When someone’s negligence results in the death of a family member, you have legal options for pursuing justice and compensation. Whether the death was caused by a car accident that should have been avoided, unsafe workplace conditions, or another form of negligence, filing a Houston wrongful death action allows families to seek justice. Our wrongful death attorneys at Williams Hart & Boundas are ready to help.
Understanding Wrongful Death Claims
Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death claim happens when someone dies because of another person’s wrongful act, omission, or negligence. This covers a wide range of situations, such as:
- Criminal acts that result in death
- Defective products that kill people
- Car accidents caused by a drunk or reckless driver
- Workplace accidents that should have been prevented
Filing a wrongful death lawsuit in Houston has two main goals: to hold the person responsible accountable for what they did and get financial relief for the surviving family to help with their losses.
Who Can File a Wrongful Death Lawsuit?
Texas law is specific about who can file a wrongful death lawsuit. Generally, the deceased’s spouse, children, or parents have the right to bring a wrongful death claim in Houston. If none of these people file a lawsuit within three months of the death, the executor or administrator of the deceased person’s estate can file the lawsuit unless all eligible beneficiaries say they do not want to.
Damages Available in a Wrongful Death Action
The damages you can recover by filing a Houston negligent death action are meant to compensate surviving family members for their losses. These include financial losses, loss of companionship and society, mental anguish, funeral and burial expenses, and potentially punitive damages. To protect your right to compensation, a wrongful death lawsuit generally has to be filed within two years of the person’s death.
The Process of Filing a Wrongful Death Lawsuit
While each case is different, the following general steps are involved when bringing a Houston wrongful death claim:
- Consultation with an attorney: The first step should always be to seek legal advice from an experienced wrongful death attorney
- Investigation and evidence gathering: Your attorney will investigate and gather all necessary evidence to support your claim
- Filing the lawsuit: Once they have sufficient evidence, your attorney will draft and file a petition with the appropriate court
- Discovery phase: Both sides will exchange information and evidence through depositions, interrogatories, and document requests
- Negotiation and mediation: Many wrongful death cases get resolved through settlement negotiations or mediation before going to trial
- Trial if necessary: If you cannot reach a settlement, the case goes to trial, where a judge or jury will hear the evidence and determine liability and damages
When you are dealing with the loss of a loved one, let us handle the legal battle for you.
Importance of Legal Representation
An experienced wrongful death attorney can provide valuable support when filing a lawsuit in Houston.
Understanding Complex Laws
Wrongful death laws are complicated, and an attorney can help ensure that all legal requirements are met.
Investigating the Case
They have the resources to conduct a thorough investigation and gather valuable evidence you could not get on your own.
Dealing with Insurance Companies
Attorneys know how to negotiate and can protect your interests against insurance companies that try to minimize payouts or deny claims.
Representing You in Court
If the case goes to trial, your attorney will effectively present your case and fight for what you deserve.
Providing Support
Beyond legal guidance, a good attorney can offer understanding and support during a difficult time.
Take the first step and schedule a consultation with our lawyers today.
Discuss Bringing a Negligent Death Lawsuit With a Houston Lawyer Today
If someone’s negligence causes a tragic loss in your family, filing a Houston wrongful death action can allow you to pursue compensation and justice. An attorney from our team at Williams Hart & Boundas knows how to build and file these cases. Contact us now to schedule your free consultation.