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07/15/2022

Finding the right wrongful death lawyer in Houston is difficult, but you can make it easier by knowing what cases the attorney will take.

The loss of a loved one can change your life in ways you never thought possible, especially if someone else's negligence or recklessness caused the death. The last thing you need to worry about right now is that you can't afford to hire the right attorney to handle your case, but our team at Calhoun Meredith will work hard to make sure that this isn't an issue. Call us today for a free case review, and we'll see what we can do for you.

What Is a Wrongful Death Claim?

Wrongful death is the sudden and unexpected loss of life caused by another party's actions (or inactions). These cases often involve accidents caused by drunk drivers, defective products, or medical malpractice.

Either way, surviving family members can sue for damages sustained as a result of the person's death. These damages include both economic losses (such as funeral expenses and lost wages) and non-economic losses (like mental anguish).

Ultimately, wrongful death cases are about compensating those left behind after someone dies. If you think your family may have grounds for a wrongful death claim, it's in your best interest to consult with an experienced wrongful death lawyer in Houston.

Who Can Sue for A Wrongful Death Suit in Texas?

Any wrongful death case must be filed by an eligible family member, an executor, administrator, or person who has been appointed by the court to handle the legal claims of someone who has died. If no will is available, any family member can file suit, but that only applies if that person would normally inherit under Texas probate laws.

Leading Causes of Wrongful Deaths in Texas

The leading causes of wrongful death in Texas involve car crashes, workplace injuries, violent crime, etc. Each year, thousands of people die needlessly due to negligence or misconduct on someone else's part.

Sadly, some of these tragedies could have been prevented if just one individual had exercised proper judgment or taken precautions. Other leading causes of wrongful deaths in Houston include but are not limited to:

  • Trucking accidents
  • Offshore or maritime accidents
  • Airplane accidents
  • Defective products
  • Medical malpractice
  • Motorcycle accidents
  • Drunk driving accidents
  • Distracted driving
  • Construction accidents
  • Workplace accidents
  • Bicycle Accidents
  • Pedestrian accidents

Types Of Wrongful Death Cases

The death of a loved one is never easy to deal with, but when it's the result of someone else's negligence or malice, the experience can be especially devastating.

If you've lost someone you love because of someone else's reckless behavior, you may want to consider hiring a wrongful death lawyer in Houston to help you recover damages from the responsible party. Here are some of the different wrongful death cases a Houston lawyer might take.

  • A Case Involving an Automobile Accident

Automobile accidents are among the most common scenarios that may cause wrongful death. When someone loses their life due to an accident caused by another individual, it can create a huge burden on both survivors and family members.

An automobile accident does not always mean another party accountable is at fault for causing an accident; however, there may be times when negligence plays a role. If you have lost a loved one due to an automobile accident, it is important to discuss your case with a wrongful death lawyer in Houston.

An attorney can help determine if you have grounds for filing against parties that may be responsible for your loved one's passing.

  • A Case Involving Negligence by a Business Owner

A wrongful death case involving negligence by a business owner is often referred to as negligent entrustment.

Negligent entrustment involves an employee or contractor whose actions cause injury to someone who is not employed by or working with them. The wrongful death claim may be filed against both parties: an employee/contractor and their employer.

The reason it's called negligent entrustment is because the negligent party provides another with something (in most cases, it is something like equipment), and that liable party knows or should know that providing it could cause harm to someone else.

  • A Case Involving Medical Malpractice

A wrongful death lawsuit will likely be successful if brought on behalf of an individual who died due to medical malpractice. However, evidence is essential for a wrongful death lawsuit to be taken seriously.

That's why it's so important for families affected by such a tragedy to document any strange or suspicious circumstances surrounding their loved one's death immediately after it occurs. The more evidence you can provide, the better.

You should also gather as much information as possible about your loved one's illness or injury and how they were cared for before their death. For example, you'll want to know how long they spent hospitalized after becoming ill or injured and what symptoms led them to need medical care.

Medical malpractice cases are difficult. If you're dealing with this type of situation, call a wrongful death lawyer in Houston for legal advice on how to proceed.

Damages Recovered in Wrongful Death Claims

If you've lost a loved one due to someone else's negligence, you may have the right to seek compensation through a wrongful death claim.

Generally, two wrongful death damages can be recovered in such claims: economic and non-economic damages. Read on to learn more about the compensation you could be entitled to in a successful claim.

  • Punitive damages

One type of recovery that is becoming more common, but not fully accepted by judges, is punitive damages. Punitive damages exist not specifically to compensate a victim but to punish the at-fault party if their actions were intentional or malicious. Because most states do not allow these types of claims, you should make sure you are familiar with each state's laws regarding wrongful death and negligence.

Judges have taken varying stances when awarding punitive damages for wrongful death; some have decided to award them while others have denied requests from plaintiffs.

If your state allows for these types of recoveries and if you are willing to file your claim in state court instead of federal court, then it might be worth considering seeking punitive damages if your loved one's death was caused by someone else's intentional misconduct or reckless behavior. If you'd like to seek punitive damages, you should discuss your case with a wrongful death lawyer in Houston and get their professional opinion.

  • Economic Damages

These damages cover expenses incurred as a result of the accident. They can include things like funeral costs, medical bills, and lost wages. Of course, if your loved one was married or had dependents, their spouse and children may be able to file a wrongful death claim for their losses. Some courts have established caps on economic damages, but these vary state by state.

The defendant's liability is also capped, meaning that you cannot recover more than a certain amount for your economic damages. In addition, there may be other caps on economic damages in your state, depending on whether or not there are any surviving dependents or spouses.

For more information on what types of damages you can recover, consult a wrongful death lawyer in Houston.

  • Non-economic damages

This type of damage is compensation for pain and suffering. For example, if you've lost a loved one due to an accident, you may suffer from grief, depression, or other mental health problems, including reduced quality of life.

When determining how much to award for non-economic damages, juries consider things related to personal losses, grief, and emotional losses, such as loss of companionship.

  • Pain and suffering damages

The death of a loved one is painful, and it often leaves family members with an emptiness that can never be filled. Pain and suffering damages are designed to compensate for your emotional pain and loss.

When calculating pain and suffering damages, there are several factors to consider. For example, you should be compensated for any financial losses that resulted from your loved one's death and any physical or emotional harm you experienced due to their passing.

Suppose your relationship with your loved one was particularly close, such as a child's parent or a spouse. In that case, you may also have additional grounds for seeking maximum compensation for loss of care.

Reach Out to a Wrongful Death Lawyer in Houston Today

If your loved one passed away due to someone else's carelessness, negligence, or intentional action, you might have grounds for filing a wrongful death lawsuit. A wrongful death lawsuit is essentially an extension of personal injury claims but on behalf of those who are no longer living.

Depending on your situation, there may be grounds for filing suit against both parties directly responsible for your loved one's death and those who contributed to their death.

Before making any decisions about legal action, it is important to reach out to an experienced wrongful death lawyer in Houston who can help determine if you have viable grounds for such action.

Contact our law firm today at 855-664-0273 for a free consultation, and we will try our best to help you through this difficult time.

Consulta Gratis
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