Houston Wrongful Death Lawyer
Joe is one of the few Texas lawyers that is double board certified.
“No Legal Fees Until Joe Wins Your Case”
Content Reviewed by: Joe Stephens
Losing a loved one or family member is always devastating, but the situation can be made even more tragic when that loss is due to a preventable accident or the negligence of another. If someone you loved was killed due to the negligent or reckless actions of a third party, you may have the right to file a wrongful death lawsuit and seek compensation. Attorney Joe Stephens is an experienced Houston wrongful death attorney with 40 years of experience helping those who have lost a loved one seek the compensation they deserve.
As a double board-certified personal injury attorney, Joe knows how to litigate wrongful death cases in the trial court and is especially skilled in presenting such cases to the jury. His skills in the courtroom have led to many successful verdicts and settlements for wrongful death clients. Some of his most famous wrongful death victories include the Clara Harris murder trial and a $10.7 million verdict against a rogue pill mill in Houston that led to an overdose death.
If you suspect your loved one lost their life due to someone else’s negligence, contact us at (936) 282-5785 or fill out our contact form.
Table of Contents
- Hire a Houston Wrongful Death Attorney With Decades of Experience
- Why Our Houston Clients Trust Us
- What Qualifies as a Wrongful Death Claim?
- Who Can Sue for Wrongful Death in Texas?
- What Damages Can a Texas Wrongful Death Law Firm Pursue?
- What Evidence is Needed for a Wrongful Death Case in Texas?
- What Does a Wrongful Death Attorney Do?
- Let Attorney Joe Stephens Help You With Your Wrongful Death Claim
- Houston Wrongful Death FAQs
Key Takeaways:
- With 40 years of courtroom experience and double board certification, Attorney Joe Stephens has successfully handled more than 150 personal injury cases.
- From investigating your loved one’s death to hiring expert witnesses, Joe Stephens manages the details of the legal process and deals directly with insurers and corporations on your behalf.
- The types of wrongful death cases we handle include fatal car or truck accidents, medical malpractice, workplace negligence, criminal acts, defective products, and dangerous drugs.
- Spouses, children, and parents of the deceased can file for compensation covering lost income, inheritance, companionship, emotional trauma, and funeral expenses.
- The Stephens Law Firm offers a contingency fee arrangement—you pay nothing unless we win compensation for your case.
Hire a Houston Wrongful Death Attorney With Decades of Experience
Over the past 40 years, Joe Stephens has represented and counseled hundreds of individuals who have lost a loved one in a wrongful death. With hundreds of cases under his belt, Joe has garnered statewide attention from networks such as ABC, Fox, NBC, and CNN. He’s also been featured and quoted in The Houston Chronicle, The San Antonio Express, and other major publications.
As the only attorney at the firm, Joe Stephens provides individual and personalized attention for your case. We offer a no-fee guarantee, meaning you only pay if we win you compensation.
Why Our Houston Clients Trust Us
What Qualifies as a Wrongful Death Claim?
The death of a loved one is devastating for those left behind. It can be excruciating when another’s negligent or intentional act caused their death. For a fatality to be considered a wrongful death, the cause must have resulted from another’s negligent or reckless behavior. An array of incidents can fall into this category, including:
- Vehicle accidents, including trucks and motorcycles, caused by reckless driving, such as drunk driving or texting, led to fatalities.
- Lack of training, adequate supervision, or proper maintenance led to death in the workplace.
- Criminal activities such as assault and attacks resulted in the death of another.
- Malpractice by a doctor who failed to identify or adequately treat an ailment.
- Drowning caused by lack of maintenance or other negligence by another person.
- Defective products that resulted in the death of the user.
- Dangerous products or drugs that kill.
Who Can Sue for Wrongful Death in Texas?
When a loved one is killed in a wrongful death accident in Texas, the following individuals can file a lawsuit for compensation:
- A spouse
- Children
- Parents
Each of these family members has the legal right to file a wrongful death lawsuit on behalf of the deceased. A representative of the estate can seek damages such as funeral expenses, emotional trauma, and loss of consortium.
What Damages Can a Texas Wrongful Death Law Firm Pursue?
A Texas wrongful death law firm can pursue damages for clients in several ways. Texas law allows two different actions when somebody is wrongfully killed: a wrongful death action or a survival action. There are significant differences between the two actions regarding who can recover damages and what damages are available.
A wrongful death claim can be brought by family members for their personal loss due to a loved one’s death, whether it was an accident or intentional. The law allows you to recover compensation for the financial losses that you have sustained, as well as a reasonable amount of money to compensate you for the overwhelming grief, torment, and suffering that you experience. You can also be compensated for financial losses due to lost income and benefits.
Wrongful Death compensation available in Texas may include:
- Pecuniary losses – These losses cover anything that the deceased would have provided for family members, such as care, maintenance, household services, advice, and any other probable contribution that the family members would have received.
- Loss of earnings – Any money that the deceased would have earned and provided as support to family members.
- Loss of inheritance – Covers the current value of any assets the deceased would have passed to family members through their estate.
- Loss of companionship and society – Covers the loss of love, comfort, and companionship that would have been provided by the deceased.
- Mental anguish – Compensation for the emotional pain and suffering that family members go through as a result of a tragic death.
Losing a loved one due to someone else’s carelessness is one of life’s deepest pains. While no amount of money can replace your loss, we can help you seek justice and hold the responsible party accountable.
What Evidence is Needed for a Wrongful Death Case in Texas?
You need strong evidence to support a wrongful death case. This proof must show that the defendant’s actions or inaction directly caused your loved one’s death. Some essential components include the following:
- Proof of Duty of Care: Evidence indicating that the defendant had a legal obligation to prevent harm to the deceased.
- Breach of Duty: Documentation or testimony that shows the defendant did not fulfill their duty of care.
- Causation: Medical records, expert testimony, or forensic evidence that connects the defendant’s actions to the cause of death.
- Eyewitness Testimony: Accounts from individuals who witnessed the incident or are aware of the circumstances surrounding the death.
- Expert Opinions: Insights from medical professionals, accident reconstructionists, or other industry specialists to explain how the death occurred and identify who is responsible.
- Surveillance Footage or Photographic Evidence: Any visual records of the incident or related events.
- Criminal Records or Police Reports: These documents validate the defendant’s liability, particularly in cases involving unlawful or violent behavior.
- Financial Documentation: To substantiate claims for damages such as lost wages, medical expenses, funeral costs, and other financial repercussions.
What Does a Wrongful Death Attorney Do?
As your Houston wrongful death attorney, Joe Stephens will handle the entire claims process on your behalf. He will communicate with insurance companies, financial institutions, and corporations. These entities may not voluntarily work with non-lawyers and are more likely to respond promptly to legal representatives and provide the needed facts.
The Stephens Law Firm hires investigators and secures expert witnesses, ensuring accurate facts to assist families in pursuing civil justice for the loss of a loved one. Additionally, the firm can help with the following:
- Determine who may be legally responsible for the fatality
- Assess the economic losses and their impact on the family
- Identify where to file a wrongful death lawsuit
- Negotiate with the defendant’s insurance companies
- Document each person’s relationship with the deceased
Call The Stephens Law Firm today to schedule a free consultation.
Let Attorney Joe Stephens Help You With Your Wrongful Death Claim
If you suspect that your loved one’s death resulted from an avoidable accident, someone else’s negligence, or a deliberate act, reach out to The Stephens Law Firm for a free consultation to explore your legal options. Should we find that you have a wrongful death case under Texas law, you will have the opportunity to meet with our Houston wrongful death attorneys to discuss the specifics and start preparing your lawsuit.
We have assisted hundreds of clients who have faced similar losses, and we empathize with your situation. Whether your case proceeds to trial or we achieve a mutually acceptable settlement outside of court, we will work to ensure you receive the answers, peace, and compensation that you and your family rightfully deserve. Contact us today for more information.
Houston Wrongful Death FAQs
What Is the Wrongful Death Statute of Limitations in Texas?
Surviving family members must file their wrongful death lawsuit within two years of the decedent’s death in Texas. For this reason, it is always best for them to talk to a wrongful death attorney as soon as possible. Doing this will allow the lawyers time to investigate and file all the paperwork within the deadline.
What Does it Cost to Hire a Houston Wrongful Death Attorney?
You will pay our Houston wrongful death lawyers absolutely nothing unless we win your case. Our services are provided on a contingency fee contract so we cover all expenses involved with your case and you agree to pay us a percentage of your settlement of verdict amount.
How Much Is a Wrongful Death Lawsuit Worth?
Depending on the circumstances, wrongful death settlements can range from several hundred thousand dollars to tens of millions of dollars. Retaining a Houston wrongful death attorney who has experience dealing with insurance companies and corporations will help survivors receive the full extent of the compensation owed to them.
Can I File a Lawsuit if My Loved One Was Partially at Fault for Their Death?
Yes, you can still file a wrongful death lawsuit in Texas even if your loved one was partially at fault for their death, so long as they were not over 50 percent liable. Texas follows a modified comparative fault rule under proportionate responsibility laws. The surviving family can still recover compensation if your loved one was 50 percent or less at fault. However, the total amount will be reduced by their percentage of fault.