facebook

Wrongful Death FAQs

What is a Wrongful Death Lawsuit?

In a Wrongful Death lawsuit, family members can hire a personal injury lawyer to seek compensation and hold the negligent party responsible for the accident and the loss of the loved one. The Compensation recovered may be available to cover Loss of relationship (companionship), Hospital and medical bills, Funeral costs, Loss wages (loss of earning capacity), loss of business, and mental health treatment.

Who Can File A Wrongful Death Suit in Texas?

Texas Law limits who is able to file a wrongful death lawsuit. Only the following individuals can a file a Wrongful Death Suit:

  • Spouse of the deceased
  • Parents of the deceased
  • Children of the deceased (Those who are naturally born to or adopted by the decedent)

Wrongful Death VS. Survival Actions

In Texas when a person passes away as a result of an accident, that person retains the same rights to file a civil lawsuit, just as they could have in the event that they had lived. The action of filing a wrongful death lawsuit is brought forward by surviving loved ones, legal representatives, and the directors of the deceased’s estate.

In survival action, offended parties may sue for the pain and suffering the perished experienced before their passing, medical bills that incurred resulting from their accident, lost wages, and property damage. In the case that the claim goes in favor of the offended party (the plantiff) compensation will go to the deceased’s estate to be distributed amongst the heirs.

If I file a wrongful death claim, what do I have to prove to get compensation?

First you have to prove that you are a statutory recipient of the individual who is deceased. Statutory recipients include parents of the deceased, Children of the deceased (Those who are naturally born to or adopted by the decedent), and spouse of the deceased.  Second that the defendants’ wrongful act or negligence caused the deceased person’s passing.

How much will it cost to hire a Wrongful Death Lawyer?

Attorney Tom works off a 40% contingency fee. A contingency means you don’t owe us any money unless we win for you, this is pretty standard for the state of Texas. If you have any questions regarding this, please give Attorney Tom a call and his staff will be happy to answer any questions you may have.

Timing is Crucial

There is a limited amount of time to file a lawsuit. It is advisable to speak to an attorney as soon as possible to ensure that your interests are protected and your full scope of legal options are still available.

Contact Attorney Tom Today

If you have lost a loved one due to a tragedy of someone else’s doing contact Attorney Tom today at anytime to talk about your case. Attorney Tom and his legal staff will be more than happy to assist you in any way possible. Call us today anytime at (713) 244-6363.

To access more resources from Attorney Tom and his staff, click here.

 

Testimonials

I was very satisfied with the outcome of my settlement.

I was very satisfied with the outcome of my settlement. I would strongly recommend this firm they are 100% in my book.

Posted By:

Carmen Malbrough

When my girlfriend was in a pretty bad car accident, I...

When my girlfriend was in a pretty bad car accident, I was fortunate enough to know Tommy from my personal life. We reached out to Tommy and in no time...

Posted By:

Monkmonk Dabes

If you are here, you’re likely searching for an attorney. Well,...

If you are here, you’re likely searching for an attorney. Well, stop searching. Our home was totaled in Hurricane Laura, and unknowingly we not being treated fairly by another party....

Posted By:

Eva Atwell

Hi hired Tom to handle my personal injury case. I was...

Hi hired Tom to handle my personal injury case. I was hit by an 18-wheeler and we got a GREAT result. I recommend hiring Attorney Tom and his team to...

Posted By:

Marissa

I contacted the firm and spoke directly to Tommy who was...

I contacted the firm and spoke directly to Tommy who was very professional and responsive to all of our concerns and assured me that we had a great case, we...

Posted By:

Wayne Dore

Attorney Tom and his team went above and beyond to resolve...

Attorney Tom and his team went above and beyond to resolve our case. They treated us with empathy, respect, and professionalism. He is a great attorney and worked diligently for...

Posted By:

Angela O’Quain

Tom and his team are truly top notch. They go above...

Tom and his team are truly top notch. They go above and beyond in every way imaginable and most importantly, they treated me like a real person and not just...

Posted By:

Jerry McElroy

Attorney Tom is the best in the business! Extremely knowledgeable, very...

Attorney Tom is the best in the business! Extremely knowledgeable, very professional, and will always fight for you to the ends of the world! His team is very communicative and...

Posted By:

Christopher Torres

In my many occasions working with Attorney Tom and his staff,...

In my many occasions working with Attorney Tom and his staff, it has been nothing but a pleasant experience. I hold Attorney Tom and and all of his staff in...

Posted By:

William Beard

Very professional and responsive

I told him Tommy John, you’re my hero. Because that’s how I feel about him. I do not know what I would have done without Tommy John and his team....

Posted By:

Jarrett R.

Thomas John Kherkher is a great choice for legal representation

Thomas John Kherker was extremely professional when dealing with my case. I had gotten into a tough spot involving contracts and was entirely taken advantage of. Thomas was recommended to...

Posted By:

Elizabeth

When I was rear ended they had my back.

Mr. Kherkher and his team represented me in a highway accident that resulted in my car being totaled. These are some of the things I appreciated the most during our...

Posted By:

David

They are very organized

The team at The Kherkher Law Firm are polite and will work hard for you. They are very organized. I would definitely recommend going to them for your personal injury...

Posted By:

Jarrett Richter

Very friendly and responsive

Kherkher Law is the best. Very friendly and responsive. Helped me work through my issue.

Posted By:

Mike Johnson

Tommy was very kind and helpful

Attorney Tommy was very kind and helpful and he has a great YouTube channel @attorneytom I feel comfortable going to him for any of my future legal concerns.

Posted By:

Alex Cardenas

immediately answered the phone on a Saturday at 4:35pm

While mistakenly detained by the police I called attorney Tommy Kherkher who immediately answered the phone on a Saturday at 4:35pm today 6/1/19 and was quickly released. It was happy...

Posted By:

Therrion Reff

integrity and honor

A person of integrity and honor. He will work hard for you.

Posted By:

Susan Kherkher

He is among the best

I have known Tommy John Kherkher for a long time. He is among the best. A true lawyer and extremely responsive.

Posted By:

Cody Hall

NBC News
buzzfeed logo
fortune logo
yahoo finance logo
khou logo
time logo