Table of contents:
Introduction
Wrongful death is a civil cause of action brought by the family members of a person who has been killed due to the negligence or intentional act of another person or entity.
In Texas, a wrongful death action can be filed by the surviving spouse, children, or parents of the deceased person. The lawsuit must be filed within two years of the date of death.
Role of a Wrongful Death Lawyer in Houston
A wrongful death lawyer can help you file a wrongful death lawsuit and recover compensation for your losses. They can also help you navigate the legal process and ensure that your rights are protected.
If you have lost a loved one due to the negligence or intentional act of another person, you may be entitled to compensation. Contact a wrongful death lawyer in Houston today to learn more about your rights.
Causes of Wrongful Death in Houston
Wrongful death refers to a situation where a person’s death is caused by the negligent or intentional act of another individual or entity. In Houston, wrongful death cases arise from various causes, with the leading causes being medical malpractice, car accidents, and workplace accidents.
According to the Texas Department of State Health Services, medical malpractice is a significant contributor to wrongful deaths in Houston. In 2021, there were over 1,000 medical malpractice claims filed in the city, resulting in approximately 200 deaths.
Medical Malpractice
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Anesthesia errors
- Birth injuries
Car Accidents
Houston has a high volume of traffic, leading to numerous car accidents. In 2022, the Houston Police Department reported over 300 fatal car accidents, with many resulting from:
- Speeding
- Drunk driving
- Distracted driving
- Reckless driving
- Defective vehicles
Workplace Accidents
Houston’s industrial sector contributes to a significant number of workplace accidents. Common causes include:
- Falls from heights
- Machinery accidents
- Chemical exposure
- Electrical accidents
- Negligent supervision
Elements of a Wrongful Death Claim
In order to establish a wrongful death claim, the plaintiff must prove the following elements:
The defendant owed a duty of care to the deceased. This duty may arise from a variety of sources, such as a contractual relationship, a statutory duty, or a common law duty.
The defendant breached their duty of care. A breach of duty occurs when the defendant fails to act as a reasonable person would under the same circumstances.
The breach of duty caused the deceased’s death. The plaintiff must show that the defendant’s breach of duty was a substantial factor in causing the deceased’s death.
The survivors have suffered damages as a result of the death. Damages in a wrongful death claim may include compensation for lost income, loss of companionship, and pain and suffering.
Damages in Wrongful Death Cases
In a wrongful death case, the damages awarded to the plaintiff can be substantial. These damages are intended to compensate the plaintiff for the losses they have suffered as a result of the defendant’s negligence or intentional act.
There are two main types of damages that can be recovered in a wrongful death case: economic damages and non-economic damages.
Economic Damages
Economic damages are those that can be easily calculated and quantified. They include:
- Lost income
- Medical expenses
- Funeral expenses
- Loss of inheritance
Non-Economic Damages
Non-economic damages are those that are more difficult to calculate and quantify. They include:
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Mental anguish
Choosing a Wrongful Death Lawyer in Houston
In the aftermath of a wrongful death, selecting the right lawyer to represent your case is crucial. Here are some key factors to consider when choosing a wrongful death lawyer in Houston:
Experience: Opt for a lawyer with extensive experience handling wrongful death cases. Their expertise in navigating the legal complexities and understanding the nuances of wrongful death law can significantly impact the outcome of your case.
Success Rate
Inquire about the lawyer’s success rate in handling wrongful death cases. A proven track record of successful outcomes indicates their ability to achieve favorable results for their clients.
Fees
Discuss the lawyer’s fee structure and payment options upfront. Ensure transparency and clarity regarding their fees to avoid any unexpected financial burdens later on.
