Houston Wrongful Death Attorney

Have you lost someone due to the negligence of another?

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Life Can Change in the Blink of an Eye

The sudden loss of a loved one is an immensely painful and tragic event. The grief and heartache are only intensified when the life of your loved one was cut short due to someone else’s negligence, recklessness, or malicious intent. It can be incredibly distressing when you know in your heart that your loved one may have lived, had the person at fault been more cautious or behaved in an appropriate manner. While we cannot bring your loved one back to you, we can fight for justice to be served, and ensure that you will not have to bear the expenses of someone else’s mistake.

Houston-based attorney Jarett Ellzey takes a compassionate, personalized approach to every case and combines that with a sincere desire to stand up for victim’s rights. He has helped many families move forward following instances of wrongful death. If you believe that someone might be at fault for the death of your cherished loved one, contact us for a free consultation.

Know the Facts

While wrongful deaths can occur in a wide variety of scenarios, recklessness and negligence are often factors in car accidents, workplace fatalities, and medical errors. In fact:

  • On Texas roads, a car accident-related death occurs every two hours and twenty-nine minutes. Further, Texas reports a high rate of deaths due to drunk drivers.
  • Texas consistently has one of the highest rates of workplace fatalities in the nation.
  • Texas also experiences a high rate of medical malpractice deaths.

It is important to remember through any potential fear or uncertainty that wrongful deaths are, unfortunately, common in our state. If you have any concerns or need help determining if someone may be held liable for the death of your loved one, we urge you to reach out to our legal team. Trust that we will carefully dissect the details of your case and help you determine the right way to move forward.

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Free Consultation. Pay Only If You Win.

If you or a loved one has a related case, please fill out the form below to schedule a call.

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Jarrett L. Ellzey Attorney at Law
Ellzey & Associates, PLLC
Houston, TX
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Types of Wrongful Death Suits

Every wrongful death case presents unique circumstances, and as such, has its own complexities. However, commonalities do exist between the various wrongful death cases that we see. Many of them fall within the below categories:

  • Medical malpractice or negligence

    Doctors are responsible for providing the best care possible to their patients. This includes correct diagnosis and prompt, adequate treatment. Wrongful death suits related to medical malpractice or negligence can include misdiagnosis, surgical errors, or medication errors.
  • Dangerous workplace conditions

    Workplaces can contain occupational hazards which sometimes lead to injuries, illnesses, and deaths. Sometimes, employers are protected from wrongful death lawsuits due to workers compensation insurance, but circumstances exist where they may face liability. Employers may be held culpable for accidents, violence, and illnesses related to workplace environment.
  • Car/truck/motorcycle/boat accidents

    Many people die in vehicular accidents every year. Some of these deaths are undoubtedly caused by negligence on the part of those operating the vehicles or those who manufacture the vehicles.
  • Faulty & defective products

    Product liability cases are relatively common in our country. Whether it is a dangerous children’s toy, or a malfunctioning appliance, businesses and manufacturers must be held accountable.

Hold Individuals Accountable

In many wrongful death cases, individuals are liable for the injuries and fatalities that occur. For example, in the case of a motor vehicle accident, the driver is very often at fault. Situations in which drivers can be held culpable include:

  • Driving while distracted
  • Driving while under the influence
  • Driving without a license
  • Fatigued driving
  • Negligent or reckless driving, which can include missed traffic signals, speeding, or swerving.

Additionally, in medical malpractice cases, it is common for individual medical professionals to be named as defendants. These can include:

  • Physicians
  • Surgeons
  • Anesthesiologists
  • Physician’s Assistants
  • Nurses
  • Nursing aides
  • Pharmacists
  • Paramedics
  • Dentists
  • Dental Hygienists
Wrongful Death Frequently Asked Questions (FAQ)
What is wrongful death?
Quite simply, wrongful death exists when someone is shown to be legally culpable for the death of another person. Generally, this means that the lawyer for the plaintiff must be able to prove causation between the defendant’s actions or inaction and the death in question. A direct link between the defendant’s choices & actions and the death must be established.

Additionally, damages must be proven. One incredibly important damage is, of course, the unnecessary & unjust loss of life. However, damages can also extend to emotional & monetary suffering experienced by the loved ones of the deceased.
Will I have to go to court?
There is a possibility that you will have to go to court if you file a wrongful death claim. Very often, however, wrongful death suits will settle outside of court. A trial can be an incredibly lengthy, time-consuming, and expensive endeavor for all parties. Therefore, most experienced attorneys will attempt to recover appropriate & deserved damages on your behalf outside of court.

However, you should be prepared to go to court because it may become a necessity. It is incredibly important to choose your attorney carefully, knowing that you must trust them to protect your best interests both outside of court and at a trial.
How long does a wrongful death case take to resolve?
Because all wrongful death cases are unique, there is no definitive answer as to how long your case may take to resolve. However, we do know that a variety of factors can impact the time it takes to fully resolve a wrongful death lawsuit. Some cases settle quickly within a few weeks or months. Others take longer because of factors related to the investigative procedure including the availability of evidence or the readiness & availability of witnesses. On average, it will take a wrongful death lawsuit about one to four years to completely resolve.
What will the process look like?
We work hard to make sure that this process goes as smoothly as possible for you and your family. Initially, we offer a free phone consultation so that we can go through the details of your case and determine appropriate next steps. This consultation is 100% free to you.

Once we begin working on your case, we will gather supporting evidence to determine that your loved one’s death was indeed caused by the negligence, recklessness, malicious intent, or carelessness on the part of the defendant. Be assured that we will do everything we can to strengthen your case before proceeding.

Next, we will file the complaint on your behalf which will allow the discovery process to commence. We will present our evidence, as will the lawyer for the defendant. It is at this time that settlements are often reached. If, however, we are unable to reach a fair settlement, we will proceed to trial so that we can fight for what you deserve.

Our commitment to you is that we will keep you fully informed throughout the process so that you can have full confidence that we are doing all we can to help you and your family move forward.
How does a criminal case affect my ability to file a wrongful death case?
Any criminal matters related to the death of your loved one are separate from civil attempts to recover damages related to wrongful death. This means that you can file a wrongful death lawsuit even if the defendant in your case has already been tried for the death of your loved one. Similarly, if the local authorities decline to file charges related to the death in question, you are still able to file a wrongful death lawsuit.

Hold Corporations Accountable

Though individuals are frequently named as defendants in cases of wrongful death, this does not release corporations from facing liability. Below are some common instances in which a business, company, or manufacturer may be held accountable in a wrongful death case:

  • Motor vehicles

    While drivers are sometimes at fault for deaths caused by accidents, automobile companies & manufacturers can be sued if faulty equipment or inadequate safety protocols may have been at fault for an accident.
  • Structural hazards

    Premise liability allows wrongful death suits to be filed against businesses if any unsafe building conditions were relevant to the death in question. These can include faulty equipment, unsecured objects, or weather-related hazards.
  • Hospitals

    Hospitals can be sued for wrongful death if gross negligence on behalf of hospital employees can be proven.
  • Nursing homes

    An entire nursing home or system of nursing homes may be named as defendants in cases of abuse or neglect that lead to death.

Wrongful Death Laws in Texas

All states have their own laws and rules regarding wrongful death. Attorney Jarrett Ellzey is well-versed in the rules, regulations, and laws surrounding wrongful death cases in the state of Texas. A few things that you may want to be aware of include:

  • Who can sue: In the state of Texas, only spouses, children, and parents are able to file a lawsuit in cases of wrongful death. Unfortunately, this means that siblings, aunts, uncles, cousins, common law partners, non-married same-sex partners, and non-adopted stepchildren do not have grounds to file a wrongful death lawsuit.
  • Timeline to file: The statute of limitations for a wrongful death suit in Texas is two years. This means that all rights to file a lawsuit are relinquished if a lawsuit has not been filed within two years of the incident in question. One major exception to this rule is in the case of minor children. In such situations, the two-year timeline begins when the child of the deceased turns eighteen.

The Right to Recover Damages

Unexpected deaths within families can be devastating, traumatizing, and unfortunately, have the potential to destroy families not only emotionally but also financially. Attorney Jarrett Elzey strives to recover maximum fair compensation to help you recover and rebuild.

The laws surrounding recovery damage in wrongful death suits are subject to the circumstances of the deceased at the time of their death. This can include age, health, and job trajectory. We will carefully examine the details of your case and work tirelessly to put you in the best possible position to recoup maximum fair compensation. Some examples of damages we can try to recover include:

  • Loss of financial support from the deceased, including future earnings
  • Funeral and burial costs
  • Pain & suffering experienced by the deceased
  • Loss of any prospective inheritance
  • Pain & suffering experienced by loved ones, including loss of companionship

Understand the Process

Whether you have lost a loved one due to an automobile accident, product liability, medical negligence, or anything in between, we want to help. It is essential that you contact a qualified local attorney. It is important to secure experienced, skilled representation in any wrongful death case.

We want you to focus on moving forward with your life. We can help with:

  • Determining if you can bring legal action and against which party or parties. This phase of the process is incredibly significant and usually occurs in the initial and 100% free consultation.
  • Conducting a comprehensive investigation into all the circumstances surrounding the death of your loved one. This can include consulting with witnesses and thoroughly reviewing all medical & police reports and other official records.
  • Gathering essential documents and ensuring that all filing deadlines are met.
  • Finding and consulting with any necessary experts, including medical experts, manufacturing & construction experts, security experts, etc.
  • Representing your best interests at trial if necessary and recovering maximum compensation on behalf of you and your family.

More Information

Some location-specific wrongful death content can be found in the links below:

About Wrongful Death

Join us as we speak with wrongful death attorney Jarrett Ellzey, a named partner at the law firm Hughes Ellzey, LLP. In this interview we discuss details related to wrongful death litigation and how Hughes Ellzey handles these challenging and often emotional cases.

Jarrett L. Ellzey

Partner, Ellzey & Associates, PLLC

About Ellzey & Associates, PLLC

Ellzey & Associates is a Texas personal injury law firm that aggressively advocate their clients’ interests in a wide range of legal disputes. The firm has successfully represented individuals with catastrophic injury, wrongful death, car/truck accident, brain injury and other such cases. Ellzey & Associates also has in-depth experience representing businesses in complex corporate, consumer, and class-action litigation involving a myriad of claims such as breach of fiduciary duty, real estate, fraud, consumer protection and Deceptive Trade Practices Act (DTPA) violations, Telephone Consumer Protection Act (TCPA) violations, products liability, auto defects, government contractor fraud, Medicare and Medicaid fraud, Whistleblower and False Claims Act (Qui Tam) claims, whistleblower protection and wrongful termination.

Law Firm Information
Firm: Ellzey & Associates, PLLC
Address: 1105 Milford Street
Houston, TX
Phone: 1.800.391.0227
Ellzey & Associates Office
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