Losing a loved one is an incredibly painful experience, but sometimes a loved one’s death is caused by someone else’s negligence or wrongdoing, the grief can be overwhelming. If you are in this heartbreaking situation, know you are not alone.
A Houston wrongful death lawyer can help you get closure and compensation. Our firm of Houston personal injury lawyers can guide you through this difficult time and fight for the justice your family deserves. Contact Cain Firm today for a free consultation about your situation.
Understanding Wrongful Death Claims in Texas
A wrongful death is when someone dies because of a “wrongful act, neglect, carelessness, unskillfulness, or default” of another party or entity (Civil Practice and Remedies Code Chapter 71). You can sue whoever caused your loved one’s death and win if you can prove it.
Wrongful death claims can arise from a variety of situations, such as:
- Car, truck, or motorcycle accidents.
- Medical malpractice or nursing home abuse.
- Workplace accidents or exposure to hazardous substances.
- Defective products or dangerous pharmaceuticals.
- Criminal acts or violence.
To recover what you have lost you are going to need the help of an experienced car crash attorney.
Who Can Sue for Wrongful Death in Houston?
In Houston and throughout Texas, the following people may sue for wrongful death in Texas:
- The surviving spouse
- The deceased’s children
- The deceased’s parents
- The executor/personal representative, if none of the above file a claim within three months of the person’s death.
We stand ready to protect your rights, prove fault, and collect maximum tax-free payment for your injury claims.
Proving Liability in a Wrongful Death Case
To succeed in a wrongful death lawsuit, you must prove that someone caused your loved one’s death through wrongful actions, whether through negligence or deliberate actions. This involves establishing four key elements:
- Duty of Care: The defendant owed a duty of care to the deceased person. For example, drivers have a duty to operate their vehicles safely, and doctors have a duty to provide competent medical care.
- Breach of Duty: The defendant breached their duty of care through negligence, recklessness, or intentional actions.
- Causation: The defendant’s breach of duty directly caused the deceased person’s death.
- Damages: The death resulted in actual damages to the deceased person’s estate and/or surviving family members.
Proving liability in a wrongful death case can be complex, which is why it is crucial to work with an experienced wrongful death attorney in Houston who can thoroughly investigate what happened, seek evidence of wrongful death, and build a strong case on your behalf.
Once we accept your case, we take care of everything, allowing you the time to focus on recovering from your physical and emotional injuries.
Damages Available Through a Wrongful Death Claim
Wrongful death lawsuits seek to compensate the deceased person’s estate and surviving family members for the losses they have suffered. In Texas, the following types of damages may be available:
Economic Damages
- Medical expenses.
- Funeral and burial costs.
- Loss of the deceased person’s expected earnings and benefits.
- Loss of inheritance.
- Value of goods and services the deceased would have provided.
- Attorney fees, with court approval.
Non-Economic Damages
- Mental and emotional anguish.
- Loss of love, companionship, comfort, and support.
- Loss of parental guidance and nurturing.
- Loss of consortium (for surviving spouses.)
Punitive damages may also be awarded if the defendant’s actions were particularly egregious or intentional. These damages serve to punish the wrongdoer and deter similar behavior in the future. A court must award these.
We proudly stand up to big insurance companies that prioritize profit over people‘s well-being.
How a Houston Wrongful Death Lawyer Can Help You
Navigating a wrongful death claim while grieving the loss of a loved one can be overwhelming. Insurance companies may try to take advantage of your vulnerability, offering lowball settlements that do not fully account for your losses.
A skilled Houston wrongful death lawyer can handle the legal process on your behalf, allowing you to focus on healing and being with your family. As your advocate, a wrongful death attorney will:
- Investigate the circumstances of your loved one’s death.
- Gather evidence to support your claim, including police reports, medical records, witness statements, and expert testimony.
- Handle all communication with insurance companies and the defendant’s legal team.
- Calculate the full extent of your economic and non-economic damages.
- Negotiate for a fair settlement.
- Take your case to trial, if necessary, to fight for the compensation you deserve.
Compassionate Representation for Grieving Families
At Cain Firm, we understand that no amount of money can truly compensate you after losing a beloved family member. However, pursuing a wrongful death claim can provide a sense of justice, hold the responsible parties accountable, and secure the financial support your family needs to move forward.
Attorney Brett Cain and his team will treat you with the compassion, respect, and personal attention you deserve during this difficult time. With a background as a former prosecutor and deep roots in Texas, Brett has the skills and dedication needed to fight for your rights and ensure your family’s voice is heard.
Contact a Houston Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence or wrongdoing, do not hesitate to seek legal guidance. The caring team at Cain Firm is here to support you every step of the way.
Contact us today to schedule a free consultation with a Houston wrongful death lawyer who will listen to your story, explain your legal options, and help you pursue the justice and compensation your family deserves.
Remember, in Texas, the statute of limitations for wrongful death claims is typically two years from the date of your loved one’s death, so it is essential to act quickly to protect your rights.
We help victims of car and truck wrecks with integrity and perseverance.
