If your loved one has died unexpectedly, you might have a case for compensation through a wrongful death action. These lawsuits exist to support families who have lost a relative due to an act of negligence, providing financial resources and justice for surviving relatives.
A South Houston wrongful death lawyer can investigate the circumstances of your family member’s passing, advise you of your legal options, and help you navigate the court system. Contact the skilled personal injury attorneys at Williams Hart & Boundas today to learn more about how we can help you.
What Is a Wrongful Death Under Texas Law?
Not every unexpected passing will result in a viable case for compensation, with surviving family members only entitled to damages if their loved one’s death is considered “wrongful.” Under the law, a wrongful death is the result of an injury stemming from negligence, carelessness, or unskillfulness. It is simplest to consider these claims as personal injury lawsuits that the decedent could have filed had they survived, with the purpose of litigation being to provide for surviving relatives and prevent the negligent party from benefiting from causing fatal injuries.
Many scenarios could lead to a viable legal claim. Negligence-based incidents like motor vehicle collisions or even intentional acts of violence could form the basis of a wrongful death action. To understand your rights after losing a loved one through negligence in South Houston, it is essential to discuss your situation with a wrongful death lawyer.
The Right to File Suit
States take different approaches to determining who can file a wrongful death action. Some jurisdictions require a representative of the estate to file a lawsuit, with the proceeds going to the deceased person’s heirs. Texas takes a different approach.
Under state law, surviving family members, spouses, children, or parents have the right to file a lawsuit following the death of their loved one. In South Houston, one of these parties could file a lawsuit on behalf of all potential plaintiffs, either with or without the support of a wrongful death attorney.
Available Damages
Because wrongful death actions are civil lawsuits, the available remedy is financial compensation. Money cannot erase what happened, but it can help you recoup some of your expenses and provide some justice.
Each case is unique, making it impossible to predict the value of a claim. However, our team can advise you on the types of damages that might be available, with some common examples including:
- Funeral costs
- Mental anguish
- Burial expenses
- Loss of inheritance
- Final medical expenses
- Loss of companionship
It is vital to secure a settlement offer that meets your needs and covers all out-of-pocket expenses, both current and future.
You only have one opportunity to settle a wrongful death action. Once you reach an agreement, the insurance company has no obligation to provide more in the future. To ensure the best possible outcome in your wrongful death case, our South Houston attorneys can negotiate with the responsible parties on your behalf.
Speak to a South Houston Wrongful Death Attorney Today
While nothing can bring your loved one back, you may have the chance to pursue justice on their behalf. A civil suit can provide your family with the resources it needs to move forward, while also holding the at-fault party responsible for what they have done. Contact a South Houston wrongful death lawyer today for a private consultation.