When a preventable accident or wrongful act leads to someone losing their life prematurely, the repercussions of that incident will last for years or even decades. At KGS Law Firm, our goal is to comfort you through the process and guide you on how to make it through this experience. You are not alone when you hire our law firm. Whether it is a spouse, a child, a sibling, or other relative, it is a painful process to endure when you lose someone you love as a result of negligence.
Mourning is an important process after losing someone – a process that takes time and should not be rushed. While you adjust to living a life without your loved one, we will fight to make sure the negligent party and the insurance company pay for what they have done. While financial compensation from a civil settlement or lawsuit cannot equate to the value of your loved one’s life, it could still be key to preserving your and your family’s long-term interests after such a devastating and sudden loss.
Learn about your options from a Houston wrongful death lawyer in a confidential setting so you can make an educated decision for your family’s needs and circumstances. If you do decide to pursue a claim, your seasoned personal injury attorney could be a tireless advocate for your rights from start to finish of your legal proceedings.
Possible Grounds for Wrongful Death Litigation
According to Texas Civil Practice & Remedies Code §71.002, a person or entity may bear civil liability for causing someone else’s death through wrongful or negligent actions or inaction. Specifically, it is possible to file a wrongful death suit when someone’s actions would have given the deceased person the right to file their own personal injury lawsuit had they survived the incident in question. A lawyer in Houston could discuss in detail whether a particular situation might justify a wrongful death lawsuit during an initial consultation.
Notably, wrongful death claims are civil cases that exist separately from any criminal charges that may stem from the same incident. Furthermore, if someone causes another person’s untimely death through a criminal act, the outcome of the criminal case can be used as evidence to strengthen a civil claim for damages.
How Wrongful Death Cases Work in Houston
According to TX Civ. Prac. & Rem. Code §71.004, the only people who can pursue wrongful death claims on the decedent’s behalf are the decedent’s spouse, children, and parent(s) in that priority order. If none of these individuals are available or file such a claim within three months of the decedent’s death, the executor or administrator for their estate may pursue litigation on the decedent’s behalf, unless the aforementioned family members specifically request that they not file suit.
A successful wrongful death claim may allow recovery for various damages experienced by surviving family members due to their loved one’s premature passing, including:
- Lost financial support, including lost future inheritance and earning capacity
- Lost household support and services
- Lost advice and counsel
- Lost companionship, comfort, and “society”
- Emotional pain and suffering
As a wrongful death lawyer in Houston could explain in further detail, exemplary—or “punitive”—damages may also be available in extreme situations involving egregious negligence or a “willful act or omission” by the defendant(s).
Consider Working with a Houston Wrongful Death Attorney
We all must deal with death at some time in life. It is unfortunate when it happens sooner than later, especially if it’s because of the negligence of someone else. You cannot put a price on life, so valuing the life of a loved one in the context of a civil claim is tough.
No amount of money can compensate someone for the loss of a loved one. Our firm will not put a value on your loved one’s life, but we will fight for every dollar we can to show you that your loved one’s life mattered.
Guidance is available from compassionate legal professionals who know how hard these cases can be and have worked diligently on behalf of families like yours to seek numerous successful case outcomes in the past.
A conversation with a Houston wrongful death lawyer could help you understand your rights and make a proactive plan of action for your family’s future. Call today to schedule a meeting.