Have you recently lost a loved one in a fatal accident in Texas? If someone else was to blame, you could receive compensation for your suffering, loss of companionship, and lost family income.
Ellzey & Associates, PLLC has years of experience handling complex cases with great success. Since 2010, our Texas wrongful death lawyers have been fighting tirelessly on behalf of people who deserve compensation for their losses. We’ve recovered tens of millions of dollars for victims who have been wronged by the carelessness of others.
We know that no amount of money can make up for the loss of a family member. But financial security can help ease your stress about surviving the future without your loved one. Call our Houston, TX law office today to learn more about your legal options. We offer free consultations, so call now.
How Ellzey & Associates, PLLC Can Help After an Accident in Houston
While you’re grieving, we know you’ll find it difficult to think about the circumstances that caused your family member’s death. You shouldn’t have to go it alone, and you don’t have to.
When you hire us, our compassionate lawyers will:
- Conduct a thorough investigation to determine the cause of your loved one’s death
- Identify, locate, and interview witnesses
- Collect all evidence to build a solid case to bring your family justice
- Hire experts to help support the cause of death, estimate the full extent of future financial losses, and validate the extent of your mental and emotional anguish
- Negotiate for a full and fair settlement
- Fight for you at trial if necessary
We believe individuals—not just big companies—deserve premier legal representation. And you won’t sacrifice expertise and big results when you hire our small, personal firm.
Our legal team has been recognized by their peers and clients repeatedly for their professional achievements and client service.
Our Houston personal injury lawyers have been honored with such distinctions as:
- Texas Super Lawyer (every year since 2014)
- Texas Verdicts Hall of Fame Honoree
- Texas Bar Foundation Fellow (only ⅓ of 1% of Texas lawyers are selected)
- American Board of Trial Advocates (top 1% of all attorneys nationwide)
You deserve top-rated lawyers on your side. Call to set up your free consultation to tell us your story. We’ll let you know how we can help.
How Do I Know if I Have a Wrongful Death Case?
If a spouse, child, or parent was killed because of someone’s negligence, then you could have a wrongful death case. Texas law is complex for these cases, so you need an experienced trial lawyer who knows how to handle them.
Wrongful death cases can arise from:
- Car accidents
- Bicycle accidents
- Medical malpractice
- Defective products
- Birth injuries
- Workplace accidents
- Slip and falls and other premises liability accidents
- Boating accidents
- And more
The best way to know if you have a case is to consult a Houston wrongful death attorney as soon as possible after the loss of your loved one. We know it’s an unbearable time for you, but there are important deadlines that you can’t miss.
We will handle every aspect of your case from beginning to end. Once you let us get started, you can put your mind at ease knowing that we’re fighting for justice for your family.
What is My Wrongful Death Case Worth?
We wish we could give you a definite answer. The truth is, no two cases are alike. Not even for the same types of accidents.
Compensation in wrongful death cases is different from other personal injury cases because most financial calculations are for future losses. That’s why it’s so important to have our skilled legal team on your side. We make sure to build (and fight for) a realistic, fair assessment of the financial impact of the loss of your loved one.
Some of the factors that will generally affect the value of your case:
- The nature of the accident or cause of death
- The financial effect on the victim’s family
- The age and life expectancy of the victim at the time of the accident
- Nature of the victim’s family responsibilities/contributions
- Life expectancy of survivors
- Whether survivors include minor children
- Whether the victim was at fault for the accident or injury that caused their death
We’ll put all of our resources towards fighting for you to get the full compensation you deserve.
What Kind of Damages Are Available After Fatal Accidents?
It’s important to understand that there are two possible causes of action that may be available to you after losing a loved one. Your lawsuit might include one or both claims.
Wrongful Death Action
This type of lawsuit allows a surviving spouse, child, or parent of a victim to recover compensation for the impact on their lives due to the loss of their family member.
You can recover damages related to your financial losses (called economic damages). You can also be compensated for the emotional trauma caused by the loss of your family member (called non-economic damages).
Economic damages can include:
- Value of future lost wages based on victim’s projected lifetime income
- Value of lost inheritance
- Cost associated with additional household support services
An accurate projection is essential to make sure your compensation is fair.
Non-economic damages are less tangible and compensate you for:
- Psychological distress
- Loss of companionship
- Loss of support/family services
These are more subjective, but equally important as they represent the devastation caused by the loss of your loved one.
Exemplary damages could be available in rare cases. These aren’t to compensate you for your losses, but are instead imposed to punish the defendant for intentional or grossly negligent conduct.
Under Texas law, a person’s estate or heirs can sue on behalf of the victim to recover compensation that would have been available to the victim in a personal injury lawsuit had they survived.
Compensation may cover things like:
- Medical expenses from the time of the accident or injury until the victim’s death
- Lost wages based on the victim’s expected earnings after the accident and before death
- Pain and suffering that the victim endured as a result of the injury
Proceeds would be distributed as directed in the deceased’s will (or by statute, if there was no will).
We’ll advise you on the best course of action depending on the specifics of your case.
Can I Still Sue for Damages If the Defendant Blames My Loved One for the Accident?
It’s possible. Texas law allows recovery to those who share less than 51% of the blame for an accident. This is why it’s important to have a lawyer with the knowledge and experience to fight back aggressively against unfair blame.
Insurance companies and at-fault parties are known for blaming the victim. It’s reprehensible when they do so in a situation where someone has lost their life.
Our lead attorney has prior experience and training at a premier defense firm. Long ago, he switched sides and knew he wanted to fight for individuals who needed help leveling the playing field against big insurance. But you’ll benefit from his knowledge of the tactics they use.
How Do I Prove a Wrongful Death Case?
Whether you are filing a wrongful death or survival action, your case will most likely be based on proving that the defendant’s negligence caused your loved one’s death.
To prove negligence, you must prove:
- Duty: the defendant owed the victim a duty of care
- Breach: the defendant breached that duty
- Causation: the defendant’s breach of duty caused the victim’s death
- Damages: you suffered damages as a result
You must prove each element by a preponderance of the evidence. This means you have to show it was more likely than not that each element weighs in your favor.
Our Houston personal injury attorneys are highly trained in all stages of wrongful death litigation. Strategic pre-trial arguments and negotiations are critical to setting the tone for your case and putting you in the best position for a favorable outcome. We have an outstanding track record in and out of the courtroom.
How Long Do I Have to File a Lawsuit After a Fatal Accident in Texas?
Most likely, two years. That’s the statute of limitations for wrongful death lawsuits in Texas. These cases can be extremely complicated. Deadlines may vary depending on the circumstances of your particular case. The details are important.
We urge you to contact our Houston wrongful death attorneys as soon as possible so that you’ll have the full array of legal options available to you.
We know this is an unimaginable time for you. The sooner we can start fighting your battle, the sooner you can take the much-needed time you need to grieve.
Contact Our Houston Wrongful Death Lawyers For a Free Consultation
Your life is forever changed after the loss of a loved one. We’ve helped hundreds of clients through some of the most difficult times of their lives. And we’ve recovered more than $23 million for victims in the process.
Ellzey & Associates, PLLC serves as trial lawyers for real people just like you because we genuinely want to help. Call our Houston wrongful death lawyers today so we can get started on your case.
Consultations are always free.