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Everything to Know About Houston Wrongful Death Attorney
We sincerely hope that your interest in houston wrongful death attorney led you to this page. However, assistance from a qualified wrongful death attorney may be required if you have recently lost loved ones as a result of another person’s carelessness. And if you’re here for it, we are deeply sorry for your loss.
Numerous actions taken by a houston wrongful death attorney help grieving family members. They can look into the events leading up to your loved one’s death, determine who was at fault, inform you of your legal rights, and possibly file a lawsuit on your behalf to seek damages for the losses brought on by your loved one’s demise. If you’re in need of assistance from a wrongful death lawyer, below are several things about them that might be helpful for you.
What Does a Houston Wrongful Death Attorney Do?
A houston wrongful death attorney represents families who have lost a loved one as a result of another party’s negligence or wrongful behavior in civil cases happened in Houston. Wrongful death in Texas is described as “when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty.” In these situations, the estate of the deceased person may bring a civil lawsuit against the responsible party to seek monetary damages.
Lawyers who handle wrongful death claims frequently have prior experience in personal injury cases in addition to these civil litigation. A reliable houston wrongful death attorney can assist your family in holding the negligent parties financially liable for the losses you have endured. They also handle:
Investigating Death of Your Loved Ones
In wrongful death trials, the facts are frequently unclear. There can be various accounts of what transpired. That might occur as a result of real misunderstandings or bewilderment. However, it could also happen when a responsible person or entity tries to hide the truth or assign blame in order to avoid taking responsibility. A houston wrongful death lawyer can conduct an investigation to discover the truth.
An illustration would be the 33,654 fatal motor vehicle incidents reported by the National Highway Traffic Safety Administration (NHTSA) in 2018. A lawyer could examine the police record, statements from witnesses, and the statements of anyone who was in the car with your relative when the incident occurred if your loved one was killed in a car accident.
The houston wrongful death lawyer may learn that the crash, or the seconds just before or after it, was captured on camera by a nearby security system. A video may offer important proof that the other driver broke the law or drove carelessly. When constructing a wrongful death lawsuit, that information might be helpful. If a member of your family passed away as a result of a medical error, this is another typical type of wrongful death lawsuit. According to research from Johns Hopkins University, medical errors cause one in ten fatalities.
To ascertain whether the doctor who treated your relative adhered to the standard of care, a houston wrongful death attorney can examine medical records and seek the advice of one or more specialists. Suppose the investigation uncovers that the doctor misdiagnosed your family member’s ailment, administered a medication to which your relative was allergic or was contraindicated, or botched the procedure. That might make it easier for the defense team to prove the doctor’s misconduct. The team may use that information to support a lawsuit against the hospital where your relative received care.
They will Let You Know About Your Legal Rights
State rules on wrongful death cases differ from one another. Depending on where you reside, you might not be able to file a claim for damages. Some states only permit direct family members to file wrongful death lawsuits, while others permit distant relatives—and even nonrelatives—to do so under certain conditions. In some states, only the estate of the deceased person may initiate a wrongful death lawsuit; family members are not permitted to do so. The representative gives the money to qualified relatives if they win a financial reward.
The statute of limitations, which determines how long plaintiffs have to file a case, varies depending on the state. Depending on where you live, the time frame can be a year or longer. Even if you have a valid claim, you risk losing your right to sue if you miss the time for filing a case. The statute of limitations may be tolled (extended) under certain situations. What you need to know can be explained by a houston wrongful death attorney versed with the laws in your state.
They Can Help You Seek Financial Compensation
A houston wrongful death attorney may seek compensation for both financial and nonfinancial losses. Economic damages may include funeral and burial costs, medical expenses incurred prior to the death of your family member, and the loss of income that individual would have generated had they survived.
Assessing non-economic harms is more challenging. They might consist of:
- The suffering that your loved one went through before passing away
- The absence of the relative’s love, support, company, and care for the surviving
- The psychological suffering brought on by the wrongful death
In some cases, you could potentially file a claim for punitive damages. These additional damages serve as a deterrent to others to refrain from similar conduct and punish a liable party for particularly severe activity. A houston wrongful death attorney with experience managing wrongful death claims may review all the pertinent information and determine an appropriate level of compensation for your circumstances.
The houston wrongful death attorney has the option to file a lawsuit and make an out-of-court settlement agreement. Although many civil lawsuits are settled, this is not always the case. If that occurs, a lawyer may file a lawsuit and have a jury determine if you deserve compensation and how much, if any, you should receive.
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