Over a Century of Experience in Wrongful Death Litigation

At Webster Vicknair MacLeod, we understand that no amount of money can fully compensate you for the emotional affliction this circumstance has caused you, but it can serve as a means to help you recover financially. Our legal team has represented clients in complex personal injury claims for more than 120 years combined, giving us the insight needed to help you understand your rights as a survivor and seek closure by holding responsible parties accountable.

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What Is Wrongful Death?

A wrongful death occurs when an individual loses their life as a result of the negligent, reckless, or intentional conduct of another party. This can arise from various situations, such as car accidents, medical malpractice, workplace accidents, or criminal activities.

The basis for a wrongful death claim is that the decedent's demise was avoidable if not for the actions or omissions of the responsible party. Wrongful death laws are designed to hold accountable those whose actions have caused another's life to be cut short. By pursuing a wrongful death claim, the surviving family members can address the financial and emotional impact of their loved one's death, ensuring that such tragedies do not go unpunished.

Proving a Wrongful Death Claim

To succeed in a wrongful death claim and secure fair compensation for your family, certain essential elements must be established.

Duty of Care

The responsible party must have owed the deceased a duty of care. For instance, doctors have a duty to provide competent medical treatment, and drivers must follow traffic laws to ensure safety.

Breach of Duty

It must be shown that the duty of care was breached through negligent or intentional actions, such as medical malpractice, reckless driving, or failing to maintain a safe property.

Causation

There must be a direct connection between the defendant's actions and the death of the deceased. This means showing that the person would still be alive if it weren’t for such actions or omissions. Evidence such as medical records, accident reports, and expert testimony demonstrate that the breach directly led to the death.

Damages Incurred

Finally, your family must demonstrate that the defendant’s negligence caused specific, compensable losses. Your attorney can help you document the damages resulting from your loved one’s death, including medical expenses, property damage, lost income, funeral costs, and emotional pain and suffering.

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Who Can File a Wrongful Death Claim?

In Texas, only specific family members have the legal right to file a wrongful death claim. According to state law, this right is reserved for the deceased’s surviving spouse, children, and parents and applies to biological and adoptive family members. If these eligible 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 the claim instead. However, this only applies if the eligible family members do not object to the executor taking legal action. It’s important to note that siblings of the deceased are not permitted to file a wrongful death claim in Texas.

What Damages Are Awarded to Family Members?

  • Funeral and burial expenses
  • Medical costs
  • Loss of financial support provided by the deceased.
  • The cost of household services the deceased provided
  • Loss of companionship and support
  • Loss of consortium, which is the companionship, love, and support the decedent provided
  • Mental pain
  • Emotional distress
  • Punitive damages if the deceased family member’s death involved fraud, gross neglect, or malice
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Our Case Results

Sutherland Springs Church Shooting

$230,000,000

Federal Mass Tort Verdict

Holcombe Et Al. v. United States of America was a case related to the 2017 Sutherland Springs church shooting.

Lac-Mégantic Railway Disaster

$200,000,000

Train Derailment Settlement

Lac-Mégantic railway disaster was a 2013 train derailment and explosion case in Quebec, Canada.

On July 6, 2013, a 74-car freight train barreled unattended down a hill in the town of Lac-Mégantic, Quebec. The train, which was carrying Bakken formation crude oil, derailed and resulted in the fire and explosion of numerous tank cars. The aftermath led to the confirmed death of 42 people, with five more missing and presumed dead. Victims of this disaster are finally being compensated due in large part to the efforts of Attorney Jason Webster.

The railway line on which the disaster occurred is owned by Montreal Maine and Atlantic Canada LTD. (MMA). Early in January of this year, MMA was ordered to pay nearly $200 million in settlement funds to the victims of the Lac-Mégantic train crash.

Robbins Chevrolet Co. in Harris County

$15,300,000

Fatal Crash Verdict

Robbins Chevrolet Co. in Harris County was a case involving a fatal crash caused by a Robbins Chevrolet employee.

BNSF Railway Company

$3,250,000

Brain Injury Verdict

Tamela Lane v. BNSF Railway Company was a case involving a brain-injured passenger in a vehicle hit by a BNSF train in Bellville, Texas.

January 2015- Cause No. 72383; Tamela Lane, as Temporary Guardian of Ty-Amber Lane, An Incapacitated Person v. BNSF Railway Company, et al; In the 239th Judicial District Court of Brazoria County, Texas

Webster Vicknair MacLeodfights to a $3.25 million verdict for brain injured passenger of a vehicle who was hit by a BNSF train in Bellville, Texas. Jason Webster and Russell Serafin represented a 19-year-old girl who suffered a traumatic brain injury when the car she was a passenger in was struck by a BNSF train that killed the driver. After a Brazoria County jury was seated, the trial lasted 3 weeks and Jury found 50/50 on liability (between railroad and driver of the vehicle) and awarded funeral expenses to the driver of the vehicle and $3.25 million for the passenger of the vehicle. The driver of the vehicle ran a stop sign and stopped on the tracks before being struck. There was evidence that the driver was also on the cell phone at the time. The railroad argued that it was 100% the driver's fault.

18-Wheeler Accident

$800,000

Child Placement Agency Settlement

$775,000

A case against a child placement agency settled for $775,000 for negligent undertaking.

Slip & Fall Settlement

$410,000

Car Wreck

$225,000

A client had been hit by a commercial truck after another private truck driver had hit him.

A client had been hit by a commercial truck after another private truck driver had hit him. It both drivers ended up paying out the total gross settlement.

Policy Limit Settlement

$130,000

Of Counsel member, Joel Pardo successfully negotiated a settlement of $130,000 in a policy limits case.

Of Counsel member, Joel Pardo successfully negotiated a settlement of $130,000 in a policy limits case. We are honored to have represented our clients and fought to secure the compensation they were entitled to.

Slip and Fall Settlement

$100,000

A case on behalf of a plaintiff who slipped and fell on rainwater that had accumulated inside the covered parking garage of an upscale shopping mall in Houston.

A case on behalf of a plaintiff who slipped and fell on rainwater that had accumulated inside the covered parking garage of an upscale shopping mall in Houston. The garage maintenance company who failed to put any caution or wet floor signs out settled with her for $ 100,000.00. It happened at the end of a business day and it had been raining that whole day but no signs were ever placed.

Dog Bite

$77,500

Car Accident

$50,441

Omar Chawdhary receives $50,441.57 arbitration award for a young woman that was hit by a car while crossing the street with her mother in Glendale, Arizona.

Omar Chawdhary receives $50,441.57 arbitration award for a young woman that was hit by a car while crossing the street with her mother in Glendale, Arizona. Using the crosswalk, she and her mother were granted the right-of-way and entered the intersection. Without warning, a negligent motorist driving a jeep swung left through the intersection and struck the young woman in the chest.

The force of the impact was great enough to throw the young woman backward off the hood of the car. She suffered a broken wrist and substantial bruising and scarring. In order to recover from her wounds, she needed to be in a cast for 6 weeks and entered rehabilitation therapy sessions for her wrist, which lasted for more than two months. The medical bills were less than $25,000.

Mr. Chawdhary represented the young woman who was struck by the negligent jeep driver, during the arbitration session and also helped her build her argument. We are proud to be able to say that the arbitrator decided that our client should be awarded $50,441.57 in damages, which is more than twice her total medical bills.

Brian Quinn, Deceased; v. Federal Express Corporation

Settled for Confidential Amount

Webster Vicknair MacLeodsettles for a confidential amount for the death of a pilot in a plane crash in Kansas.

Webster Vicknair MacLeodrepresented a widower for the death of her husband after a tragic plane crash. On November 6, 2012, Pilot Brian Quinn took off from the Wichita airport, piloting a 1991 Cessna Caravan turbojet which was equipped with a Pratt & Whitney Canada engine, loaded with Federal Express cargo, heading for Garden City, Kansas.

Shortly after leaving the Wichita airport, the engine failed and quit working altogether, due to the failure and separation of a compressor turbine blade. When the turbine blade failed, it flew out of position, severing an oil line and/or the oil cooler, which caused oil to immediately spray all over the windshield, thereby depriving the pilot of vision out of the window.

Despite having no vision out the windshield of the plane and despite that the engine had completely failed, and could not make it back to the Wichita airport for a landing, Quinn made a perfect blind emergency landing in a nearby wheat field. After Quinn landed the plane but before it came to a full stop, the plane collided into a row of trees which Quinn could not see due to the oil on the windshield, and Quinn was killed.

There were several parties in this lawsuit and all but Federal Express either settled or were let out of the case. On the eve of trial, Federal Express settled with Webster Vicknair MacLeodand Mr. Quinn’s family for a confidential settlement amount. Cause number DC-13-13215; Gay Ann Quinn, on behalf of herself and as Administrator/Special Administrator of the estate of Brian Quinn, Deceased; v. Federal Express Corporation, Et. Al.; In the 134th Judicial District Court of Dallas County, Texas

Wrongful Death Claims We Handle

When searching for the right wrongful death attorney, it’s essential to find one with experience in the type of accident that took your loved one’s life. Hands-on experience in specific practice areas often makes a significant difference in the outcome of your case. At Webster Vicknair MacLeod, we’ve dedicated years to representing families after various wrongful death tragedies. We can help you understand your rights after a fatal incident involving any of the following:

  • Abuse or neglect
  • Accidental poisoning
  • Prescription errors
  • Car, motorcycle, airplane, or truck accidents
  • Construction, railroad, or workplace accidents
  • Dangerous property conditions
  • Defective products
  • Drowning
  • Dog attack
  • Medical malpractice or negligence
  • Mesothelioma/asbestos exposure

Our wrongful death attorneys are committed to holding negligent parties accountable. Filing a wrongful death claim or survival action can promote accountability, protect others, and provide your family with essential financial support. Contact our Houston wrongful death attorneys today for a free consultation to explore your options and pursue justice on behalf of your loved one.

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Webster Vicknair Macleod Is Here for Your Family

In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s death. However, certain exceptions may apply that could extend or modify this timeframe, such as cases involving minors or when the defendant has actively concealed evidence related to the wrongful act.

We know how distressing it is when someone you love or depend on has died, and trying to sort out the details to pursue legal action can be overwhelming without a knowledgeable and supportive legal ally on your side. Missing important deadlines can result in losing your right to pursue compensation, even if negligence is proven.

You don’t have to navigate this alone; our compassionate attorneys are here for you. Call Webster Vicknair MacLeod for help at (713) 396-5197, or contact us online. We operate on a contingency fee basis, so you don’t have to worry about paying a thing until we win your case.

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Choose an Experienced Wrongful Death Attorney in Houston

When you work with our team at Webster Vicknair MacLeod, you can expect the following:

  • Compassionate and personalized legal representation
  • Thorough investigation into the circumstances surrounding your loved one's death
  • Aggressive pursuit of justice and compensation on your behalf
  • Transparent communication and updates throughout the legal process
  • Peace of mind knowing that your case is in capable hands

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