Houston Wrongful Death Attorneys
Compassionate legal help after the loss of a loved one in Texas
One of the greatest tragedies in life is the loss of a loved one, especially a close family member. Losing them to a preventable accident is nearly unthinkable. If your loved one has passed away due to the fault of someone else, having an attorney on your side can help relieve some of the burden. We understand that no legal action can undo what happened. However, we can work with you to achieve justice to the fullest extent possible, and that the responsible parties are held fully accountable.
The Kishinevsky Law Firm is here to help. Our personal injury law firm serves the greater Houston area and has the resources to investigate your wrongful death claim, assign fault, and work to secure fair and proper compensation. If you have suffered the death of a loved one due to the fault of someone else, talk to us about your next steps and how we can help you can move forward after this tragic loss.
Your questions, answered
- What is wrongful death?
- What is the difference between a survival action and a wrongful death action?
- What are the most common types of Houston wrongful death claims?
- How long do I have to bring a Houston wrongful death claim?
- Is there a wrongful death attorney near me?
What is wrongful death?
In the eyes of the law, wrongful death is the loss of life that results from another party’s negligence, recklessness, or intentional act. It’s a civil action taken by the survivors of the deceased – generally the spouse, children, or parents of the deceased. Remember, a wrongful death claim is different and separate from any criminal trial the state may take against the person responsible for the death of your loved one. Civil trials have a lower burden of proof, and the verdict of one case won’t affect the other. Our Houston attorneys are happy to explain the ins and outs at your free consultation.
What is the difference between a survival action and a wrongful death action?
To understand the legal remedies that may be available if you have experienced the death of a loved one, it is important to understand survival actions, wrongful death actions, and the differences between the two.
Texas survival actions
A survival action is an action brought on the behalf of a deceased individual by a personal representative of the deceased’s estate or the deceased’s heir. Survival action damages belong to the estate of the deceased. A survival action is called this because the legal claim being made on behalf of the injured person keeps going even though the injured person has passed away.
For example, if someone is killed in a car crash where the other driver ran a red light, the representative(s) of the deceased’s estate (or the deceased’s heirs) could bring claims for negligence, negligence per se, and possibly gross negligence, against the at-fault driver and any other responsible parties on behalf of the deceased individual.
The specific amount of compensation available in a survival action, like any personal injury claim, depends on the circumstances involved in the accident that caused your loved one’s fatal injuries. Our Houston attorneys work to recover the following:
- Your loved one’s medical expenses
- Their pain and suffering
- Funeral and burial expenses
- Punitive damages, if applicable
- Court costs
The Houston attorneys at Kishinevsky Law Firm can explain more at a free consultation. We want you to understand the process and how we work to help you, so you can make informed decisions about your future.
Texas wrongful death actions
A wrongful death claim, on the other hand, is a separate legal claim is available to surviving spouses, parents, and children of a deceased individual. Wrongful death actions seek damages for the injuries suffered directly by the deceased’s surviving spouse, parent, or child. Compensation from a successful wrongful death claim belong to the individual making the claim, not to the estate of the deceased.
Our Houston attorneys work to recover the following types of compensation in your wrongful death claim:
- Loss of the deceased’s earning capacity, advice, counsel, services, care, maintenance, support, and reasonable contributions
- Expenses for psychological treatment, reasonable and necessary to treat the claimant’s emotional trauma
- Mental anguish, the emotional pain, torment, and suffering that the claimant experiences from the loss of the family member
- Loss of companionship and society
- Loss of inheritance, which is defined as the present value that the deceased would, in reasonable probability, have added to the estate and left at natural death to the beneficiaries had the premature death not taken place
- Punitive damages, when applicable
- Court costs
What are the most common types of Houston wrongful death claims?
Almost any type of accident that causes serious injury can also lead to wrongful death. Here at the Kishinevsky Law Firm, our attorneys handle a variety of these types of cases, including wrongful death cases involving injuries arising from:
This isn’t an all-inclusive list of how an accident can lead to loss of life, and our Houston wrongful death attorneys can sit down with you to discuss the circumstances of your loved one’s death and how we can help you achieve closure.
How long do I have to bring a Houston wrongful death claim?
In the tragic case you have lost a loved one to a preventable accident, you only have a limited amount of time to bring a legal claim. Here in Texas, that statute of limitations is two years, which means if you don’t file your claim within that period, you will likely lose eligibility to claim compensation for your losses. This is why it’s so important to get in touch with experienced counsel as soon as possible so we can begin building a strong case while evidence is still fresh, and so you can take this time to spend with your family with little interruption.
Is there a wrongful death attorney near me?
You can find The Kishinevsky Law firm at 13831 Northwest Fwy., Suite 312, in Houston. We offer plenty of parking. There’s also a bus stop right in front of our building. If you are too injured or disabled to come to us, we can come to your home, hospital, rehabilitation center, or set up a conference via telephone or Zoom. You can count on us.
Our Houston wrongful death lawyers can help
Losing a loved one is a terrible tragedy; when it happens due to a negligent act, you deserve justice and accountability. The wrongful death attorneys at the Kishinevsky Law Firm work with families to secure financial compensation for their damages and losses. Even though we know nothing can bring back your loved one, we want to help hold the responsible party accountable and set up a more stable future for your family. Our consultations are always free. To set up a meeting with a compassionate attorney, call 832-529-1111 or fill out our contact form.