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Wrongful Death

Houston Wronful Death Attorney

The death of a family member is always difficult. Often the last thing you want to think about is grappling with the legal system to see that some sort of justice is realized. Finding the best attorney in Houston to handle wrongful death claim is an important first step for your family, especially if your family member’s death was caused by negligence of another person.

We are truly sorry for your loss. We promise that Kirkpatrick Law will compassionately communicate with you about your rights and what your family may be entitled to in the wrongful death of your loved one. Nothing will ever make up for the loss of your loved one. However, a wrongful death lawsuit can ensure that the negligent parties are held accountable. Actions that you take in that regard will also help protect others from being injured or killed from the same dangerous conduct in the future.


Why Hire an Attorney After a Fatal Accident?

We understand that coping with a death is difficult under any circumstances. The last thing on your mind might be trying to hire an attorney. Yet, that is what you should immediately consider. Retaining a lawyer to handle a wrongful death allows your attorney to investigate the accident and preserve evidence. Lawyers need to hire investigators and other expert witnesses to nail down the facts as soon as possible. This allows them to fully understand the case and fight for the compensation you deserve.

Let us handle the legal aspects of the case so you can focus on being with your family and moving forward. We know that holding the negligent person or party accountable for wrongful actions won’t ease your pain. However, it can alleviate the stress of funeral costs, lost wages and support, unpaid medical bills, and other unexpected expenses.

What Does “Wrongful Death ” Mean?

A wrongful death case occurs when a victim dies due to negligence or misconduct of another person or entity. A wrongful death can be the result of several types of accidents or events. The most common wrongful death cases stem from vehicle accidents and construction accidents. Yet, deaths resulting from defective products and dangerous premises are common as well. A wrongful death lawsuit allows the victim’s survivors to recover monetary damages for the negligence or misconduct that caused your loved one’s death, even if the death was unintentional. It is the responsibility of the wrongful defendant to provide compensation to the victim’s survivors in wrongful death cases.

Potential causes and types of wrongful death cases:

Car Accidents

Distracted drivers, impaired drivers, road construction and pedestrian fatalities are among the leading causes of death in America. These are the most common causes of a wrongful death lawsuit.  If your loved one was involved in a car accident give us a call today.


Truck Accidents

Truck accidents are not only the deadliest kind of crashes, but they also commonly result in complex legal cases. Those involved in a Truck accident need experienced legal counsel. This is a very unique field of the law. You need an attorney to fully protect your family’s legal rights.


Medical Malpractice

When medical professionals fail to provide the required level of care resulting in the death of a patient, the family may seek to recover damages in a wrongful death lawsuit.  This lawsuit is based on the facts that indicate a possible prescription error, misdiagnosis, emergency room error, surgical injury, misdiagnosis or delayed diagnosis or even medical equipment malfunction.

Workplace Injuries

Any death that occurs in the workplace as a result of company negligence can be the basis of a wrongful death lawsuit. These lawsuits are generally due to unsafe work environments, explosions, faulty equipment, or improper training and machine related incidents. Under certain circumstances surviving family members may seek financial recovery that goes beyond what workers’ compensation benefits provide. 

Motorcycle Accidents

Family members of bikers killed due to another motorists’ negligence can act to recoup damages discussed below that are related to the accident. Contacting a motorcycle accident attorney is the first step to protecting your financial future.

Defective Products

A design defect is a condition that makes the product unreasonably dangerous, considering the use of the product and the risks of its use.  To prevail on a design defect claim, the plaintiffs must show a safer alternative design.  Wrongful death cases involving dangerous products are complex and always require an experienced attorney.

What damages are available in wrongful death cases?

When a spouse, parent, or any family member is tragically killed, the decedent’s family is often left with expenses and little or no income to pay them.  This is especially true if the deceased was the main financial support. This causes bills to pile up such as the mortgage, childcare, living expenses and other debts.

A wrongful death suit is often the only way families can hold at-fault parties responsible. Additionally, it helps ensure the family that they are able to move forward financially in their loved one’s absence.

Under Texas law, victims are entitled to recover economic and “non-economic damages,” which include the following:

  • Loss of past and future income
  • Past and future household services and assistance
  • Mental anguish and emotional distress
  • Loss of society, companionship, and consortium
  • Loss of inheritance

Questions That Are Most Often Asked

Which relatives are allowed to sue after a fatal accident?

In Texas, generally, the spouse, parents, and children of the deceased are allowed to sue. It is wise for any family member of a person who has been injured or killed to contact a lawyer immediately. Your attorney can evaluate the incident and determine which family members may be entitled to compensation. To speak with an attorney now call 713-893-0305

How is the value of a wrongful death case established?

While it is impossible to place a monetary value on the life of a loved one, nevertheless, the law does allow for certain damages for the loss of a loved one. For a free consultation with Houston’s wrongful death lawyer, contact us today and we will explain the legal recovery process.

What wrongful death damages can you get?

There are two actions surviving family members may be able to pursue after an individual’s death.

Survival actions can recover damages where the loved one survived the accident and later passed away from his injuries.  These cases address compensation such as pain and mental anguish, medical expenses, and funeral and burial expenses.

Wrongful death cases are claims family members bring for their personal loss from the death of their loved one.  Some examples of wrongful death damages include: 

  • Pecuniary losses – These are the losses family members endure such as loss of care, maintenance, support, services, advice, counsel, and any contribution that the family member, in reasonable probability, would have received from the decedent.
  • Loss of inheritance – This is the present value of assets the decedent would have left to a family member as part of his or her estate if they hadn’t died.
  • Loss of companionship and society – This refers to the family losing love, comfort, and companionship because of death.
  • Mental anguish – This refers to the emotional pain and suffering a family member experiences because of the death of a loved one.
How is a survival claim different from a wrongful death claim?

A wrongful death lawsuit’s purpose is to hold the negligent party accountable. As well as to prevent the same dangerous conduct from injuring or killing others in the future. Additionally, it compensates the surviving family members for emotional suffering and financial losses. 

A survival action, on the other hand, is a claim filed by the surviving family members to recover damages for any pain and suffering the decedent suffered in the minutes, hours, or days leading up to his or her death. 

The damages that are recovered through a survival action belong to the decedent’s estate and will be divided up among family members in accordance with probate laws.

When there is evidence that the decedent suffered and experienced pain before they passed away, Eric Kirkpatrick will always file a claim to ensure that the surviving family members receive through the estate of the deceased the maximum compensation available.

Kirkpatrick Law Is By Your Side

When a loved one is lost, there is not enough compensation in the world to make up for the pain and suffering that takes place. Wrongful death claims are often complex and require careful investigation to ensure surviving family members receive fair compensation.

Eric Kirkpatrick can be your guide through this difficult process. The law firm will be by your side every step of the way. He will aggressively pursue compensation for you. The goal of a wrongful death lawyer is to protect your rights and ensure that your family gets the compensation that you deserve.