A fatal accident can inflict overwhelming grief, shock, and disbelief on your family as you mourn the death of your loved one. As the reality of the loss sets in, waves of intense sadness and anger are common. The psychological effects can be profound and long-lasting, including depression, anxiety, and post-traumatic stress disorder.
A wrongful death claim is a legal action that surviving family members or the decedent’s estate pursue against the responsible party if the death was due to negligence, recklessness, or intentional acts. While no amount of money can replace a life, hiring a Houston fatal accident lawyer could help you navigate the complex legal process. An experienced wrongful death attorney from KGS Law PLLC could communicate with insurance companies and build a strong case to pursue fair compensation.
What Are the Common Causes of Fatal Accidents?
Motor vehicle crashes are among the most common causes of wrongful death. Fatal accidents often result from reckless or careless actions by a driver, such as:
- Drunk driving: Driving under the influence of alcohol or drugs
- Speeding: Driving too fast for road conditions or exceeding the speed limit
- Distracted driving: Texting, talking on a cell phone, eating, or engaging in any activity that diverts a driver’s attention from the road
- Reckless driving: Engaging in dangerous driving practices, such as tailgating, improper lane changes, and failing to yield the right-of-way
Fatal accidents are not limited to the road. Property owners and managers have a legal duty to keep their premises reasonably safe for guests and visitors. When a fatal incident occurs because of a dangerous condition on the property that the owner knew or should have known about, the family of the decedent may have cause to hire a Houston attorney to pursue a wrongful death claim.
Wrongful death can also occur as a result of medical errors when a healthcare provider or facility’s negligence leads to a patient’s death. Misdiagnosis, delayed diagnosis, and surgical or medication errors are just a few examples of medical negligence that may lead to a fatal incident.
Any intentional act of violence that results in death could be grounds for a wrongful death claim in civil court, regardless of whether any criminal charges are filed. While a criminal case seeks to punish the wrongdoer through incarceration or fines, a wrongful death civil case focuses on providing financial compensation to the victim’s family for their losses.
Taking Legal Action After a Fatal Accident
The period immediately following a fatal accident is critical for both grieving and preserving a potential legal case, which is why it is important to consult with a Houston attorney to identify evidence and investigate the incident. A lawyer could handle the legal complexities while your family focuses on what matters most.
In Texas, only the deceased’s surviving spouse, children, or parents can file a wrongful death claim. If no eligible family member files within three months of the death, a personal representative of the estate can do so, unless a family member objects. The filing deadline is generally two years from the date of the person’s death, and missing this deadline will likely prevent a claim from being heard in court.
Compensation awarded in a wrongful death lawsuit typically includes both economic and non-economic damages. Economic damages may include:
- Loss of inheritance
- Funeral and burial costs
- Medical expenses incurred before death
- Lost financial support from the deceased’s income
Non-economic damages cover intangible losses, such as emotional pain and suffering or the loss of companionship and society caused by your loved one’s death.
Hire a Fatal Accident Attorney in Houston Today
After a tragic and sudden loss, your family is likely dealing with immense grief and emotional trauma. Managing complex legal matters alone can be overwhelming and adds unnecessary stress during a difficult time.
Hiring a Houston fatal accident lawyer helps remove this burden, allowing you to focus on grieving and healing without the added pressure of legal proceedings. Contact our compassionate legal team at KGS Law PLLC to request your free case consultation.