Michael Piri | Texas Accident Attorney | Wrongful Death

Name: Texas Wrongful Death Attorney | The Piri Law Firm
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We Go To War For Injured Texans

Championing Justice: Texas Wrongful Death Attorney Michael Piri

Losing a family member is a truly devastating experience, one that shakes the very foundation of your life. The pain and confusion are often only amplified when you know that this tragic loss was caused by another party’s negligence, recklessness, or misconduct. During such a profound time of grief and uncertainty, the prospect of navigating the complex legal system can feel completely overwhelming and impossible to manage on your own.

At The Piri Law Firm, we deeply understand the immense emotional and financial burdens your family is facing right now. We know that no amount of legal action can undo what has happened, but we also believe in accountability. Our dedicated team of Texas wrongful death attorneys is here to provide the compassionate, professional, and steady guidance you need during this difficult chapter.

We are fully committed to helping families like yours seek justice for their loved ones. Our primary goal is to shoulder the heavy weight of legal complexities on your behalf—managing the investigation, the paperwork, and the negotiations—allowing you and your family the necessary space to grieve, remember, and begin the slow process of healing.

This post is designed to outline the essential aspects of filing a wrongful death claim in Texas. We will guide you from the initial steps of understanding your legal rights under state law to the detailed process of securing the fair compensation your family deserves for your loss. We are here to offer personalized, empathetic support every step of the way, ensuring you never have to walk this path alone.

Why Choose Michael Piri as Your Texas Wrongful Death Attorney

1. Compassionate Advocacy

Losing a loved one is one of the most devastating experiences anyone can endure, especially when it’s due to someone else’s negligence. Michael Piri doesn’t just see your case as a legal matter—he sees the human story behind it. He takes the time to listen, understand your pain, and provide the emotional support you need during such a difficult time. His compassionate approach ensures that you feel supported every step of the way.

2. Proven Track Record

Michael Piri has a history of successfully representing families in wrongful death cases across Texas. His results speak for themselves—he has helped clients secure significant settlements and verdicts that provide financial relief and a sense of justice. His experience means he knows how to navigate the complexities of these cases, from gathering evidence to negotiating with insurance companies or presenting a compelling case in court.

3. Personalized Attention

Unlike large law firms where clients can feel like just another case number, Michael Piri offers a boutique, personalized approach. He works closely with you, keeping you informed and involved throughout the process. You’ll never feel left in the dark or like your case is being handed off to someone else. Michael’s hands-on approach ensures that your case gets the attention it deserves.

4. Relentless Pursuit of Justice

Michael Piri is known for his unwavering dedication to his clients. He doesn’t back down when facing powerful insurance companies or large corporations. Instead, he fights tirelessly to hold negligent parties accountable. His goal is not just to win your case but to ensure that justice is served and that your loved one’s legacy is honored.

5. No Upfront Fees

Legal fees can be a concern for many families, especially during a time of financial strain. Michael Piri works on a contingency fee basis, meaning you don’t pay anything unless he wins your case. This arrangement allows you to focus on healing and seeking justice without worrying about the financial burden of legal representation.

6. Deep Knowledge of Texas Law

Wrongful death laws in Texas are complex, with specific statutes of limitations, liability rules, and compensation guidelines. Michael Piri’s extensive knowledge of Texas law ensures that no detail is overlooked. He knows how to build a strong case, whether it involves proving negligence, calculating damages, or navigating the legal system to achieve the best possible outcome for your family.

7. Support Beyond the Courtroom

Michael Piri understands that wrongful death cases are about more than just legal outcomes—they’re about helping families rebuild their lives. He connects clients with resources, such as grief counseling and financial planning, to help them move forward after their loss.

8. Reputation for Excellence

Michael Piri’s reputation as a skilled and compassionate attorney has earned him the trust of clients and peers alike. His dedication to his clients and his ability to deliver results have made him a respected name in wrongful death litigation in Texas.

Understanding Wrongful Deaths in Texas

Losing a loved one is a profoundly painful experience. The grief can become even more complex when the death was caused by someone else’s negligence or misconduct. In Texas, the law provides a way for surviving family members to seek justice and financial stability through a wrongful death claim. Understanding this area of law is the first step toward navigating the path forward.

What is a Wrongful Death in Texas?

Under the Texas Wrongful Death Act, a wrongful death is one caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. In simpler terms, if the person who died could have filed a personal injury lawsuit had they survived, their eligible family members may be able to file a wrongful death claim.

These cases can arise from a wide range of situations, including:

Motor vehicle accidents: Collisions caused by drunk, distracted, or reckless drivers.
Medical malpractice: Fatal errors made by doctors, nurses, or other healthcare professionals.
Workplace accidents: Deaths resulting from unsafe working conditions or employer negligence.
Defective products: Fatalities caused by a poorly designed or manufactured product.
Premises liability: Deaths occurring on someone else’s property due to unsafe conditions, like a slip and fall or inadequate security.

The core of a wrongful death claim is proving that one party’s failure to act with reasonable care directly led to the victim’s death.

Who Can File a Wrongful Death Claim?

Texas law is very specific about who can bring a wrongful death lawsuit. Only the surviving spouse, children (including legally adopted children), and parents of the deceased are eligible. These parties can file the claim individually or together as a group.

Notably, siblings of the deceased are not permitted to file a wrongful death claim in Texas. If none of the eligible family members file a claim within three months of the person’s death, the executor or administrator of the deceased’s estate may file the claim instead. This can only happen if the surviving family members have not specifically requested that a lawsuit not be filed.

What Damages Can Be Recovered?

A wrongful death lawsuit aims to compensate the surviving family members for the losses they have suffered due to their loved one’s passing. The financial compensation, known as “damages,” is intended to cover both economic and non-economic losses.

Types of damages that may be recovered include:

Loss of Earning Capacity: The financial support the deceased would have provided to the family throughout their lifetime.
Loss of Companionship and Society: Compensation for the loss of love, comfort, and companionship.
Mental Anguish: Damages for the emotional pain and suffering experienced by the surviving family members.
Loss of Inheritance: The value of the assets the deceased would have likely accumulated and left to their family.
Lost Services: The value of services the deceased provided, such as childcare, household maintenance, and guidance.

In some cases, a separate but related claim called a “survival action” can be filed by the deceased’s estate. This action seeks to recover damages the deceased person would have been entitled to, such as medical bills incurred before death and their own pain and suffering.

Navigating the Legal Process

Dealing with a legal case while grieving is a heavy burden. The statute of limitations for filing a wrongful death claim in Texas is generally two years from the date of death. This makes it important to act promptly to preserve your legal rights.

If you have lost a family member due to someone else’s negligence, you do not have to face this difficult journey alone. Seeking guidance from an experienced legal professional can provide clarity and support, allowing you to focus on your family’s healing. An attorney can help you understand your options and ensure that your rights are protected.

The "El Patron Piri" Difference

Personalized and Compassionate Advocacy

Michael Piri is known for his empathetic and personalized approach to each case. He ensures that every client receives individualized attention and support, making them feel valued and understood during challenging times.

Fluency in Spanish and French

Exclusively serving the Latino community, Michael Piri's fluency in Spanish and French allows him to communicate effectively with a diverse range of clients, ensuring they feel comfortable and confident throughout the legal process.

Proven Track Record of Success

With a history of winning multiple personal injury cases, Michael Piri has demonstrated his ability to secure favorable outcomes for his clients, whether through settlements or litigation.

24/7 Availability and Free Consultations

Michael Piri offers round-the-clock support and free 30-minute consultations, ensuring that clients can access legal guidance whenever they need it, without financial pressure upfront.

Expertise Across a Wide Range of Personal Injury Cases

From car accidents to whiplash, truck accidents, and more, Michael Piri has extensive experience in handling various types of personal injury cases, making him a versatile and knowledgeable advocate for accident victims.

Navigating Texas Wrongful Death Claims: How Michael Piri Helps You Through Your Toughest Moments

Losing a loved one is undeniably one of life’s most profound challenges. The grief that follows can feel overwhelming, like a weight that makes even the simplest tasks seem impossible to tackle. When that loss is caused by someone else’s negligence or wrongful actions, it doesn’t just bring sorrow—it also adds layers of anger, confusion, and an unrelenting need for answers. Questions of “Why did this happen?” or “How could this have been prevented?” can haunt families as they try to process their loss.

In addition to dealing with the emotional toll, families are often forced to confront sudden financial burdens, such as medical bills, funeral costs, and the loss of income. These challenges can feel insurmountable, especially when paired with the complexities of navigating a legal system that may seem intimidating or overwhelming. During these deeply painful moments, it becomes clear that families need more than just legal advice; they need compassionate guidance and a steady hand to help them move forward on this difficult road.

This guide is here to help by walking you through the essentials of a wrongful death claim in Texas. It will explain what constitutes a wrongful death—situations where negligence, recklessness, or intentional harm caused someone’s passing. It will also outline the steps required to file a claim, providing clarity on what can often feel like a confusing process, and detail the types of compensation that families may be entitled to seek, such as coverage for financial losses or emotional suffering.

We also emphasize the importance of having an experienced and empathetic attorney by your side. Someone like Michael Piri understands not only the legal intricacies of a wrongful death claim but also the deep emotional pain that families are enduring. With the right support, you can take steps toward justice, ensuring that your loved one’s story is heard and that accountability is pursued. This guide aims to provide you with the understanding and reassurance you need as you navigate these challenging times.

What is a Wrongful Death Claim in Texas?

In Texas, a wrongful death occurs when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another individual or entity. Essentially, if the deceased person could have filed a personal injury lawsuit had they survived, their family members may be able to file a wrongful death claim.

These claims can arise from various situations, including:

Car and truck accidents: Caused by distracted, drunk, or reckless drivers.
Workplace accidents: Resulting from unsafe working conditions or employer negligence.
Medical malpractice: When a healthcare provider’s error leads to a patient’s death.
Defective products: When a faulty product causes a fatal injury.
Premises liability: Such as a fatal slip and fall on poorly maintained property.

The purpose of a wrongful death lawsuit is to hold the responsible party accountable and to provide financial relief to the surviving family members for their losses.

The Steps to Filing a Wrongful Death Claim

Navigating the legal process while grieving can feel daunting. Understanding the steps involved can help demystify the process and prepare you for what lies ahead.

1. Seeking Legal Counsel

The first and most critical step is to consult with an experienced wrongful death attorney. An attorney will evaluate your case, determine its validity, and explain your legal options. This initial consultation is a chance to find a legal partner who not only has the right expertise but also understands the emotional weight your family is carrying.

2. Identifying Eligible Claimants

Texas law specifies who can file a wrongful death lawsuit. The claim can be brought by the surviving spouse, children (including adopted children), and parents of the deceased. If these family members do not file a claim within three months of the death, the personal representative or executor of the deceased’s estate can file on their behalf. Siblings are not permitted to file wrongful death claims in Texas.

3. Gathering Evidence

A strong case is built on solid evidence. Your attorney will lead a thorough investigation to prove that the defendant’s wrongful act directly caused your loved one’s death. This involves:

Collecting police reports, medical records, and accident reports.
Interviewing witnesses.
Hiring expert witnesses, such as accident reconstructionists or medical experts, to provide testimony.
Preserving any physical evidence related to the incident.

4. Filing the Lawsuit and Negotiation

Once enough evidence is gathered, your attorney will draft and file a legal petition in the appropriate court. This officially begins the lawsuit. In many cases, the defendant’s insurance company will attempt to negotiate a settlement out of court. An experienced lawyer like Michael Piri will handle all communications and negotiations, fighting for a fair settlement that covers all your damages. If a fair agreement cannot be reached, the case will proceed to trial.

Understanding the Statute of Limitations

In Texas, time is a critical factor. The statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death. If a claim is not filed within this two-year window, you will likely lose your right to seek compensation forever.

While there are very few exceptions to this rule, it is vital to contact an attorney as soon as possible. Acting quickly allows your legal team ample time to build a strong case, preserve crucial evidence, and meet all legal deadlines.

Compensation Available in a Wrongful Death Case

No amount of money can ever replace a loved one. However, financial compensation can ease the burdens that families face after a sudden loss and provide a sense of justice. In a Texas wrongful death claim, you may be able to recover compensation for:

Lost earning capacity: The income the deceased would have been reasonably expected to earn and contribute to the family.
Loss of inheritance: The value of assets the deceased would have likely accumulated and left to their heirs.
Loss of companionship and society: Compensation for the loss of the unique love, comfort, and support the deceased provided.
Mental and emotional anguish: Damages for the grief and emotional pain suffered by the surviving family members.
Loss of household services: The value of services the deceased provided, such as childcare, home maintenance, and support.

Additionally, a separate action known as a “survival claim” can be filed by the estate to recover damages the deceased could have claimed, including medical bills, funeral expenses, and the pain and suffering they experienced before their death.

How Michael Piri Can Help Your Family

During such a devastating time, you need a legal advocate who combines legal skill with genuine compassion. Michael Piri understands that a wrongful death case is about more than just financial compensation—it’s about honoring your loved one’s memory and holding the responsible parties accountable.

Michael Piri provides empathetic and dedicated representation to families across Texas. He personally handles each case, ensuring you receive the attention and care you deserve. He takes on the legal burdens so you can focus on what matters most: healing. His approach involves:

A Compassionate Ear: He listens to your story and understands the personal impact of your loss.
Thorough Investigation: He leaves no stone unturned in gathering the evidence needed to build a powerful case.
Skilled Negotiation: He aggressively negotiates with insurance companies to secure the maximum compensation you are owed.
Trial-Ready Representation: He is fully prepared to take your case to court if a fair settlement cannot be reached.

With Michael Piri by your side, you can feel confident that you have a strong advocate fighting for justice on your family’s behalf.

Take the First Step Toward Justice

If you have lost a family member due to someone else’s negligence, you do not have to face the legal journey alone. Seeking justice can be a vital part of the healing process. Let us help you navigate this difficult time with the compassion, respect, and legal expertise you deserve.

Contact Michael Piri today for a free, no-obligation consultation to discuss your case. We are here to listen and to help you find the path forward.

10 Most Common Wrongful Death Injuries in Texas

Here’s a list of 10 common Wrongful Death causes in Texas, along with brief descriptions for each:

1. Car Accidents

Negligent driving is a leading cause of fatal incidents. This includes actions like speeding, distracted driving (such as texting), driving under the influence of alcohol or drugs, and disobeying traffic laws. When a driver’s irresponsible behavior results in a death, it can form the basis of a wrongful death claim.

2. Trucking Accidents

Accidents involving large commercial trucks often have catastrophic results. These cases can be complex, as liability may fall on the truck driver, the trucking company for improper maintenance or hiring practices, or even the cargo loaders. Driver fatigue and violations of federal trucking regulations are common factors.

3. Product Liability

Fatalities can occur when unsafe or defective products cause harm. This includes poorly designed items, manufacturing defects, or inadequate warnings. Examples range from malfunctioning vehicle components to dangerous medications or defective equipment.

4. Workplace Accidents

Certain industries, like construction and oil and gas, have high risks of fatal on-the-job accidents. These can result from safety violations, defective equipment, or insufficient training. While workers’ compensation may apply, a wrongful death suit might be possible against a negligent third party who is not the employer.

5. Pedestrian Accidents

Pedestrians are entirely unprotected when struck by a vehicle. Fatalities often occur when drivers fail to yield the right-of-way at crosswalks, ignore traffic signals, or drive while distracted. If a driver’s negligence results in the death of a pedestrian, the surviving family often has grounds for a wrongful death claim.

6. Premises Liability

Property owners have a duty to keep their premises reasonably safe for visitors. A wrongful death claim can arise if someone dies due to a hazardous condition on another’s property, such as a slip and fall on a wet floor, inadequate security leading to an assault, or a drowning in an unsecured swimming pool.

7. Bicycle Accidents

Cyclists are particularly vulnerable on the road. A wrongful death can occur when a driver fails to check blind spots, turns into a cyclist’s path, or drives aggressively near a bike lane. When a motorist fails to share the road safely and causes a fatal collision, they can be held liable.

8. Drunk Driving Accidents

Collisions caused by individuals driving under the influence of alcohol are a tragic and frequent cause of wrongful death. In Texas, a claim can often be brought not only against the drunk driver but also against the bar or establishment that over-served them under “dram shop” laws.

9. Motorcycle Accidents

Motorcyclists face a high risk of fatality in collisions, often because other drivers fail to see them or respect their space on the road. Negligent acts like unsafe lane changes, tailgating, or turning in front of a motorcycle can lead to a deadly outcome.

10. Acts of Violence or Intentional Harm

Wrongful death is not limited to accidents. If a person is killed due to an intentional act of violence, such as an assault or homicide, the responsible individual can be held liable in a civil wrongful death lawsuit, in addition to facing criminal charges.

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Texas Wrongful Death FAQs

1. What is a wrongful death claim?

A wrongful death claim is a civil lawsuit filed when a person's death is caused by the "wrongful act, neglect, carelessness, unskillfulness, or default" of another party. In simpler terms, if the deceased person could have filed a personal injury lawsuit had they survived, their eligible family members can file a wrongful death claim instead.

These claims are distinct from criminal charges. While a district attorney might pursue criminal charges like manslaughter, a wrongful death lawsuit is a separate civil action brought by the family to obtain financial compensation for their losses.

2. Who can file a wrongful death lawsuit in Texas?

The Texas Civil Practice and Remedies Code specifies who is eligible to file a wrongful death claim. Only the surviving spouse, children (including legally adopted children), and parents of the deceased can bring this type of lawsuit. These parties can file the claim individually or as a group.

Notably, siblings of the deceased are not permitted to file a wrongful death claim in Texas. If none of the eligible relatives file a claim within three months of the death, the personal representative or executor of the deceased's estate can file the claim, unless a surviving family member specifically requests that no lawsuit be filed.

3. What is a survival action?

A survival action is often filed alongside a wrongful death claim but serves a different purpose. While a wrongful death claim compensates eligible family members for their own losses, a survival action allows the deceased's estate to recover damages that the deceased would have been entitled to had they lived.

This includes compensation for the deceased's conscious pain and suffering before death, medical expenses incurred before passing, and lost wages they would have earned. Essentially, the claim "survives" the person's death and becomes part of their estate.

4. What must be proven in a wrongful death case?

To succeed in a wrongful death lawsuit, the filing party must prove several key elements. The core of the case rests on demonstrating that the defendant's actions or inaction directly led to the death.

You must establish:

Duty of Care: The defendant owed the deceased a legal duty to act with reasonable care. For example, all drivers have a duty to operate their vehicles safely.
Breach of Duty: The defendant breached this duty through a negligent or intentional act. A drunk driver, for instance, breaches their duty of care.
Causation: This breach of duty was the direct and primary cause of the death.
Damages: As a result of the death, the surviving family members have suffered actual damages.

5. What damages can be recovered in a wrongful death claim?

In a Texas wrongful death case, eligible family members can seek compensation for the various ways the loss has impacted their lives. These damages are intended to compensate for both financial and emotional losses.

Recoverable damages can include:

Loss of the deceased's earning capacity and income.
Loss of companionship, comfort, and society (often called loss of consortium).
Mental and emotional anguish experienced by the survivors.
Loss of inheritance, including what the deceased would have likely saved and left to the family.
Loss of household services the deceased provided, such as childcare or home maintenance.

6. How are damages different in a survival action?

Damages awarded in a survival action go to the deceased's estate, not directly to the family members. These damages are meant to cover losses suffered by the deceased person themselves before they passed away.

These can include:

Medical bills from the final injury or illness.
Funeral and burial expenses.
Lost wages the deceased incurred between the time of injury and death.
The deceased's conscious pain and suffering before their passing.

7. How long do I have to file a wrongful death claim?

In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person's death. It is critical to adhere to this deadline, as failing to file within this two-year window will almost always result in the court dismissing your case.

While there are some very limited exceptions that can extend this deadline, it is wise to act promptly. Consulting with an attorney as soon as possible ensures that evidence can be preserved and your claim can be filed correctly within the legal time frame.

8. Can a claim be filed if the deceased was partially at fault?

Yes, a claim can still be filed even if the deceased was partially responsible for the incident that led to their death. Texas follows a "proportionate responsibility" rule, also known as modified comparative fault.

Under this rule, you can still recover damages as long as the deceased's share of the fault is 50% or less. However, any compensation awarded will be reduced by the percentage of fault assigned to the deceased. For example, if the damages are $1 million but the deceased was found to be 10% at fault, the recovery would be reduced by $100,000, for a total of $900,000. If the deceased is found to be 51% or more at fault, no damages can be recovered.

9. What is the difference between a wrongful death claim and a criminal case?

A wrongful death claim is a civil matter, while a homicide case is a criminal one. A criminal case is brought by the state to punish the wrongdoer for breaking the law, with potential penalties including fines and imprisonment. The standard of proof is "beyond a reasonable doubt."

A civil wrongful death claim is brought by the family to seek financial compensation for their losses. The standard of proof is a "preponderance of the evidence," meaning it is more likely than not that the defendant is responsible. A person can be found liable for wrongful death in a civil court even if they are acquitted in a criminal trial.

10. Do I need an attorney to file a wrongful death claim?

While you are not legally required to have an attorney, navigating a wrongful death lawsuit is incredibly complex. These cases involve strict deadlines, intricate legal procedures, and a deep understanding of Texas law. An experienced wrongful death attorney can manage every aspect of your case.

An attorney will handle investigating the incident, gathering evidence, calculating the full extent of your damages, negotiating with insurance companies, and representing you in court if necessary. This allows you and your family to focus on grieving and healing while a professional advocates for your rights and seeks the justice you deserve.

After an accident, don’t face it alone.The Piri Law Firm is here to help.

The Piri Law Firm is dedicated to supporting individuals after an accident, providing legal advocacy and guidance to secure fair compensation and justice. While handling the legal complexities, we prioritize clients’ recovery and well-being, offering trusted support during challenging times.

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