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What Is Wrongful Death?
Wrongful death refers to a legal action when an individual dies due to another party’s misconduct or negligence. A wrongful death could involve various scenarios, including car accidents, medical malpractice, workplace incidents, or even defective products.
The Impact of Wrongful Death
The emotional toll of losing a family member can be overwhelming. Families face grief and often financial instability. In many cases, the deceased loved one was a wage earner contributing to the family’s income. The loss can disrupt every aspect of life, as loved ones struggle with feelings of anger, guilt, and helplessness. Pursuing a wrongful death claim can provide a sense of justice and help restore some financial stability.
Who Can File a Wrongful Death Claim?
In Texas, the individuals eligible to file a wrongful death claim are the deceased’s spouse, children, or parents. If none of these family members can file, the deceased’s executor or administrator may undertake the action on behalf of the estate. Understanding your eligibility can be complicated, and having an experienced lawyer by your side is essential for guiding you through the process.

Proving a Wrongful Death Claim
A wrongful death claim must arise because of the negligence of another individual or entity, proving the following:
- Duty of care: Showing that the negligent person or entity had a duty of care not to harm the deceased
- Duty breach: Demonstrating that the negligent party breached that duty through action or inaction
- Causation: Proving that the breach caused the death
- Damages: The surviving family members suffered damages due to their loss
Gathering evidence, such as medical records, accident reports, and witness testimonies, is crucial in building a solid case. This painstaking process highlights the importance of hiring a skilled wrongful death attorney in Houston to analyze the circumstances and gather necessary documentation.
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Types of Compensation Available
Families pursuing wrongful death claims may be entitled to various damages. Pursuing maximum compensation can alleviate some financial burdens and provide the means necessary to move forward while honoring the memory of a loved one.
Economic Damages
Economic losses include lost wages and benefits until the deceased reaches retirement age and funeral and burial costs.
Non-Economic Damages
These damages may represent the pain and suffering experienced by the family members or the loss of companionship.
How Long Do You Have to File?
In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of the individual’s death. Failure to file within this period can result in losing the right to file for compensation. Therefore, it is vital to act soon and consult with an attorney who can review and begin collecting the evidence to support your case.
How Our Law Firm Can Help
Facing a wrongful death claim alone can feel daunting, but you don’t have to navigate this journey by yourself. The Stewart J. Guss Injury Lawyers fight for the rights of families who have suffered due to negligence or intentional acts of another. With experience in handling wrongful death cases, we know the intricacies of Texas law and will work to seek justice for your loss. Don’t hesitate to contact us by calling (281) 317-0883 or using our online form. We offer a free consultation and review of your case and can help you pursue the compensation you deserve. Your family deserves justice and a chance to heal.
In the aftermath of a wrongful death, securing skilled legal representation is vital. Hiring a knowledgeable wrongful death lawyer in Houston can impact the outcome of your case, helping you receive the compensation necessary to rebuild your life. We are committed to standing by your side during this challenging time. If you are ready to take the next step, contact us today, and let us guide you through the legal process. Your family’s future is worth fighting for.

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