Losing a loved one is never easy, and it can be especially devastating when someone else’s negligence or recklessness causes their loved one’s death. Houston wrongful death lawsuits can provide legal help for grieving families in these situations.
Houston wrongful death lawsuits are legal claims brought by the surviving family members of a person who has died due to another party’s negligent or intentional actions. These lawsuits seek to hold the responsible or negligent party accountable for their actions and to provide financial compensation to the family members left behind.
The types of incidents that can lead to wrongful death lawsuits in Houston include car accidents, medical malpractice, workplace and criminal acts such as homicide. To pursue a wrongful death lawsuit, the surviving family members must be able to prove that the wrongful death claim was caused by the negligence or intentional actions of the defendant and that they suffered damages as a result.
Who can file a wrongful death lawsuit in Houston?
The answer depends on the circumstances of wrongful death lawyer the case. Under Texas law, the following individuals may be eligible to file a wrongful death lawsuit:
Spouse: If family member of the deceased person was married, their spouse has the right to file a wrongful death lawsuit.
Parents: If the deceased was unmarried and had no children, their parents could file a wrongful death lawsuit.
The executor or Personal Representative: If none of the above individuals can file a successful wrongful death lawsuit themselves, the executor or personal representative of the deceased individual’s estate can initiate a wrongful death lawsuit on behalf of the estate.
It’s important to note that the eligibility to file a wrongful death lawsuit can also depend on the case’s specific circumstances.
What damages can be recovered in a Houston wrongful death lawsuit?
They can help you understand your legal rights and guide you through pursuing compensation.
Here are some of the damages that can be recovered in a Houston wrongful death lawsuit:
Economic damages: These can recover damages are the tangible losses the surviving family members have suffered due to the death. Economic damages include medical expenses, funeral and burial expenses, lost wages, and other financial losses.
Non-economic damages are the intangible losses the surviving spouse or family members have suffered due to the wrongful death action itself. Non-economic damages can include emotional distress, loss of companionship, and loss of consortium.
Punitive damages: In cases where the wrongful death claims it was caused by wrongful act, intentional misconduct or gross negligence, the court may award punitive damages. Punitive damages are meant to punish the wrongdoer and deter others from engaging in similar behaviour.
Calculating Damages in a Lawsuit for Wrongful Death
First, it’s important to understand what wrongful death damages are. Damages refer to the monetary compensation awarded to the plaintiff (the deceased’s family members) in a lawsuit. In a wrongful death lawsuit, damages can be broadly classified into economic and non-economic.
Economic damages are intended to compensate the plaintiff for financial losses resulting from the wrongful death suit because of wrongful death statute their loved one. These can include:
Loss of income: If the deceased was the primary breadwinner in the family, the plaintiff may be entitled to compensation for the income they would have earned if they had not died.
Funeral expenses: The cost of a funeral and burial can be significant, and the plaintiff may be entitled to reimbursement for these expenses.
Medical expenses: If the deceased incurred medical expenses due to the accident personal injury claim or incident that led to their death, the plaintiff may be entitled to compensation.
Loss of benefits for wrongful death victim: The plaintiff may be entitled to compensation for the loss of benefits for wrongful death victims such as health insurance, retirement benefits, and other benefits that the deceased would have received had they not died.
Non-economic damages, on the other hand, are intended to compensate the plaintiff for the emotional pain and suffering they have experienced due to the loss of their loved one. These can be just a few examples and include:
Loss of companionship: The plaintiff may be entitled to compensation for the loss of the deceased’s companionship, comfort, and guidance.
Mental anguish: The plaintiff may be entitled to compensation for the emotional pain and suffering they have experienced as a result of the death of their loved one.
Loss of consortium: The plaintiff may be compensated for losing the deceased’s love, affection, and sexual intimacy.
How can a Houston wrongful death attorney help?
- A wrongful death attorney can help grieving families navigate the legal process after losing a loved one due to someone else’s negligence or misconduct.
- These attorneys have experience handling wrongful death cases in Houston and can help families understand their legal options.
- They can investigate the circumstances surrounding the death and determine whether the family has a case for wrongful death.
- Attorneys can work with insurance companies, medical providers, and other parties involved in the case to negotiate a settlement or prepare for a trial.
- They can also help families recover compensation for medical bills, funeral expenses, lost wages, and emotional pain and suffering.
- Wrongful death attorneys can provide emotional support to families during difficult times and protect their legal rights.
- If necessary, they can also represent families in court and argue their case to a judge and jury.
If you are dealing with losing a loved one due to someone else’s negligence, it’s important to contact a Houston wrongful death attorney as soon as possible to protect your legal rights and seek justice.
Tips for finding the right attorney for a wrongful death case in Houston
- Look for experience: When it comes to wrongful death cases, experience is key. Look for an attorney with a track record of success in handling similar cases. They should have a deep understanding of Texas wrongful death laws and be able to navigate the complexities of the legal system.
- Consider their communication skills: Communication is essential when working with an attorney. Look for someone responsive and willing to answer your questions. They should be able to explain the legal process in a way that is easy to understand and keep you updated on the progress of your case.
- Check their credentials: Make sure the attorney you choose is licensed to practice law in Texas and is in good standing with the state bar association. You can also look for certifications and awards demonstrating their expertise in wrongful death cases.
- Evaluate their reputation: Look for online reviews and testimonials from past clients. You can also request referrals from friends and family members in a similar situation. A reputable attorney will have positive feedback and a strong reputation in the legal community.
- Schedule a consultation: Before hiring an attorney, schedule a consultation to discuss your case. This will allow you to assess their communication skills, ask questions, and evaluate their experience and credentials. You should feel comfortable with the attorney and confident in their ability to represent you.
Fortunately, if the fatal accident was caused by the negligence or recklessness of another party’s negligence, the deceased’s family may be able to seek justice and compensation through a wrongful death lawsuit. This is where Car Wreck Houston can provide invaluable legal help for grieving families.
At Car Wreck Houston, our experienced attorneys understand the emotional and financial challenges of losing a loved one in a car accident. We are committed to fighting for our clients’ rights and securing the compensation they deserve.