Losing a family member in an accident, and that too due to another’s fault, can bring you a lifetime of sorrow. While nothing can fulfill their presence in your life, only fairly served justice can soothe your pain. Consequently, filing a wrongful death lawsuit that seeks justice and fair compensation for your damage should be considered.
A wrongful death lawyer in Houston can help you during such difficult times. While no money can replace your loved ones, wrongful death lawsuits can relieve your financial stress. Whether understanding the process, family rights, and consequences of proceedings, searching for a top wrongful death lawyer in Houston can help mitigate the repercussions of the case.
An Understanding of the Texas Wrongful Death Statute
The Texas Wrongful Act is referred to from the Texas Civil Practice and Remedies Code, which explains who can bring a wrongful death claim. According to the statute, the surviving spouse, parents and children of the victim can file the claim and represent the lawsuit.
Also, an estate can file the case here, and the executor or administrator can bring the claim to court. The statute allows them to get the claim for the estate. Here are the most common recovery of damages that included the loss:
- Loss of life partner or companionship,
- Society, love and affection,
- Mental anguish,
- Consortium,
- And loss of Inheritance
Additionally, the statute of wrongful injury in Texas allows the estate to file a survival claim. This explains if a victim has survived, a case can be filed to recover damages related to the injuries, such as:
- Disability
- Disfigurement
- Medical bills
- Pain and suffering
- Loss of enjoyment of life
- the deceased mental anguish
- Othe personal injury damages before death.
Family persons can seek compensation for both their survival and death loss. However, the statute also provides a deadline of two years to file the claim. Failing to do that can prevent the estate or the family from getting justice and compensation for the loss.
Common causes of wrongful deaths in Houston
In Houston, some common incidents are covered under personal injury laws. Hence, you can file a claim for compensation and justice for your loss. Here are some common types of incidents that are entitled to wrongful death cases:
- Dangerous products
- Car or motor vehicle accidents
- Workplace accidents
- Construction accidents.
- Drunk driving accidents.
- Slip and falls.
Depending on the wrongful death case type, a wrongful death lawyer in Houston can investigate the case with full potential.
Avenues of Proving Negligence
Proving the fault or the negligence of the defendant is important to file a wrongful death lawsuit and for compensation. To establish a negligence claim, these elements need to be proven:
Duty of care
The defendant owned a legal duty of care towards the plaintiff, such as following the traffic while driving. Failing to perform is considered negligence and proves the defendant was at fault during the accident.
Breach of Duty
The violation of duty occurs when the defendant fails to respond to their duty of care. This could be done through action or harmful intention.
Causation
To consider the fault, it must be understood that there must be a direct link between the breach of duty and the harm suffered. Formed with two opinions: the damage was intentional, or it would not have occurred but have caused damage to the victim by mistake.
Damage
Damage is considered when the plaintiff has suffered actual harm or injury, such as physical, emotional, or financial, due to a breach of duty. However, the victim can not pursue any negligence claim without provable damages.
How does a wrongful death lawyer help?
Losing a loved one in a wrongful death case is disheartening. In such a situation, a top wrongful death lawyer in Houston can help you navigate this difficult time. Here’s a procedural outline of how a wrongful death lawyer can address your case:
- Understanding your family situation is the first thing a professional wrongful death lawyer will initiate. Doing so lets them know the total value of damage or loss your family has borne. Building strong relationships can ensure you get the best legal guidance in your case and get the compensation you deserve.
- The essential part of wrongful lawsuits is investigating the surroundings of your case and collecting just evidence. To build a strong case, your lawyer will take eyewitness statements, review medical and police reports and compile these legal documents for presentation.
- Based on the investigation, they will prove the at-fault party’s negligence and file for a compensation claim. Your lawyer can directly approach the defendant’s insurance company and negotiate your claim.
- Failing to adjust the claim out of court, he can file a lawsuit to prove your damage. He will ensure the compilation and timely presentation of the documents.
- Once the compensation is approved, he ensures your compensation package is handled appropriately.
Conclusion
By hiring an experienced wrongful death lawyer, you gain a strong advocate who will support you every step of the way. From investigating the case to negotiating with insurers and representing you in court, they work tirelessly to ensure justice is served and your family is cared for.
