Wrongful Death Attorney

The most significant advantage of hiring a wrongful death lawyer is that they will protect your rights when handling insurance companies while simultaneously arming you with knowledge of how to pursue an adequate settlement or civil award. Your focus should be on your emotional and financial recovery, not spent fighting with insurance companies over the details of your loved one’s death. An attorney also provides:

• Extensive Knowledge of Texas Wrongful Death Laws: Lawyers who focus on wrongful death claims have deep insight and knowledge into the particular laws involved. Our team has handled numerous wrongful death cases on behalf of clients located throughout the Greater Houston Area, and we have a strong track record of success.
• The Resources to Fight for the Award You Deserve: Not only do wrongful death cases require a strong command of the law, but trying to navigate the process alone is also a challenge, as these cases require considerable financial and expert-level resources. When you hire our firm to represent you, we will perform the necessary work at no upfront cost to you.
• Understanding Of the Value of Your Case: The experience of the wrongful death lawyer you select is essential, since he or she will provide his or her opinion regarding the value of your case. Our team can determine what your case is worth and then work to recover the full value you are owed during negotiation discussions or litigation proceedings.
• Personalized Legal Care and Support: The Law Offices of Omar Khawaja, PLLC is ready to be a legal shoulder you can lean on when you need support and care. We know that there is nothing more difficult than losing a loved one, which is why we will honor this aspect of your life and provide you with the personalized counsel you need to move forward. We will also remain focused on your case’s legal aspects so that you have someone with a clear head representing your case to insurance companies.
• The Willingness To Fight In Court: The majority of wrongful cases never enter a courtroom. However, there are certain cases in which litigation becomes necessary. Instead of accepting a subpar settlement, our attorneys are not afraid to take your case to civil trial and argue your case’s merits and facts before a judge or jury. Our legal team will never back down in the face of justice without a fair fight. We always have your and your family members’ best interests in mind throughout the entire claims process.
• No Advance Attorneys’ Fees: Your family does not have to worry about affording quality legal representation after a loved one’s death. At The Law Offices of Omar Khawaja, PLLC, we take cases on a contingency fee agreement. As such, we will not request any form of payment in advance, and our firm only gets paid when you win your case. In the unlikely event that we do not collect a settlement or verdict on your behalf, you owe us nothing.

When you hire a wrongful death attorney from The Law Offices of Omar Khawaja, PLLC, you have someone you can rely on every step of the way. With past experience as a prosecutor, our founding attorney, Omar Khawaja, is a skilled and aggressive litigator. He and our entire team are ready to tirelessly pursue the justice you and your family deserve.

The state of Texas defines “wrongful death” as the death of an individual or failure of a fetus to be born alive due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. This includes acts of negligence, misconduct, and malpractice, as well as negligent omissions.

Wrongful death cases arise from all types of accidents and events, including but not limited to:

• Amusement park accidents
• Aviation accidents 
• Bicycle accidents 
• Car accidents 
• Construction accidents 
• Cruise ship accidents
• Dog bites and attacks 
• Drunk driving accidents 
• Electric scooter accidents
• Equipment failures 
• Fires and explosions
• Maritime injuries 
• Motorcycle accidents 
• Music festival accidents
• Pedestrian accidents 
• Product defects 
• Slip and falls accidents 
• Swimming pool accidents 
• Truck accidents 
• Uber and Lyft accidents 
• Unsafe premises 

At The Law Offices of Omar Khawaja, PLLC, we represent families who have lost loved ones due to all types of tragedies. Our attorneys have extensive experience successfully navigating Texas’s wrongful death laws and know how to effectively advocate for your rights.

We can assist you in English, Spanish, Urdu, or Arabic, and your initial consultation is completely free.

In order to succeed in a wrongful death lawsuit, the plaintiff or injured party must prove the following elements:

• Duty of Care: The plaintiff must establish that the defendant owed a duty of care to the deceased person. For example, a doctor owes a duty of care to their patients, a driver owes a duty of care to others on the road, etc.
• Breach of Duty: It must be shown that the defendant breached the duty of care owed to the deceased. This means the defendant failed to uphold the standard of care expected in similar circumstances.
• Causation: The plaintiff must prove that the defendant’s breach of duty was the direct cause of the deceased person’s death. In legal terms, this is often broken down into two components:
• Cause in Fact: The defendant’s actions were a substantial factor in bringing about the death.
• Proximate Cause: The defendant’s actions were closely related to the death without any unforeseeable intervening events breaking the chain of causation.
• Damages: The plaintiff must demonstrate that they suffered measurable damages as a result of the death. This could include financial losses such as funeral expenses, loss of income, and loss of companionship, as well as emotional pain and suffering.

Personal injury lawsuits and wrongful death lawsuits are both legal actions that involve seeking compensation for harm caused by someone else’s actions or negligence. However, there are some key differences between the two.

Personal injury lawsuits are filed by individuals who have sustained injuries or damages due to the negligence or intentional actions of another party. The injured party, known as the plaintiff, seeks compensation for their injuries, medical expenses, lost wages, pain and suffering, and other damages.

Wrongful death lawsuits, on the other hand, are filed on behalf of a deceased person by their surviving family members or representatives. These lawsuits are brought when a person’s death is caused by the negligence, recklessness, or wrongful act of another party. The purpose is to seek compensation for the losses suffered by the deceased person’s family, such as funeral expenses, loss of financial support, loss of companionship, and emotional distress.

In Texas, there are a few ways in which you can pursue a claim for your emotional and financial losses after the death of a loved one.

These include claims under the following laws:

• Wrongful Death Act: Under the Wrongful Death Act, the surviving family member pursues compensation for financial damages related to the losses experienced as a result of the decedent no longer being alive.
• Texas Survival Statute: Survival actions are provided under the Texas Survival Statute. The law permits your family member’s estate to file a wrongful death claim on behalf of him or her. All proceeds from survival claims are distributed to heirs.

Since there are numerous legal routes you can take, and each one carries legal implications, it is important that you speak with a Houston wrongful death lawyer to fully understand your options. Our team will work to uncover all of the opportunities available to your family, as well as execute a strategy designed to protect your rights.

In Texas, only certain surviving family members may file a wrongful death claim, including the decedent’s surviving:

• Spouse
• Children
• Parents

These individuals are granted priority in the first three months following the date of death. If no claim is brought within three months, the personal representative or administrator of the decedent’s estate may file a claim unless all eligible family members specifically request that no such claim be brought.

Although these individuals are the only ones permitted by Texas law to file the wrongful death claim, they may do so on behalf of other eligible individuals who are entitled to wrongful death damages. Depending on the specific details of the situation, numerous dependents, heirs, and family members could legally be allowed to recover compensation after the wrongful death of a loved one in Texas.

Like other personal injury claims, wrongful death cases are subject to a statute of limitations, or filing deadline. If you miss this deadline, meaning you do not file a wrongful death claim in court before the statute of limitations expires, you will almost certainly lose your right to pursue compensation.

In Texas, the statute of limitations on nearly all wrongful death lawsuits is two years from the date of death. In other words, you have just two years from the date on which your loved one passed away to file a wrongful death claim in court.

While this may seem like a long time, investigating the cause of the incident and putting together evidence can take months. Furthermore, negotiating with the insurance company can also be a timely process, meaning those two years can fly by.

We encourage you to reach out to our Houston wrongful death lawyers as soon as possible so that we can immediately begin building your case.