Fatal Crashes & Wrongful Death Claims
Houston wrongful death lawyer for families who lost someone in a crash
Chapter 1
Who can bring a wrongful death claim in Texas
Texas law decides who may bring the claim and who it is for. Knowing this early helps a family decide together how to move forward.
- The surviving spouse, children and parents. The claim is for their benefit. Adult children and the parents of an adult who died are included.
- One family member can bring it for all of them. One or more of them may file on behalf of everyone entitled to recover, so the family does not need separate lawsuits.
- After three months, the estate steps in. If none of them has filed within three calendar months of the death, the executor or administrator of the estate must bring the claim, unless all of them ask that it not be brought.
- Brothers, sisters and grandparents can't bring a wrongful death claim. Their loss is real, but Texas does not include them. The estate's own claim, explained below, may still benefit them under a will or Texas inheritance law.
If you lost someone in a crash recently
WHAT MATTERS IN THE FIRST FEW WEEKS
Take the time you need, but know the deadline
Grieving comes first. In Texas a wrongful death lawsuit generally has to be filed within two years of the death, and evidence from the crash fades much sooner.
Don't give a statement or sign anything
An insurer may call the family early, sometimes with an offer. You don't have to talk to them, and a signed release can end your family's claim.
Keep the papers together
The death certificate, the crash report, medical and funeral bills, and anything an insurer sends. Allen can gather the rest.
Chapter 2
Two claims: the family's and the estate's
When a crash takes someone's life, Texas law usually allows two separate claims, and a family's lawyer pursues both.
- The wrongful death claim. For the losses of the spouse, children and parents: the support, care and guidance they would have received, and the grief and loss of companionship they live with.
- The survival claim. The claim the person who died would have had for injuries before death, brought by the estate: medical bills, lost earnings and conscious pain before death, and funeral costs if they aren't recovered in the family's claim. Money recovered goes to the estate and is distributed under the will or Texas inheritance law.
The two claims are usually brought together in one lawsuit. Which family members receive what depends on the claim and, for the estate, on the will or Texas inheritance law.
Chapter 3
What a family can recover
No amount of money replaces a person. These are the losses Texas law recognizes, when the evidence supports them.
- Lost financial support. The income and benefits the person would have provided over their lifetime.
- Lost care, guidance and household services. What a parent, spouse or child gave the family that now has to be replaced or done without.
- Loss of companionship and society. The love, comfort and relationship the family lost.
- Mental anguish. The grief and emotional pain of the surviving spouse, children and parents.
- Lost inheritance. What the person would likely have saved and left to the family.
- Medical and funeral expenses. Usually recovered through the estate's survival claim; funeral costs can't be recovered twice.
- Exemplary damages when the conduct was gross negligence. For example, a drunk or reckless driver. In the family's claim these go to the spouse and children, not parents, though parents can share in exemplary damages the estate recovers. Texas caps them in most cases; certain felonies, such as intoxication manslaughter, can lift the cap.
Chapter 4
Deadlines in a Texas wrongful death case
Families should not have to think about deadlines while grieving, which is one reason to have a lawyer watch them for you.
- Two years to file suit. A wrongful death lawsuit generally has to be filed within two years of the death.
- Three months for the family to act first. After that, the estate's executor or administrator is required to bring the claim, unless the whole family asks that it not be brought.
- Much shorter notice for government vehicles and roads. If a city, county or state vehicle or road was involved, written notice can be due within months.
- Evidence fades long before any deadline. Camera footage, vehicle data and witness memories are lost in days or weeks, so early preservation letters matter.
Chapter 5
When there is also a criminal case
A fatal crash may lead to criminal charges against the driver, such as intoxication manslaughter. The family's civil claim is separate.
- The two cases move on their own. A criminal case punishes the driver. The civil claim is how the family is compensated.
- The proof required is different. A civil case does not depend on a criminal conviction, and it can succeed even if charges are never filed.
- The criminal file can help. Police investigation, crash reconstruction and test results often become evidence in the civil case.
Chapter 6
What Texas law says
- 2 yearsDeadline to file suit
- Generally two years from the date of death. Claims involving a government vehicle or road can require written notice much sooner.
- 3 monthsThe family files first
- The spouse, children or parents may file. If none has within three months, the executor or administrator must, unless all of them ask that it not be brought.
- 51%Shared fault
- The family can recover as long as the person who died was not more than 50 percent at fault, and the award is reduced by that share.
- CappedExemplary damages
- When gross negligence is proven by clear and convincing evidence, generally capped at the greater of $200,000 or twice the economic damages plus up to $750,000 of noneconomic damages. Certain felonies, such as intoxication manslaughter, can lift the cap.
Chapter 7
How Allen works with families
A wrongful death case is handled differently from any other. Allen keeps the work off your family's shoulders.
- One conversation at a time, at your pace. Allen talks with the family himself and explains what happens next in plain words.
- The evidence secured right away. Preservation letters for camera footage, vehicle data and records, and the crash investigation gathered before it is lost.
- Every responsible party and policy found. The driver, any employer or company, and all available insurance, including the family's own uninsured and underinsured motorist coverage.
- All insurer contact goes through Allen. No one in your family has to talk to an adjuster.
- Both claims brought together. The family's wrongful death claim and the estate's survival claim, so nothing is left behind.
- Negotiation with a lawsuit ready. If a fair offer doesn't come, Allen files suit and tells the family what to expect at each step.
Questions
Houston wrongful death questions, answered
What is a wrongful death claim?
A civil claim brought when a person dies because of someone else's wrongful act, carelessness or unsafe conduct. In Texas it allows the surviving spouse, children and parents to recover for the losses the death caused them. It is separate from any criminal case against the driver.
Who can sue for wrongful death in Texas?
The surviving spouse, children and parents. One or more of them may bring the claim for all of them. If none has filed within three calendar months of the death, the executor or administrator of the estate must bring it, unless all of them ask that it not be brought. Brothers, sisters and grandparents cannot bring a wrongful death claim.
How long do we have to file a wrongful death lawsuit in Texas?
Generally, a lawsuit must be filed within two years of the date of death. If the person died long after the crash, a claim that had already run out during their lifetime isn't revived. Claims involving a government vehicle or road can require written notice much sooner. Evidence from the crash fades long before the deadline, so it helps to talk with a lawyer early even if the family isn't ready to decide anything.
Does the driver have to be convicted for us to have a claim?
No. The civil claim is separate from any criminal case. It can go forward whether or not charges are filed, and evidence from the criminal investigation can help it.
Are wrongful death settlements taxable?
Generally, money received for personal physical injuries or physical sickness, including in wrongful death cases, is not taxed as income under federal law, but exemplary damages and interest usually are. Every family's situation is different, so talk with a tax professional before relying on this.
How much does a Houston wrongful death lawyer cost?
Nothing up front. Mousavi & Associates works on a contingency fee: the attorney's fee is a percentage of the money recovered for the family. If there is no recovery, the family owes no attorney's fees and no case expenses. Allen walks you through the written agreement before you sign.
How much is a wrongful death case worth?
It depends on the person's age, earnings and role in the family, how fault is shared and how much insurance is available. No lawyer can honestly promise a number at the start. What Allen can do is find every source of insurance and document every loss the family has suffered.
"I was in a really bad accident this past January. My car was totaled. I was not at fault. Mr Mousavi took my case and worked diligently on my behalf. The insurance company of the other party wanted to settle way less than what the policy allowed. He advised me not settle but to be steadfast. He informed me that we will have to do go court and it can take from 12 to 18 months to settle. Well it only took 8 months! He really fought for me! We did not have to go to court after all! And I received the maximum amount that was owed to me. He was always professional, honest and always always returned my calls or texts. Highly recommend Mousavi and Associates. You will not be disappointed! He will fight for you!"
"When a family member was badly injured in a car accident, Allen Mousavi was an incredible help throughout our case. From the very beginning, he was compassionate, professional, and always kept us informed without us having to constantly reach out for updates. He handled our case efficiently and fought hard to make sure we received the compensation our family deserved. During such a difficult time, it meant so much to have someone we could trust who genuinely cared about our situation. We truly appreciate everything Allen did for us and couldn’t be more grateful for his dedication and support. I highly recommend him to anyone who needs an attorney who will stand by you and get results. We’ll definitely be recommending him to our friends and family. Thank you again, Allen!"
"I highly recommend Mousavi & Associates, Allan Mousavi. He handled my son’s accident case with exceptional professionalism from beginning to end. He was knowledgeable, responsive, and always kept us informed so we fully understood each step of the process. Everything was managed smoothly and efficiently, which gave our family real peace of mind during a difficult time. I’m truly grateful for his dedication, honesty, and the respectful way he treated us throughout the case. Thank you, Allan, for your outstanding work and support."
Lost someone in a Houston crash?
YOUR FAMILY SHOULDN'T HAVE TO CARRY THIS ALONE.
Nothing makes up for losing someone. A wrongful death claim holds the people responsible to account and protects your family's future while you grieve. Allen Mousavi talks with you himself, at your pace, and handles the claim so your family doesn't have to. The case review is free, and you owe no attorney's fee unless we recover money for your family.
Allen Mousavi, Attorney at LawFounder, Mousavi & Associates · Houston, Texas
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