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Houston Wrongful Death Attorney

Wrongful death claims are lawsuits when a loved one dies due to the negligent or intentional act of others.  It is a special type of personal injury case and relatively new concept.

Wrongful death lawsuits are different type of personal injury case since the person affected is deceased.  But if a loved one passes away due to the negligence or other, the affect they have on surviving families can be devastating.  Every state in the the country has some sort of wrongful death law.  Persons and any form of business or government can be legally at fault for negligently or intentionally causing the death of a person.  Wrongful death claims are filed by a representative on behalf of the survivors who suffered damages from the decedent’s death.

The Molina Law Firm has been representing injury victims for over 30 years helping them navigate the sometimes complex legal fight against the insurance carriers.  Remember that when you retain Attorney Rick Molina, you pay nothing up front and we only collect a percentage of the compensation you receive only when we have won your case.  Don’t go against the insurance carriers alone.  Attorney Rick Molina will aggressively represent you and fight on your behalf.  We have the knowledge, resources and experience to get you all the compensation for your loss, pain and suffering.

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We are here are ready to help.  If a loved one has died due to the negligence of others, contact us for a free case evaluation.

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Who may be sued for a wrongful death lawsuit?

Wrongful death cases can be straight-forward in cases like car accidents where the other driver is at fault for the death or it can get very complicated in cases that involve medical issues, toxic exposures and workplace accidents.  Wrongful death claims can be brought against persons, companies, organizations, governmental agencies and employees.  But even a simple car accident resulting in a death could have many entities at fault such as:

  • The other driver(s)
  • The manufacture of the vehicles if equipment failure caused the accident
  • The local government if unsafe road conditions led to the accident
  • A local bar if one of the drivers were intoxicated and driving

Wrongful death cases can get very complicated.  It is a good idea for families and loved ones to seek legal counsel in matters of wrongful death.  Attorney Rick Molina will meet with you and your loved ones and let you know if you have a good case worth pursuing.

Who may be sued for a wrongful death lawsuit?

Wrongful death can occur almost anywhere but below are the most common places or conditions that result in wrongful death:

Car accidents

Wrongful Death Statistics

Wrongful death affects many people around the loved one.  It happens more often than most people know and many times people do not know that they can be compensated for the loss of a loved one.  Here are some statistics on wrongful death:

  • In Texas, there were 3,893 fatalities in auto accidents in 2020
  • An estimated 225,000 people die each year from some form of medical malpractice, from incorrect dosages to surgical errors, to wrong diagnosis.
  • There were 5,333 fatal workplace injuries recorded in the United States in 2019.

Schedule your free consultation

We are here are ready to help.  If your loved one died as a result of negligence, contact us for a free case evaluation.

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Frequently Asked Questions

What is the difference between a civil case and a criminal case against someone who caused a death??

A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a civil case. A civil case can be filed by anyone whose private rights or civil rights have allegedly been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages, compensation for the loss suffered. A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter.

What exactly is a “wrongful death”?

Texas law (Section 71.001) states that a wrongful death occurs when the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party leads to the death of another party.

Who can file a wrongful death lawsuit?

The parents, spouse, or children, including adult children, of the deceased are eligible to file a wrongful death lawsuit. Adoptive parents can also file wrongful death cases for the loss of their adopted children, and vice versa. An experienced wrongful death attorney in Tyler, Texas, can inform you if you are eligible to start a case.

Is there a time limit to file a wrongful death lawsuit?

Texas law requires that any wrongful death lawsuit must be filed within two years of the deceased person’s death, with very few and very specific exceptions. A wrongful death lawyer in Tyler, Texas, who is well-versed in these exceptions can tell you if you qualify.

Talk to Attorney Rick Molina Today!

Wrongful death cases can be very complex with many different factors and parties involved.  It is important that you hire an experienced personal injury attorney to represent you so that they can get you compensated properly.  Attorney Rick Molina and the Molina Law Firm is here to help.  We will aggressively represent you by thoroughly investigating the case, gathering all pertinent information,  suffering and loss then maximizing your compensation.

We work on a contingency basis so you pay us nothing up front and a percentage when we win your case.  We have helped hundreds of people over the past 30 years to get back on their feet after serious injuries and we can help you!

Houston Personal Injury Attorney Rick Molina
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