Wrongful Death Attorneys Houston can help you navigate the complex process of filing a lawsuit for wrongful death. They can gather crucial evidence and interview witnesses to prove that another party was negligent in causing your loved one’s death.
Texas is a comparative negligence state, meaning that a family can recover damages even if they are partially at fault for their loved one’s accident. However, they won’t be able to recover the maximum compensation.
What is a Wrongful Death Claim?
Wrongful Death Attorneys Houston are civil cases that a family can file against the person who caused the untimely death of their loved one. They are separate from criminal charges and the standard of proof is lower in a civil case than it is in a criminal prosecution for murder or manslaughter.
Most wrongful death cases arise out of car accidents, medical malpractice, product liability or other types of negligent conduct that results in the injury and subsequent death of another. They can also arise from police misconduct or workplace accidents.
Wrongful Death Attorneys Houston can be filed by the personal representative of the deceased person’s estate or by a spouse, child or other dependent who suffered damages as a result of their loved one’s death. Depending on the state, these people may be entitled to recover economic loss, conscious pain and suffering or punitive damages.
Damages can include medical expenses, funeral costs and lost financial support from the surviving family members. They may also be awarded for pain and suffering and losses that were not directly incurred by the decedent, such as their love, care, counsel and companionship.
Wrongful Death Attorneys Houston In addition to monetary compensation, a wrongful death lawsuit may provide survivors with a sense of justice and closure. It can also deter similar behaviors from occurring in the future.
Many wrongful death cases can be settled out of court, but they can also go to trial. If you want to get the most out of your wrongful death suit, you should hire an attorney as soon as possible.
Wrongful Death Attorneys Houston The lawyer you choose can also help you figure out which parties are liable and whether you can collect all of the damages you are entitled to. He or she will help you understand the process of filing a wrongful death claim and ensure that all the necessary evidence is collected.
You can then make your claim through the responsible party’s insurance company or municipality, if they are liable for the accident. After you file your wrongful death claim, the insurance company or municipality will assess your demand and send a settlement offer to you. You and your wrongful death lawyer then determine whether the settlement offer is fair or not and decide to accept it or reject it.
Who Can File a Wrongful Death Claim?
Wrongful Death Attorneys Houston When a loved one is killed as the result of someone else’s negligence or intentional act, surviving family members can file a wrongful death lawsuit. This can help families recover damages for their losses and lessen their financial burdens associated with their loss.
A wrongful death lawsuit can also help families hold the responsible party accountable for their actions and deter others from putting themselves at risk in similar ways. Wrongful death cases can be complicated, and it is often best to have an experienced wrongful death attorney represent you in your case.
Wrongful Death Attorneys Houston The first consideration is whether you are the person authorized by your state’s statute to file a wrongful death claim. Each state sets its own rules regarding this, so it is important to know your own laws before pursuing legal action.
Adult children: Any adult child of a decedent may file a wrongful death suit. This includes biological and fully adopted children. If there are minor children survivors, their rights to file a wrongful death suit last until they reach the age of 18.
Wrongful Death Attorneys Houston Spouses: Any spouse who completed a divorce before the individual’s death is no longer considered a spouse. However, if the individuals were still legally married or satisfied a common law marriage at the time of the victim’s death, they may bring a wrongful death suit.
Same-sex couples: In some cases, same-sex couples may be eligible to file a wrongful death lawsuit under local rules. If you are unsure about whether you can file this type of case, talk with a Houston wrongful death attorney to learn more.
Wrongful Death Attorneys Houston Parentage: If a surviving child does not have a birth certificate, it can be difficult to prove their parentage. This can be a serious concern, as it can be difficult to determine whose responsibility it is to raise the child and who has custody.
If you are a parent who has lost a child, it is important to seek the advice of an experienced wrongful death lawyer immediately. It is critical to establish your rights as the legal parent of the child before filing a wrongful death claim.
Statute of Limitations
Wrongful Death Attorneys Houston When a loved one dies in an accident, the loss of a family member is devastating. It can be difficult to pick up the pieces and move forward in life, but you must get help from a Houston wrongful death attorney as soon as possible.
Bringing a claim against the responsible party can provide compensation for financial support and pain and suffering, as well as help your family get closure. It can also serve as a way to educate others about how negligent behavior leads to fatal accidents.
Wrongful Death Attorneys Houston There are many different factors that can affect the statute of limitations for a wrongful death lawsuit. For instance, it can depend on whether your loved one died as a result of the defendant’s negligence or intentional misconduct.
If your loved one died as a result of exposure to a dangerous substance, the defendant may argue that the date of discovery was before your loved one’s death. In these situations, you may need to pursue a wrongful death claim much sooner than the standard two years after your loved one’s death.
Wrongful Death Attorneys Houston In Texas, the statute of limitations for wrongful death claims is two years from the date of your loved one’s death. However, there are some exceptions to this rule that must be considered when filing your case.
For example, if your loved one’s death was caused by medical malpractice, the statute of limitations for your wrongful death claim will only be two years from the date you discovered the negligence that led to your loved one’s death.
Wrongful Death Attorneys Houston Other cases that have a longer statute of limitations are those that involve governmental entities or agencies. These laws can be complex and require special legal counsel to navigate.
If you have lost a loved one in an accident that was caused by the negligent or reckless actions of another person, it is important to speak with a Houston wrongful death lawyer as quickly as possible. An experienced wrongful death attorney can guide you through the process of filing a wrongful death claim and provide you with the justice and financial support that you deserve.
What Can a Wrongful Death Lawyer Do for You?
Wrongful Death Attorneys Houston can do a lot of things to ease your mind and ensure you get justice for the passing of your loved one. They can investigate the accident, figure out liability, and advise you on your legal rights in a lawsuit. They can even file the case and handle all of the details so that you don’t have to.
A wrongful death attorney can also help you build a strong case against the at-fault party, so that you get the compensation you deserve. That can involve collecting evidence, gathering witnesses, and reviewing police reports or other documents related to the incident.
Wrongful Death Attorneys Houston For example, if your relative died in a car accident, an attorney could review the police report, eyewitness statements, and surveillance camera footage. He or she may also talk to the other driver to learn what caused the crash and whether he or she violated traffic laws.
They can also review medical records to find out if the doctor that treated your family member was negligent in his or her diagnosis, treatment, or prescriptions. That can help establish medical malpractice in your wrongful death claim.
Wrongful Death Attorneys Houston Finally, a wrongful death lawyer can calculate damages for lost income that your loved one would have earned had he or she survived the accident. This could include wages that they earned while working and the amount of taxes they owed while alive.
These damages can be divided up into economic and noneconomic categories, depending on the state’s wrongful death statute. For example, the law may allow you to recover damages for funeral and burial expenses as well as medical bills that your loved one would have paid had they lived longer.
Wrongful Death Attorneys Houston Intangible losses, such as pain and suffering, loss of companionship, or loss of emotional support can also be included in a wrongful death suit. These can be compensated as part of a settlement, though you must prove each type of damage and assign it a value.
Wrongful Death Attorneys Houston If you’re ready to pursue a wrongful death claim in Houston, it’s important to consult with an experienced wrongful death lawyer as soon as possible. There are limits on the time you have to file a claim, and the sooner your attorney can begin investigating the cause of your loved one’s death, the better chance he or she has of building a strong case and recovering the full compensation you’re entitled to.