Wrongful Death Lawyer Houston

In a wrongful death case, there are four elements that should be shown to exist. These include:

1. 1. Negligence – it must be shown that the defendant’s careless, reckless, or negligent actions led to the death
2. 2. Breach of duty – the plaintiff must show that the defendant owed a duty of care to the victim
3. 3. Causation – it must be shown that the defendant broke their duty of care to the victim
4. 4. Damages – it must be shown that there are quantifiable damages (funeral costs, medical expenses, etc.)

Wrongful death damages vary case-by-case, but often include:

• – Medical expenses for the deceased’s prior to their death
• – Funeral and burial expenses for the deceased
• – Loss of the deceased’s future income
• – Loss of the deceased’s companionship and/or parental guidance
• – Loss of any inheritance for the deceased’s children
• – The pain and suffering that the deceased may have experienced before death

Yes, in addition to the wrongful death, a decedent’s family may recover damages for the pain and suffering that the decedent endured prior to death.

In Texas, families may be eligible to recover compensation for lost income, funeral and burial costs, emotional distress, loss of companionship, and the loss of household services the deceased would have provided. In some cases, punitive damages may also be awarded to punish particularly reckless behavior.

Yes. A wrongful death claim seeks compensation for the surviving family’s losses, while a survival action focuses on the damages the deceased person could have claimed if they had lived—such as pain and suffering or medical expenses prior to death. Both claims can be filed concurrently under Texas law.