appropriate electrical safety measures.

A wrongful death lawsuit is a civil case, not a criminal case. A civil case involves disputes between two private parties, such as two families or an individual and a business. A criminal case lawyer, instead, looks at cases that are a larger threat to the public.

However, a wrongful death claim may still involve criminal matters. For example, if you suspect the wrongful death was caused by domestic violence or child abuse, then a legal professional may still explore criminal laws alongside a civil case.

Texas has a statute of limitations of two years after the deceased person’s death. You may or may not receive an extension if you believe the responsible party may have tried to cover up their actions. A Texas wrongful death lawyer can ensure your wrongful death claim falls within the statute of limitations, then help you with crucial details such as gathering investigative evidence and witness testimonies.

The spouse, parents, or children of the deceased may file for a wrongful death lawsuit. However, grandparents and siblings aren’t eligible in the state of Texas. If no eligible family members file a case within three months, the executor of the estate of the deceased may file a suit on their behalf.

A wrongful death lawsuit requires detailed documentation to trace intention or negligence to a specific party. When you sit down with a legal professional, they’ll help you gather information such as:

• A death certificate to prove the time and place of death for the deceased person.
• The cause of negligence, such as evidence of a driver running a red light.
• Proof of a breach of duty, which refers to the responsibility the defendant was expected to uphold.

Compensation can help you recover from economic and non-economic damages following the death of a loved one. A legal professional may help you receive compensation, such as:

• Financial support for medical bills and the funeral. According to the National Funeral Directors Association, the average cost of a funeral is $7,848.
• Loss of income your loved one would have earned before their death.
• Mental and emotional support to help with grief and suffering.

Depending on the nature of your case, a wrongful death lawyer in Houston may also help you seek punitive damages. These damages refer to any additional punishment to the defendant on top of providing compensation.

You need to contact a legal professional as soon as possible. The state’s statute of limitations is usually two years, but it can take time to put together a compelling claim for the court. The Houston wrongful death attorneys at Carabin Shaw bring decades of specialized experience in wrongful death cases. They can speak with insurance companies, contact relevant parties, and help you gather documentation like police reports or medical paperwork.

We have English-speaking and Spanish-speaking staff available. Read our law firm’s client reviews to see how we’ve helped residents navigate wrongful death claims in the past. We’re confident in our ability to help you recover compensation, which is why we work on a contingency-fee basis—you pay nothing unless we win. Contact us online or call toll-free at 1-800-862-1260 to get started today!

For more information:

• CDC
• NFDA
• Texas Statutes 16