Damages For Wrongful Death Lawyer Houston, TX
Damages For Wrongful Death Lawyer Houston, TX
If you have lost someone in an accident, you may feel angry, confused, and at a loss for words. Even thinking about whether or not compensation may be available might feel impossible; however, at some point, you should take time to determine if there are legal options. At John K. Zaid & Associates, we offer our condolences to you and your loved ones. As a wrongful death lawyer Houston, TX families trust, we have helped a large number of families recover compensation for the loss of a family member. If you would like to learn more about damages, wrongful death lawyer in Houston, TX, such as John K. Zaid & Associates, can listen to what you have to say during a consultation.
Survival Action: What happens if Someone Dies During a Personal Injury Claim?
While most people will relate a wrongful death to a case that involves a person who lost their life soon after an accident involving negligence, sometimes the person will die after they have already filed a case. If this occurred, it is recommended that you ask a wrongful death lawyer in Houston, TX about damages that may be recovered.
To lose a loved one is difficult. It may feel even more unfair if the person dies due to the action or negligence of someone else. What do you do if your loved one had a personal injury claim, but dies before he or she settles the case? The case does not have to disappear and you do not have to drop it. If you have a loved one that died in the middle of a personal injury claim, you may be able to file a survival action.
Survival Action
If your loved one dies before he or she settles the case, then the family can likely continue the claim on his or her behalf. This is done through a survival action claim. The person who brings the claim or suit is a representative of the deceased. This will usually be a family member. Most often close family, such as a spouse, parent, or child of the deceased. In addition, your loved one had to have had a personal injury claim in the works beforehand. The at fault party also needs to be the cause of the personal injury and death. In general, you will work with the same personal injury lawyer; however, this is not always true. Therefore, if you want to know how you can recover damages, Houston, Texas wrongful death lawyers from our firm can talk with you about your options.
Damages in Survival Action
If you represent your loved one in a survival action suit, then you will seek the same damages that he or she would have received if he or she won. These cases can be used to pay off medical bills or assist with funeral costs and other economic damages associated with the loss of life. These damages may include:
- Lost wages
- Medical expenses
- Loss of earning capacity
- Pain and suffering
Now, keep in mind that your survival action does not include the pain and suffering of the family. You would have to file a separate wrongful death claim. Wrongful death claims typically cover the noneconomic damages. For instance, you can file suit for loss of companionship or for loss of guidance. The survival action, on the other hand, does not cover this. To explore your options for non-economic damages, wrongful death lawyers in Houston, TX can listen to what you have to say and help you to make a sound decision on how to proceed.
When your loved one loses his or her life as a result of injuries due to another person, it’s difficult enough. To lose someone that you care about is devastating. It doesn’t matter if the death occurs days, weeks, or years after the injury. If an injury leads to someone’s death before his or her personal injury suit settles, then you still have a right to follow up on it. To speed along the process, and to explore your rights to recover damages, wrongful death lawyers in Houston, TX, from John K. Zaid & Associates would like to invite you to call us for a consultation.
Are you looking to know more about the damages for wrongful death attorney Houston, TX has to offer? If so, look no further than John K. Zaid & Associates for help.
In Texas, the laws state that a wrongful death case can be brought if the wrongful act, unskillfulness, default, defect, carelessness, or neglect of one party causes the death of another. These cases can be complicated and rife with unexpected challenges which is why you want to choose the top wrongful death lawyer Houston, TX provides, such as John K. Zaid & Associates.
Who Can File a Wrongful Death Claim in Texas?
In Texas, the surviving spouse, children, and parents of the person who died has the right to pursue a wrongful death claim. These individuals can file singly, or as a group. When it comes to damages for wrongful death lawyer Houston, TX might recommend all parties to file together. Whether this is possible will depend on a number of circumstances that must be reviewed.
Should none of the above parties file a claim within a period of three months from the date of death, the executor or personal representative of the estate can file a claim. The exception to this would be when a surviving family member asks that a claim not be filed.
If the surviving spouse, children, or parents do not file a wrongful death claim within three months of the date of death, the personal representative or executor of the deceased person’s estate may file the claim instead, unless a surviving family member specifically requests that the wrongful death claim not be filed.
It should be noted that when you seek out damages for a wrongful death attorney in Houston, Texas, you will likely be asked a number of questions, including how the death occurred. The process of a wrongful death claim varies from a death that resulted from a criminal homicide. For example, surviving family members must file a wrongful death claim directly. Liability is expressed in the damages. Whereas, in a criminal case, the prosecutor will be responsible for filing the charges. Liability, or guilt, is punishable with incarceration, probation, fines, and so forth. When criminal charges are filed, a wrongful death claim can also be filed.
Available Damages
A damages for wrongful death attorney in Houston, TX cannot say what damages you might receive without thoroughly evaluating your situation. The best way to gain an understanding about what damages are available is to consult with a lawyer right away. Examples of potential damages may include:
- Funeral and burial expenses
- Lost income over the course of the lifetime had the accident not occured
- Loss of financial support
- Loss of services
- Loss of consortium
- Loss of guidance
Circumstances do often apply. The sooner you consult a Houston, Texas wrongful death attorney for damages, the better. In the meantime, you should save all bills and receipts you have received from anyone because of the death. For example, bills from the funeral home or hospital bills prior to the death.
If you would like to know more about the available damages, call the damages for the wrongful death attorney in Houston, TX today. Call John K. Zaid & Associates.
If your family member was killed because of someone else’s negligence, you should speak to a damages for wrongful death lawyer Houston, TX residents trust. Losing a loved one due to another person’s carelessness is especially devastating because that death could have been prevented. A skilled lawyer can help you bring a lawsuit against the negligent party and demand justice for your loved one.
Common Myths About Wrongful Death Cases
Wrongful death cases can result from car accidents, medical malpractice, defective products and other accidents. Here are common misconceptions about wrongful death cases:
1.People Found Liable In Wrongful Death Cases Go to Prison: A wrongful death lawsuit is a civil case, rather than a criminal one. If the court determines that a person is responsible for the wrongful death of someone else, that person will be ordered to pay money to the deceased’s family. The defendant will not be sentenced to prison.
2.You Can File a Wrongful Death Lawsuit At Any Time: Another misconception about wrongful death lawsuits is that there’s no time limit to file. However, in the state of Texas, you only have two years from the time of death to file a lawsuit. If you miss the deadline, you will no longer be eligible for compensation. That’s why it’s important to consult a wrongful death lawyer Houston, TX residents trust about your case as soon as possible.
3.Anyone Can File a Wrongful Death Lawsuit: This is not true. Only the parents, children and spouse of the deceased are permitted to file a wrongful death claim. If they don’t file the claim within three months of the death, the executor of the estate may pursue a lawsuit.
4.Wrongful Death Lawsuits Are All About Money: It is true that wrongful death lawsuits help families recover monetary compensation for their devastating loss. While no amount of money can make up for the loss of a family member, it can ease some of the financial burden. However, that is not only what wrongful death lawsuits are about. They can also help right a wrong. For example, if a defective product causes a death, the company may be forced to take the product off the market, helping save lives.
5.Hiring a Lawyer Isn’t Necessary: While you’re not required to hire a damages for wrongful death lawyer in Houston, TX, it is highly recommended. Wrongful death cases involve many complexities, so it is important to have a knowledgeable professional on your side. Your lawyer will be well versed in wrongful death law and improve your chances of receiving fair compensation.
If your family member’s death was caused by the carelessness of another person, you should schedule a consultation with a damages for wrongful death lawyer in Houston, TX at John K. Zaid & Associates today.
