WRONGFUL DEATH
WHAT IS A WRONGFUL DEATH?
Losing a close family member or spouse is a crushing blow, but such a loss can feel even more tragic and crushing when that loss is the result of an avoidable accident or the reckless acts of another. If you’ve lost a loved one due to someone else’s actions, you may have a right to compensation through a wrongful death lawsuit. For claim, you can get the help of Houston wrongful death attorney. A wrongful death is a negligent act that results in death due to careless actions — or inactions — by an individual or company. These wrongful deaths can include improper or untimely medical care and defective product distribution and use. Pursuing a Houston wrongful death claim requires proper evidence that the responsible party acted in a careless manner and that the cause of the accident could have been avoided had the other party exhibited reasonable caution.
WHO CAN SUE FOR A WRONGFUL DEATH IN TEXAS?
In the state of Texas spouses, children or even parents of the deceased have the legal right to file a wrongful death suit on behalf of a loved one they have lost. These cases are usually brought by a representative of the estate on behalf of the family seeking monetary damages for their losses.
CAUSES OF WRONGFUL DEATH IN TEXAS
Some of the most common types of accidents that result in wrongful death include:
CAR WRECKS (INCLUDING DRUNK DRIVING AND DISTRACTED DRIVING)
PREMISES LIABILITY
18 WHEELER CRASHES
MOTORCYCLE ACCIDENTS
WORK-RELATED ACCIDENTS
MARITIME OR OFFSHORE ACCIDENTS
AIRPLANE ACCIDENTS
DANGEROUS OR DEFECTIVE PRODUCTS (EXPOSURE TO ASBESTOS LEADING TO MESOTHELIOMA OR CANCER)
MEDICAL MALPRACTICE
PROVING NEGLIGENCE IN A WRONGFUL DEATH CLAIM IN HOUSTON
Although there are innumerable causes and scenarios that can result in a wrongful death suit, the following elements must be clearly established in order to sue for damages:
DUTY OF CARE
There must be sufficient evidence to illustrate to the court that the responsible party used ill caution in the time of the accident and failed to comply with safety regulations. This could apply to vehicle operators, property owners, physicians, workplace supervisors and product manufacturers that weren’t following established standards that resulted in an avoidable and lethal accident.
BREACH OF DUTY OF CARE
There must be proof that the party responsible for the injury breached the mandated duty of care that was in the wrongdoer’s capacity to adhere to. This could include disregarding traffic safety regulations, property or workplace conditions not being up to code, product defects or errors made by healthcare practitioners.
CAUSATION
Not only must the case prove the negligent party acted illegally or acted irresponsibly, but it must also be evident that the oversight directly resulted in the death of another. The negligent action that caused the accident and the resulting death needs to be directly connected in order to pursue compensation for the surviving family.
FOR EXAMPLE :
a driver has a duty of care to those with whom they share the road to drive as a reasonable person would under the circumstances. This includes driving at a reasonable speed and avoiding dangerous or sudden maneuvers, but it can also include a duty to keep the car in reasonably safe condition with a functioning brake system and tires with a sufficient amount of tread.
FOR EXAMPLE :
a doctor who has a duty to care for a particular patient might breach that duty by failing to explore multiple possible diagnoses based on the patient’s symptoms, or by failing to follow established best practices for wound care after a procedure.
FOR EXAMPLE :
if a doctor breaches their duty of care to a patient by failing to explore multiple diagnoses for a patient, but that patient’s death is caused by an infection they acquired in the hospital, the doctor’s breach is not the cause of the patient’s death. However, if a nurse charged with caring for the patient negligently caused the patient to become infected by failing to adequately scrub up between patients, then that nurse’s breach of duty would be the cause of the patient’s death. In this case, a claim for wrongful death would be more appropriately filed against the nurse, not the doctor, as well as the hospital.
Although there are innumerable causes and scenarios that can result in a wrongful death suit, the following elements must be clearly established in order to sue for damages:
THE IMPORTANCE OF HIRING A HOUSTON WRONGFUL DEATH ATTORNEY
An experienced Houston wrongful death lawyer has the ability to communicate with insurance companies, financial institutions and corporations that may not work with a non-lawyer voluntarily. Simply put, legal individuals and companies respond to legal representatives in a timely fashion, and with clear answers. Contacting a Houston wrongful death attorney will start the investigation process where research is conducted to obtain the evidence necessary to win the maximum benefits due to you and your family as the result of your loss. An experienced and aggressive Houston wrongful death lawyer will gather all the pieces necessary and walk you and your family through the tedious legal process and inform you of your rights and options.
WRONGFUL DEATH BY NEGLIGENT
In Texas, exemplary damages are achievable and can be recovered when wrongful death is caused by a reasonable person acting in an irresponsible or grossly negligent manner. Exemplary damages are also referred to as ‘punitive damages.’ This is a process intended to hold the responsible party accountable for their gross negligence and to punish the culprit offering justice for the party that was wronged.
DAMAGES RECOVERED IN WRONGFUL DEATH CASES
When it comes to the type of damages that can be recovered in wrongful death cases, there are a number of components that are taken into consideration by the courts, including:
Funeral & Burial Expenses
Lost Benefits
Lost Earnings
Medical Expense Left Behind by the Deceased
Mental & Emotional Anguish
The types of damages that are covered include the sum of a complex calculating system the courts use to determine the settlement of a wrongful death suit. The equation is based on the deceased’s individual’s earning capacity and previous life expectancy, among a myriad of additional factors that vary by individual. If there is more than one beneficiary, the settlement will be distributed between them equally.
WHAT OUR CLIENT SAY
CASES WON IN YEARS
$ 3.47
MILLION
LEGAL FEES: $ 1,700,000
EXPENSES: $ 109,000
$ 3.47
MILLION
LEGAL FEES: $ 1,700,000
EXPENSES: $ 109,000
$ 3.47
MILLION
LEGAL FEES: $ 1,700,000
EXPENSES: $ 109,000
$ 3.47
MILLION
LEGAL FEES: $ 1,700,000
EXPENSES: $ 109,000
$ 3.47
MILLION
LEGAL FEES: $ 1,700,000
EXPENSES: $ 109,000
$ 3.47
MILLION
LEGAL FEES: $ 1,700,000
EXPENSES: $ 109,000
FREE CONSULTATION
A serious injury can leave a mark on your life in many ways, not the least of which is financially. Further, we charge no attorney fees until we obtain compensation for your injury case. Take advantage of our No Recovery, No Fee guarantee.
