When you lose someone you love because of another person’s negligence or wrongful actions, the emotional and financial impact on your family can be devastating. If you are dealing with this kind of tragedy, you can seek compensation for what your family has lost.
Our wrongful death attorneys at Williams Hart & Boundas have experience with Houston wrongful death settlements and can guide you through the legal process. Contact us today to discuss your rights and options.
What Constitutes Wrongful Death?
Under Texas Civil Practice and Remedies Code § 71.002, you can pursue a wrongful death claim when someone dies because of another party’s wrongful act, omission, or negligence. Common situations that can lead to wrongful death claims include:
- Defective products: Deaths that result from products that are faulty or unreasonably dangerous
- Premises liability: Deaths caused by dangerous property conditions, such as slip and fall hazards, insufficient security, or fires caused by negligence
- Workplace accidents: Deaths that occur because of unsafe working conditions, malfunctioning equipment, or employers failing to keep workers safe
If you have lost a loved one because of one of these forms of negligence, our Houston attorneys can help you seek a fair settlement through a wrongful death claim.
Who Can File a Wrongful Death Claim?
Wrongful death claims can be started by the deceased person’s surviving spouse, children (biological or adopted), or parents (biological or adopted). If none of these people file a claim within three months after the death, then the personal representative of the deceased’s estate can file one unless all of the beneficiaries say they do not want that to happen. Our legal team in Houston can help you determine if you are eligible to receive a wrongful death settlement.
Damages Available in a Wrongful Death Settlement
Wrongful death settlements give Houston families financial compensation for the losses they have suffered because of their loved one’s death. You may be able to recover damages for medical costs, funeral and burial expenses, and your family’s mental anguish, as well as the income your loved one would have earned, what they would have left you as an inheritance, and the companionship and services they provided. In some cases, you can also receive punitive damages if the other party was grossly negligent.
The Wrongful Death Settlement Process
Pursuing a successful wrongful death settlement in Houston usually involves several different stages. First, your lawyers will gather evidence, such as police reports, medical records, witness statements, and expert testimony, to prove liability and damages. We use this evidence to present a strong case to insurance companies and liable parties.
We negotiate for the full settlement your family deserves to cover your losses. A fair settlement offer is not always forthcoming, but we will keep fighting. If insurers fail to make a favorable offer, we can file a wrongful death lawsuit in civil court.
It is worth noting that most wrongful death cases get resolved through settlement rather than going to trial. A settlement can give you a faster resolution and help you avoid the uncertainties that come with a trial. However, our lawyers are prepared to use their abundant trial experience to fight for you in court if necessary.
Factors Affecting Settlement Amounts
The amount of compensation you will receive from a Houston wrongful death case can vary quite a bit depending on several factors, including:
- Local factors
- Negotiation skills
- Insurance coverage
- The strength of the evidence
- Age and income of the deceased
- The number of dependents the deceased had
Our attorneys will do their best to get you the maximum amount of compensation the law allows.
Call a Wrongful Death Attorney in Houston for Help Securing a Settlement
Dealing with Houston wrongful death settlements can be complicated and emotionally exhausting. If you have lost someone you love due to someone else’s negligence, it is crucial that you get help from an experienced attorney. We can investigate what happened, advise on who is eligible to file a claim, and calculate the full amount of damages available to your family. We can also negotiate with insurance companies or represent your family’s interests in court. Get justice for your loved one by calling Williams Hart & Boundas today.