Knowledgeable and Compassionate Counsel after an Accidental Death
There’s nothing more devastating than the wrongful or accidental death of a loved one. Far too often, it comes as a result of the careless or negligent acts of another person. Though nothing can turn back the clock and bring your loved one back, you have the right to hold those responsible accountable for their actions. You may have lost the financial support of a parent or spouse. You may have lost the love, nurturing, guidance or direction of a partner or elder. You want an experienced attorney to help protect your rights, someone who understands the full impact of your loss. You want Bailey & Galyen.
At the law offices of Bailey & Galyen, we bring more than 40 years of experience to people who have suffered any type of loss in an accident caused by someone else’s carelessness. That includes individuals who have experienced the death of a loved one in any type of accident. We offer a long record of success—since we opened our practice more than four decades ago, we have recovered hundreds of millions of dollars in judgments and settlements in personal injury and wrongful death lawsuits.
We know what it takes to get the results you want—hard work, strong communication and a willingness to listen. We’ll learn exactly what happened, as well as what you need to move forward, so that we can take the right steps to get the outcome you want. We’ll keep you fully involved and informed, updating you on any developments in your case, so that you can make smart decisions about how you want to proceed. We are committed to being available and accessible whenever you have questions or concerns.
We offer a free initial consultation to anyone with a potential wrongful death claim. For a meeting with a compassionate and detail-oriented Houston wrongful death attorney, contact Bailey & Galyen online or call us at 281-771-1725.
What Is Wrongful Death in the State of Texas?
The state of Texas deems a death to be “wrongful” when it is caused by the carelessness, negligence or legal misconduct of another person. Though a wrongful death claim can be based on another person’s intentional acts, as a practical matter, most wrongful death lawsuits are based on a legal claim of negligence. To succeed with such a lawsuit, you must demonstrate to the jury that the actions of the person who caused the death of your loved one were not consistent with what a reasonable person would have done under the circumstances.
In Texas, a death is considered wrongful if it was caused by “[a] wrongful act, neglect, carelessness, unskillfulness or default.” Furthermore, unlike many states, the Texas wrongful death laws apply to fetuses, as well as persons already born.
How Does a Wrongful Death Lawsuit Differ from Other Types of Personal Injury Claims?
In Texas, a wrongful death action can look very much like most other personal injury claims. The essential difference, though, is that the victim has died and therefore cannot bring the lawsuit personally. For that reason, a wrongful death lawsuit in Texas is customarily filed either by surviving family members or by the deceased’s estate. Under Texas law, if a surviving spouse, child or parent of the decedent does not file a wrongful death lawsuit within 90 days after the date of death, the executor or personal representative of the deceased’s estate has the right to, provided that no family members have expressly indicated that they do not want to file a wrongful death lawsuit.
Furthermore, it’s important to understand that a wrongful death claim is not the same thing as a criminal prosecution. A criminal conviction can lead to incarceration and even capital punishment, and may involve restitution, whereas a wrongful death lawsuit seeks only damages—monetary compensation for any losses related the wrongful death.
How Are Accidental or Wrongful Deaths Most Often Caused in Houston?
Wrongful death is typically the result of negligence, and can be based on any type of accident, including:
- Motor vehicle accidents—Wrecks involving cars, trucks, motorcycles and mass transit vehicles
- Slips, trips and falls—Tumbles or spills on wet or slippery surfaces, broken stairs or sidewalks, defective or damaged carpet, or on linoleum or other flooring
- Construction site injuries, such as falls from heights, falling objects, work-related motor vehicle accidents, exposure to toxic substances, and the malfunction of or exposure to dangerous or defective tools, machinery
- Workplace accidents, including explosions, motor vehicle accidents, slips and falls, and large equipment or machinery mishaps
- Dangerous or defective products, including appliances, motor vehicles or parts, toys, clothing, tools, sporting equipment and other products
Can Anyone File a Wrongful Death Claim in Texas?
No. Texas law identifies the specific parties who will have the legal right to file a wrongful death claim. That includes the surviving spouse, as well as any child or parent of the deceased. As mentioned previously, the executor or personal representative of the deceased’s estate may also seek file a claim after a wrongful death, but only if the spouse, children and parents fail to file a complaint within three months of death.
How Much Time Do You Have to File a Wrongful Death Action in Texas?
The Texas statute of limitations on personal injury claims, which includes wrongful death lawsuits, requires that any legal proceeding be initiated within two years of the date of death.
Is a Wrongful Death Claim the Same Thing as a Survival Action?
No. Under Texas law, a wrongful death lawsuit differs from a “survivor action.” In a survival action, the heirs, legal representative or estate of a deceased person have the legal right to file a personal injury claim on behalf of the decedent, as if he or she were still alive, recovering damages for:
- Funeral and burial expenses
- Any unreimbursed medical expenses incurred because of the accident, but before death
- Any property damage resulting from the accident
- Lost wages or income caused by the injuries before death
Can You Recover Insurance Death Benefits after an Accidental or Wrongful Death in Houston?
Yes. As a general rule, life insurance policies pay out death benefits in the event of an accidental or wrongful death.
What Kinds of Losses Are Covered in a Wrongful Death Lawsuit?
In Texas, the following types of compensation are available in an accidental death claim:
- The loss of financial support that the decedent would have provided
- The costs of all funeral and burial expenses
- The loss of care, support, services, advice and counsel that the decedent would have provided
- Compensation for any mental pain, anguish or other suffering of surviving family members
- Any lost inheritance, including amounts the decedent would likely have saved, had he or she survived
- Compensation for the loss of love, comfort, companionship, consortium and society of the decedent
Trust Our Skilled Wrongful Death Attorneys | Contact Us for a Free Consultation
At the law offices of Bailey and Galyen, with offices throughout Texas, we are dedicated to ensuring your total satisfaction with our services. You can call us at 281-771-1725 anytime, 24 hours a day, seven days a week. Appointments can also be scheduled online. We are happy to meet with you evenings or weekends, if necessary, and can travel for an appointment, upon request.
We handle all wrongful death lawsuits on a contingency basis. We will only charge attorney fees if we recover compensation for the death of your loved one.
Bailey & Galyen Attorneys at Law
18333 North Egret Bay Boulevard, Suite 333
Houston, TX 77058
281-771-1725
