If you have lost a loved one due to wrongful death, you deserve legal support from an attorney who is ready to represent you and fight for justice. A wrongful death lawsuit in Texas is separate from any criminal case that may result from this unfortunate circumstance and is intended to provide the surviving victims with compensation for this terrible loss. While we understand that no amount of money will be able to undo the pain of this situation, it is our hope that we can help you get financial support so that you can focus on getting your life back on track.
Read more below to learn about different examples of wrongful death, how compensation is calculated, and how we can help you through this difficult process. These cases are stressful, and it is our hope that we can protect you from this stress as you are trying to regain normalcy in your life. When you are confident that there is an experienced team who is looking out for your best interests, you can keep the focus on your emotional wellbeing without worrying about your legal rights.
Contact us now to schedule an initial consultation. During this first meeting, we will be able to discuss the specifics of your situation, give you insight as to how we can move forward, discuss how we have helped others in similar situations to yours, and determine how we can work together to get you the justice that you deserve.
What Is a Wrongful Death?
When someone dies as a result of another individual or party’s negligent or malicious act, it is considered a wrongful death. When a death is determined to be a wrongful death, it allows for a legal option for the surviving family to file a lawsuit against the responsible party in order to seek financial compensation for their suffering and their losses.
There are a variety of different ways that we can determine if a death was a wrongful act or not. The following are some common examples, or requirements to be present in the death in order to determine it as such:
- The victim was killed intentionally
- The victim died as a result of medical malpractice
- The victim was killed in an accident that resulted from negligence or wrecklessness of another.
In a wrongful death lawsuit, the victim (or, in this case, the survivors of the victim) has the burden of proof, meaning that we will need to go through every detail in the situation in order to provide ample, compelling proof that this is a legitimate case. Once we are able to establish that the defendant in our case is, in fact, responsible for the death of your loved one, then we will be able to move forward with the case.
Who Is Able To File a Wrongful Death Lawsuit?
There are strict guidelines in the state of Texas on who is legally able to file a wrongful death lawsuit after the death of a loved one. The list is as follows:
- Surviving children or legally adopted children
- Surviving parents or legally adoptive parents
- Personal representatives of the deceased’s estate
If you are uncertain of whether or not you are able to seek a lawsuit for wrongful death in your circumstances, we will be able to discuss the details of your own situation in our initial consultation and give you a better idea of your legal rights.
Calculating Damages in a Texas Wrongful Death Lawsuit
There are a variety of different factors that we will consider when calculating the amount that we truly believe that you deserve following this unfortunate event. We will go through every detail of your situation in order to compile a comprehensive list of damages, as well as the amounts that you are owed for them. Typically, we will divide damages into economic and non-economic, as well as short-term and long-term.
Economic damages apply to anything that has an actual, measurable dollar amount associated with them. This includes short-term impacts such as emergency medical care, surgeries, funeral costs, and any other expenses that stem from the accident itself. In addition, they will cover long-term impacts such as the loss of economic stability from the deceased, the cost of care and services needed that the deceased would have otherwise provided, and more.
There are many different economic damages that are suffered following a wrongful death, and we will work through all of the details to ensure that we have addressed and cataloged each impact to ensure that you are compensated for it.
Non-economic damages are more complicated than economic damage to calculate, simply because of the abstract nature of the damages themselves. They provide compensation for things like the pain and suffering that the victim endured, as well as the emotional impacts that this terrible accident has had on the surviving family members or the plaintiff. They will also cover things like the loss of companionship and emotional support, grief, and more.
In order to determine a dollar amount for non-economic damages, there are a variety of methods that can be employed. The most important thing to know about this process is that your attorney will work diligently to determine an understandable and fair amount of money that a judge and jury can see is reasonable.
Contact Us Today To Discuss Your Rights and Options
Following the traumatic event of losing a loved one to a wrongful death, we understand that you may feel overwhelmed with grief. We also understand that trying to understand each specific detail of your legal rights and what to expect from a complicated wrongful death lawsuit is likely too much to take on, which is why we want you to know that we will handle all that we can in order to reduce the stress that you must take on. To learn about how we work with clients in similar situations as your own, as well as how we can start to assist you through this process immediately, contact us now to schedule an initial consultation with an experienced wrongful death attorney in Houston.