A wrongful death lawyer provides essential guidance when you’re facing the unimaginable loss of a loved one due to someone else’s negligence in Houston. At Jonathan C. Kieschnick, Trial Lawyer, we understand the profound challenges your family is experiencing during this difficult time. While no legal action can bring back your loved one, pursuing a wrongful death claim can provide financial security and a sense of justice. Our experienced legal team is ready to help you navigate this complex process with compassion and dedication.
Why You Need a Wrongful Death Lawyer
After losing a family member unexpectedly, having professional legal representation can make a significant difference in securing the compensation your family deserves. Insurance companies often attempt to minimize payouts in wrongful death cases, leaving families with insufficient funds to cover funeral expenses, lost income, and other damages. Additionally, Texas law has specific requirements and deadlines for filing wrongful death claims that must be followed precisely.
Furthermore, determining the full extent of your family’s damages requires legal expertise. Beyond immediate expenses like funeral costs, you may be entitled to compensation for lost financial support, loss of companionship, mental anguish, and other non-economic damages. An experienced wrongful death lawyer will ensure all these factors are properly calculated and included in your claim while you focus on healing.
Compassionate Legal Support During Difficult Times
Let our experienced team handle the legal complexities while you and your family focus on healing. We’ll fight for the justice your loved one deserves.
Our Comprehensive Approach to Wrongful Death Cases
At Jonathan C. Kieschnick, Trial Lawyer, we take a thorough and compassionate approach to every wrongful death case. We understand that each family’s situation is unique, and we tailor our strategy to meet your specific needs while handling legal matters with the sensitivity they deserve. Our process includes:
Thorough Investigation
We conduct a detailed investigation into the circumstances of your loved one’s death, gathering crucial evidence such as accident reports, witness statements, and expert testimony. This comprehensive approach helps establish liability and strengthens your case for maximum compensation.
Complete Documentation
Our team meticulously documents all aspects of your damages, including medical records, funeral expenses, lost income projections, and evidence of non-economic losses like loss of companionship and mental anguish to ensure your family receives full compensation.
Strategic Negotiation
We handle all communications with insurance companies and opposing counsel, using our negotiation expertise to counter inadequate offers and fight for a fair settlement that truly reflects the extent of your family’s loss and ongoing suffering.
Courtroom Representation
If a fair settlement cannot be reached, we are fully prepared to take your case to trial. Our extensive courtroom experience allows us to effectively present your case before a judge and jury to pursue the maximum compensation your family deserves.
Types of Wrongful Death Cases We Handle
Our Houston wrongful death lawyer team has extensive experience with various types of fatal incident cases. Each type presents unique challenges and requires specific legal strategies to secure proper compensation for surviving family members.
Auto Accident Fatalities
Fatal car, truck, and motorcycle accidents often result from distracted driving, speeding, or intoxication. These cases require thorough investigation to establish negligence and may involve multiple liable parties, including other drivers, vehicle manufacturers, or government entities responsible for road conditions.
Workplace Fatalities
Texas leads the nation in workplace fatalities, particularly in construction, oil and gas, and manufacturing industries. These complex cases may involve workers’ compensation issues alongside wrongful death claims against third parties whose negligence contributed to the fatal accident.
Medical Malpractice
When healthcare providers fail to meet the standard of care and a patient dies as a result, surviving family members may have a wrongful death claim. These technically complex cases require medical expert testimony and thorough review of medical records to establish negligence.
Product Liability
Defective or dangerous products that cause fatal injuries can lead to wrongful death claims against manufacturers, distributors, or retailers. These cases require technical expertise to demonstrate how the product’s design, manufacturing, or inadequate warnings led to the fatal incident.
Premises Liability
Property owners who fail to maintain safe conditions may be liable when fatal accidents occur on their premises. These cases involve slip and falls, inadequate security leading to assault, swimming pool accidents, or other dangerous conditions that result in fatal injuries.
Nursing Home Negligence
When elder abuse or neglect leads to a resident’s death, the nursing home facility and its staff may be held accountable. These sensitive cases require thorough investigation into care standards, staffing levels, and specific incidents that contributed to the resident’s death.
Experienced in All Types of Wrongful Death Cases
No matter what circumstances led to your loved one’s death, our team has the knowledge and resources to help your family seek justice and compensation.
Understanding Texas Wrongful Death Law
Navigating Texas wrongful death statutes requires specialized legal knowledge. Our Houston wrongful death lawyer team stays current on all relevant laws to provide the most effective representation for your family. Here are key aspects of Texas wrongful death law you should understand:
Who Can File a Wrongful Death Claim
Under Texas law, only specific family members can file a wrongful death claim: the surviving spouse, children, and parents of the deceased. Siblings and other relatives are not eligible to file these claims, regardless of their closeness to the deceased or financial dependence.
Statute of Limitations
In Texas, wrongful death claims must typically be filed within two years from the date of death. Missing this deadline can permanently bar your family from seeking compensation, which is why consulting with a wrongful death lawyer promptly is crucial to preserving your legal rights.
Survival Actions
In addition to wrongful death claims, Texas law allows for “survival actions” that seek compensation for the deceased’s pain and suffering before death, medical expenses, and other damages. These claims are brought by the estate’s representative rather than family members directly.
Burden of Proof
To succeed in a wrongful death claim, you must prove that the defendant’s negligent, careless, or intentional actions caused your loved one’s death. This requires establishing that the defendant owed a duty of care, breached that duty, and that the breach directly resulted in the death and subsequent damages.
Comparative Negligence
Texas follows a “modified comparative negligence” rule, meaning compensation may be reduced if your loved one was partially responsible for the incident that caused their death. If they were more than 50% responsible, recovery may be barred entirely, making proper legal representation essential.
Damage Caps
While there are no caps on economic damages in most wrongful death cases, Texas does limit non-economic damages in medical malpractice cases. Understanding these limitations is crucial when evaluating potential compensation for your family’s loss.
Our experienced wrongful death lawyer team will guide you through these complex legal requirements while handling your case with the sensitivity it deserves. We ensure all filing deadlines are met, proper evidence is gathered, and your family’s rights are fully protected throughout the legal process.
Maximizing Your Wrongful Death Compensation
As your wrongful death lawyer, we work diligently to secure all forms of compensation your family is entitled to under Texas law. Many families don’t realize the full scope of damages they can claim beyond immediate expenses like funeral costs.
Types of Compensation Available
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost income and benefits the deceased would have provided
- Loss of inheritance
- Loss of love, companionship, and consortium
- Mental anguish and emotional suffering
- Loss of care, maintenance, services, and support
- Punitive damages (in cases of gross negligence)
Insurance companies typically offer quick settlements that fall far short of covering your family’s total damages. Our experienced wrongful death lawyer team knows how to accurately calculate the full value of your claim, including future financial losses and non-economic damages like loss of companionship and mental anguish.
We also understand the tactics insurance adjusters use to minimize payouts in wrongful death cases. When you have our firm on your side, you level the playing field. We handle all communications with insurance companies, ensuring your family’s rights are protected and preventing you from accepting an inadequate settlement during this vulnerable time.
Secure Your Family’s Financial Future
Insurance companies have teams of lawyers protecting their interests. Shouldn’t your family have an experienced wrongful death lawyer fighting for yours?
The Legal Process in Wrongful Death Cases
Understanding what to expect when working with a wrongful death lawyer can help ease your concerns during this difficult time. At Jonathan C. Kieschnick, Trial Lawyer, we guide you through each step of the process with clear communication, compassion, and support.
Initial Consultation
We begin with a free, no-obligation consultation to evaluate your case. During this meeting, we’ll discuss the circumstances of your loved one’s death, potential liable parties, and your legal options. This is also your opportunity to ask questions and determine if our firm is the right fit for your family’s needs.
Investigation and Evidence Collection
Once you choose us as your wrongful death lawyer, we immediately begin gathering evidence. This includes obtaining accident reports, medical records, witness statements, and possibly consulting with expert witnesses such as accident reconstructionists or medical professionals to establish liability.
Identifying All Responsible Parties
We conduct a thorough investigation to identify all potentially liable parties. In many wrongful death cases, multiple parties may share responsibility, and identifying all of them is crucial to maximizing your family’s compensation and ensuring justice is fully served.
Damage Assessment
We work with financial experts, economists, and other specialists to accurately calculate the full extent of your family’s damages, including both economic losses (like lost income) and non-economic damages (like loss of companionship) to ensure your claim reflects the true value of your loss.
Demand and Negotiation
After compiling all necessary evidence and calculating damages, we prepare a demand letter to the responsible parties and their insurers. This initiates the negotiation process, where we advocate for a fair settlement that fully compensates your family for all losses.
Litigation (If Necessary)
If the responsible parties refuse to offer a fair settlement, we’re fully prepared to file a lawsuit and take your case to court. Throughout this process, we continue negotiating and may participate in mediation to reach a resolution without a trial if possible.
Throughout this entire process, our team maintains regular communication with you, providing updates on your case and answering any questions that arise. We handle the legal complexities with sensitivity and professionalism so you can focus on your family and the healing process during this difficult time.
Why Choose Jonathan C. Kieschnick as Your Wrongful Death Lawyer
Selecting the right legal representation after losing a loved one is a crucial decision that can significantly impact your family’s future. Here’s why families throughout Houston trust Jonathan C. Kieschnick, Trial Lawyer, for wrongful death cases:
Experience and Expertise
With years of dedicated practice in wrongful death law, our team has successfully handled numerous complex cases throughout Houston and surrounding areas. We understand the nuances of Texas wrongful death statutes and how to navigate the legal system effectively on behalf of grieving families.
Compassionate Representation
Unlike large impersonal law firms where clients become just another case number, we provide individualized attention to each family. You’ll work directly with experienced attorneys who take the time to understand your specific situation and provide the emotional support and legal guidance you need during this difficult time.
Proven Results
Our track record speaks for itself, with numerous successful settlements and verdicts for wrongful death clients. We have recovered substantial compensation for families, helping them achieve financial security and a sense of justice after losing a loved one due to someone else’s negligence.
We Win
We work on a contingency fee basis for wrongful death cases, meaning you pay nothing upfront and owe no attorney fees unless we secure compensation for your family. This arrangement allows any family to access quality legal representation regardless of financial situation during an already challenging time. *examples
Comprehensive Resources
We have access to a network of expert witnesses, accident reconstructionists, medical professionals, economists, and investigators who strengthen your case. These resources are crucial for building compelling evidence of liability and accurately calculating the full extent of your family’s damages.
Client Satisfaction
Our clients consistently praise our communication, professionalism, and dedication to achieving the best possible outcomes. We take pride in helping families through one of life’s most difficult experiences with compassion and skill, securing the compensation they need to move forward while honoring their loved one’s memory.
Ready to Discuss Your Family’s Case?
Contact Jonathan C. Kieschnick, Trial Lawyer today for a free, no-obligation consultation about your wrongful death claim.
Common Questions About Wrongful Death Claims
The wrongful death claim process often raises many questions for families. Here are some important considerations to help you better understand what to expect:
How Wrongful Death Differs from Criminal Cases
Wrongful death claims are civil actions seeking financial compensation, while criminal cases seek punishment through the legal system. The two processes are entirely separate, with different standards of proof. A wrongful death claim can succeed even if there was no criminal conviction or charges were never filed. Additionally, a wrongful death claim can proceed simultaneously with any criminal proceedings.
Valuing a Wrongful Death Claim
Determining the value of a wrongful death claim involves many factors, including the deceased’s age, earning capacity, life expectancy, and relationship with surviving family members. Our wrongful death lawyer team works with economic experts to calculate tangible losses like lost income and benefits, while also advocating for appropriate compensation for intangible losses like loss of companionship and emotional suffering.
Length of the Legal Process
The timeline for resolving a wrongful death claim varies significantly depending on case complexity, the number of parties involved, and whether the case settles or goes to trial. While some cases may resolve in months through settlement negotiations, more complex cases that proceed to trial can take one to three years to complete. Our team works efficiently to move your case forward while never sacrificing thoroughness for speed.
Case Settlement vs. Trial
While most wrongful death claims are resolved through settlement negotiations, we prepare every case as if it will go to trial. This thorough approach often results in better settlement offers. The decision to accept a settlement or proceed to trial ultimately rests with your family, and we provide the information and guidance you need to make the best choice for your specific situation.
Our experienced wrongful death lawyer team is committed to answering all your questions throughout the legal process. We believe that well-informed clients make better decisions, and we strive to provide clear, honest communication at every stage of your case.
Serving Wrongful Death Clients Throughout Houston
Our office is conveniently located in Houston to serve clients throughout the metropolitan area. We understand that after losing a loved one, traveling can be difficult, which is why we offer flexible meeting options and can even come to you if necessary during this challenging time.
Directions to Our Office
From Sugar Land
From Baytown
From League City
Our office is located at 17225 El Camino Real #110, Houston, TX 77058. We’re easily accessible from major highways and offer convenient parking for our clients. If you’re unable to come to us due to your circumstances, we can arrange a virtual consultation or visit you at your home. We understand that this is a difficult time for your family, and we strive to make the legal process as convenient and stress-free as possible.
Frequently Asked Questions About Wrongful Death Claims
Many families have similar questions about the wrongful death claim process. Here are answers to some of the most common inquiries we receive:
What is the statute of limitations for wrongful death claims in Texas?
In Texas, the statute of limitations for most wrongful death claims is two years from the date of death. This means eligible family members must file their lawsuit within this timeframe, or they may lose their right to seek compensation. However, there are exceptions to this rule in certain circumstances, such as cases involving minors or when the cause of death wasn’t immediately known. It’s best to consult with a wrongful death lawyer as soon as possible after your loss to ensure all deadlines are met and your family’s rights are protected.
How is compensation distributed among family members in a wrongful death case?
In Texas wrongful death cases, compensation is not automatically divided equally among eligible family members. Instead, the distribution depends on each family member’s relationship to the deceased and their individual damages. The court considers factors such as financial dependence, the closeness of the relationship, and the age of the beneficiaries. In many cases, family members agree on a distribution arrangement during settlement negotiations. If an agreement cannot be reached, the court will determine how compensation should be allocated based on each person’s loss. Our wrongful death lawyer team works to ensure all family members’ interests are fairly represented throughout this process.
How much does it cost to hire a wrongful death lawyer?
At Jonathan C. Kieschnick, Trial Lawyer, we work on a contingency fee basis for wrongful death cases. This means your family pays no upfront costs or hourly fees. Instead, we only collect a fee if we successfully recover compensation for you, typically a percentage of the settlement or verdict amount. This arrangement allows any family to access quality legal representation regardless of their financial situation during an already challenging time. Additionally, we advance all case expenses such as court filing fees, expert witness costs, and investigation expenses, which are only reimbursed if we win your case. This approach aligns our interests with yours—we only get paid when your family does.
Have additional questions? We’re here to help. Contact our office to speak directly with an experienced wrongful death lawyer about your family’s specific situation.
Get Answers to Your Questions
Every wrongful death case is unique. Contact us today for personalized answers to your specific questions.
How We’ve Helped Houston Families Seek Justice
While every wrongful death case is unique, and past results don’t guarantee future outcomes, these anonymized examples illustrate how our wrongful death lawyer team has helped families throughout Houston find closure and financial security after losing a loved one.
Industrial Accident Settlement
When a Houston family lost their father in an industrial accident caused by inadequate safety protocols, they faced mounting financial pressure and uncertainty about the future. Our wrongful death lawyer team conducted a thorough investigation that revealed multiple safety violations by the employer. After extensive negotiations, we secured a $3.2 million settlement that provided financial security for the family and funded college education for the children.
Medical Malpractice Verdict
After a mother of three died due to a misdiagnosed condition at a Houston hospital, her family came to us devastated and seeking answers. Our investigation with medical experts revealed clear negligence in her care. When the hospital refused a fair settlement, we took the case to trial and secured a $2.7 million verdict for the family, providing accountability and financial support for the children’s future.
Commercial Truck Accident Settlement
A family lost their teenage son when a commercial truck driver fell asleep at the wheel on a Houston highway. Our investigation revealed the trucking company had violated hours-of-service regulations and falsified logbooks. We negotiated a $4.1 million settlement that included both compensatory and punitive damages, sending a message about the importance of trucking safety while providing financial support to the grieving family.
These results represent more than just financial compensation—they provided a sense of justice and accountability for families while ensuring their financial security after a devastating loss. While no amount of money can replace a loved one, these outcomes helped families move forward with the resources they needed during an incredibly difficult time.
Our wrongful death lawyer team approaches each case with the same dedication, thoroughness, and compassion, fighting tirelessly to achieve the best possible outcome for every family we represent. We understand that behind every case is a family in pain, and we’re committed to helping you find justice and closure.
Resources for Families After a Wrongful Death
Losing a loved one unexpectedly affects every aspect of life. While our wrongful death lawyer team focuses on the legal aspects of your case, we recognize that families need support in many other areas. Here are some resources that may help during this difficult time:
Grief Support Groups
Connecting with others who understand your experience can be invaluable during the grieving process. Houston offers several support groups specifically for those who have lost loved ones unexpectedly:
- Bo’s Place – Provides free grief support services for children and families
- The Center for Grief and Loss at Houston Hospice
- The Compassionate Friends – Support for families after the death of a child
- GRASP (Grief Recovery After Substance Passing)
Financial Assistance
The sudden loss of a family member often creates financial challenges. While your wrongful death claim progresses, these resources may provide immediate assistance:
- Texas Crime Victims’ Compensation Program
- Social Security Survivor Benefits
- Veterans Benefits (if applicable)
- Life insurance claims assistance
- Temporary assistance programs through local nonprofits
Mental Health Services
Professional counseling can provide crucial support during the grieving process. These Houston-area resources offer specialized grief counseling:
- The Grief & Trauma Healing Center
- The Hope and Healing Center & Institute
- The Menninger Clinic
- Psychology Today’s Therapist Directory (search for grief specialists)
Practical Assistance
Managing day-to-day responsibilities can be overwhelming after a loss. These services may help:
- Meal delivery services
- Childcare assistance programs
- Housekeeping services
- Transportation assistance
- Estate administration guidance
Our wrongful death lawyer team can provide additional referrals to resources specific to your family’s situation. We believe in supporting our clients holistically during this challenging time, not just addressing their legal needs. If you’re struggling with particular challenges, please don’t hesitate to discuss them with us so we can help connect you with appropriate support services.
Frequently Asked Questions About Wrongful Death Claims
Many families have similar questions about the wrongful death claim process. Here are answers to some of the most common inquiries we receive:
What is the statute of limitations for wrongful death claims in Texas?
In Texas, the statute of limitations for most wrongful death claims is two years from the date of death. This means eligible family members must file their lawsuit within this timeframe, or they may lose their right to seek compensation. However, there are exceptions to this rule in certain circumstances, such as cases involving minors or when the cause of death wasn’t immediately known. It’s best to consult with a wrongful death lawyer as soon as possible after your loss to ensure all deadlines are met and your family’s rights are protected.
How is compensation distributed among family members in a wrongful death case?
In Texas wrongful death cases, compensation is not automatically divided equally among eligible family members. Instead, the distribution depends on each family member’s relationship to the deceased and their individual damages. The court considers factors such as financial dependence, the closeness of the relationship, and the age of the beneficiaries. In many cases, family members agree on a distribution arrangement during settlement negotiations. If an agreement cannot be reached, the court will determine how compensation should be allocated based on each person’s loss. Our wrongful death lawyer team works to ensure all family members’ interests are fairly represented throughout this process.
How much does it cost to hire a wrongful death lawyer?
At Jonathan C. Kieschnick, Trial Lawyer, we work on a contingency fee basis for wrongful death cases. This means your family pays no upfront costs or hourly fees. Instead, we only collect a fee if we successfully recover compensation for you, typically a percentage of the settlement or verdict amount. This arrangement allows any family to access quality legal representation regardless of their financial situation during an already challenging time. Additionally, we advance all case expenses such as court filing fees, expert witness costs, and investigation expenses, which are only reimbursed if we win your case. This approach aligns our interests with yours—we only get paid when your family does.
Have additional questions? We’re here to help. Contact our office to speak directly with an experienced wrongful death lawyer about your family’s specific situation.
Get Answers to Your Questions
Every wrongful death case is unique. Contact us today for personalized answers to your specific questions.
Your Trusted Houston Wrongful Death Lawyer
After losing a loved one due to someone else’s negligence, you need more than just legal representation—you need an advocate who truly understands the profound impact this loss has on your family. At Jonathan C. Kieschnick, Trial Lawyer, we combine legal expertise with genuine compassion for our clients.
Our commitment to excellence and client satisfaction has earned us the trust of families throughout Houston and surrounding areas. We understand the emotional, practical, and financial challenges you’re facing, and we’re dedicated to helping you navigate this difficult journey while seeking the justice and compensation your family deserves.
Don’t face the aftermath of a wrongful death alone. Let our experienced wrongful death lawyer team guide you through the legal process with sensitivity and skill. Contact us today at 281-538-9200 for a free consultation, or visit our contact page to schedule an appointment.
Ready to Take the First Step?
Contact Jonathan C. Kieschnick, Trial Lawyer today and discover how we can help your family seek justice and compensation after the wrongful death of your loved one.