Houston Wrongful Death Lawyer - Joel A. Gordon

A wrongful death is generally defined as a death caused by another person or entity’s negligence, carelessness, or intentional act. In simple terms, if the person who died could have filed a personal injury lawsuit against the responsible party had they survived, then it is likely a wrongful death situation. For example, fatalities from car accidents, truck crashes, workplace accidents, medical malpractice incidents, or violent crimes can all be considered wrongful deaths if another party’s actions or negligence caused the tragedy. Essentially, it covers any situation where a life is cut short because someone failed to act responsibly or acted intentionally to harm.

In Texas, the law generally gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline is known as the statute of limitations. If you do not file your claim within two years, you will most likely lose your right to seek any compensation for that wrongful death. There are a few rare exceptions that might extend the time (for instance, if the negligence was not discovered until later, or if a minor child is one of the claimants, the clock for that child might pause until they reach adulthood). However, these exceptions are uncommon, and it is safest to assume the two year limit applies. To protect your rights, you should speak with a Houston wrongful death lawyer as soon as possible so your Texas fatal accident lawsuit can be filed on time.

If the person responsible for your loved one’s death is also facing criminal charges (for example, a drunk driver charged with vehicular manslaughter), it does not prevent you from filing a civil wrongful death claim. The criminal case and the civil wrongful death case are separate processes. A criminal charge is brought by the state to punish the offender for breaking the law, whereas a wrongful death lawsuit is brought by the family to recover damages for their loss. You can pursue a wrongful death case regardless of whether the offender is found guilty or not in the criminal trial. In fact, the outcome of the criminal case does not control the civil case, since the standards of proof are different. Even if the person at fault goes to jail, your family can still file a wrongful death suit to seek financial compensation. Conversely, if the criminal court does not convict them, you still have the right to prove their responsibility in a civil court, where the threshold for proving liability is lower. An experienced Houston wrongful death lawyer can coordinate with any ongoing criminal proceedings and use evidence from that case (such as a guilty plea or conviction) to help strengthen your civil claim.