Top Wrongful Death Lawyer Houston, TX
Top Wrongful Death Lawyer Houston, TX
Have you recently lost a loved one, and you believe their death was the result of another person’s negligence or wrongdoing? If so, you may have the right to recover monetary damages by filing a wrongful death claim. These claims can be rife with challenges which means you should consider retaining the top wrongful death lawyer in Houston, TX, such as one from, John K. Zaid & Associates. For a consultation, please call us today.
Wrongful Death Claims in Texas
All states have their own wrongful death laws; however, they do vary by location. For instance, some states only allow immediate family members, such as a spouse or child, to file a claim while other states allow anyone who was financially dependent on the deceased person to recover damages.
As one of the top wrongful death lawyers in Houston, TX might tell you, wrongful death is generally any death that was the result of recklessness, wrongdoing, negligence, or malicious intent. A broad range of parties could be held liable for a wrongful death case, including:
- An individual
- A company
- An entity
- A government municipality
Your claim could involve one person or multiple parties that each played a role in the negligent act led to the death. With the top Houston, Texas wrongful death lawyer on your side, you can feel peace of mind in knowing your case is in good hands.
Situations that May Lead to a Wrongful Death
- Vehicular Accident
- Medical Malpractice
- Premise Liability Accidents
- Product Liability Accidents
- School/ Daycare Accidents
- Nursing Home Abuse
Typically, if a person, had they not lost their life, would have been able to file a personal injury claim, their family members, due to their death, will likely be able to pursue compensation through a wrongful death case. As a top wrongful death lawyer in Houston, TX, we seek to resolve these cases through mediation and negotiations; however, for nearly 5% of cases, they will go to trial. If this should happen to you, we will be there to guide you through the process and be your voice and advocate.
Statute of Limitations
All states have statute of limitations to file a claim involving a wrongful death. The length of time you will have to file will largely depend on factors such as:
- The date of death
- The date of the accident which led to the death
- The date the act of negligence was realized
The age of the victim
Usually the deadline is 2 years, but as a top wrongful death lawyer in Houston, TX might explain, whether this is true for you will depend on what happened. Before you assume the statute, please talk with a lawyer from John K. Zaid & Associates.
Who Can File a Wrongful Death Claim?
In the case of wrongful death claims, usually the spouse, legal partner, child, or parent will have the right to file a claim. Often, this person will also be named as the executor of the estate. Should this person not yet be named, a lawyer can ask a court to do so. If there are no living immediate family members, or they are under 18 years of age, a grandparent, aunt, uncle, or other family members may pursue the claim. It should be noted that only one person can file a claim; thus, there cannot be multiple people to file multiple claims.
If you would like to speak with the top wrongful death lawyer in Houston, TX, please call John K. Zaid & Associates.
Recovering Wrongful Death Damages
If you file an insurance claim and/or file a lawsuit in the wake of a loved one’s untimely death, you may be awarded compensatory damages for the financial losses attributed with the death of a loved one, as well as non-economic damages (such as a pain and suffering award). Before you can be awarded any damages whatsoever, you’ll need to submit a claim and/or build a case with the assistance of a top wrongful death lawyer in Houston, Texas. The experienced team at John K. Zaid & Associates can help you to explore your options and to build a solid approach to your ultimate legal plan of action.
Duty of Care
In wrongful death suits, you have to prove duty of care. This means that the defendant owed some form of duty of care to the decedent. For instance, if there is a car accident, then the other driver has a duty to drive in accordance with all traffic laws. If that driver fails in that duty (runs a red light, etc.) then that individual is said to be in breach of that duty to the person they harmed. Most accidents caused by the negligence or recklessness of another involve a duty of care that has been breached.
Breach of Duty of Care
If you have a duty of care, then in order to be found liable for a person’s death, then you have to prove that the duty of care was breached. In the case of hospital accidents, you would have to prove that the caregiver breached his or her duty of care. Did he or she not follow the standard protocols? Did he or she treat your loved one recklessly or without the same standards that he or she gave other patients? A top wrongful death lawyer in Houston, TX can explain the duty of care and potential breach of that duty present in your loved one’s situation.
It is not enough that the plaintiff proves that the defendant had a duty of care. It is not even enough to say that the defendant breached that duty of care. You must also be able to prove causation. Did the person’s breach of duty or negligence lead to the death of your loved one? For instance, in the case of a car accident, say that the motorist that struck your loved one was speeding. He or she was driving negligently but say that your loved one had a mechanical failure on his or her car that led to an abrupt stop. In this instance, it was not only the other person’s negligence that caused the death but also a mechanical failure. As a result, a top wrongful death lawyer in Houston, TX would seek compensation on your behalf from both the negligent driver and from the party responsible for the mechanical failure because both of these parties ultimately caused the death of the victim.
When it comes to wrongful death, in order to recover damages, you have to be able to prove your case. if you are unsure about the validity of your case and argument, then you need to speak with a lawyer. Set up a consultation with a top wrongful death lawyer in Houston, TX as soon as possible to clarify your situation and explore your options.
Filing a Wrongful Death Lawsuit
If you have lost a loved one in a car accident caused by a negligent or reckless driver, a defective auto part, ill-maintained roads or some other preventable cause, know that Texas law allows families to pursue wrongful death insurance claims and/or to file wrongful death lawsuits to hold those responsible accountable for the harm and loss that has been suffered. Similarly, if you have lost a loved one due to medical malpractice, homicide, work accident, travel-related collision, or other preventable cause, the top Houston, TX wrongful death lawyer team at John K. Zaid & Associates can help you assess your legal options. No matter how your loved one died, if someone else is responsible for their death, you may be able to hold that party or parties accountable under the law.
Requirements of Wrongful Death Lawsuits
A wrongful death lawsuit must generally be brought by either the victim’s next of kin or by a representative of the victim’s estate. This representative is the person who oversees the distribution of the victim’s assets and property. This person can be named in the victim’s will or appointed by the probate court if the victim did not have a will. This representative can be
· The victim’s spouse
· The victim’s parent (if the victim was a minor child)
· The adult child of the victim
Either the personal representative or next of kin will file a wrongful death lawsuit or claim. In either event, working with a top Houston, TX wrongful death lawyer will help to ensure that a claim and/or lawsuit is filed properly. In some states, only the personal representative is allowed to file a claim or lawsuit. When a personal representative files a claim or suit, any proceeds from the lawsuit or settlement will likely become part of the victim’s estate and will then be dispersed per the instructions of the will.
Wrongful death litigation can be complex, which is why hiring a top Houston, TX wrongful death lawyer is generally a good idea. Handling this kind of complex legal situation without the experienced guidance of a professional will almost certainly result in a less favorable outcome than it would if a top Houston, TX wrongful death lawyer was advocating on your family’s behalf.
Some of the damages that may potentially be pursued in a wrongful death claim or lawsuit include:
· Funeral and burial expenses for the victim
· Any medical expenses from lifesaving attempts of the victim before they died
· Emotional anguish
· Loss of companionship
· Loss of consortium
· Loss of the victim’s love and guidance
Contact a Wrongful Death Attorney Today
If you have lost a loved one due to an accident caused by the negligence, recklessness, or intentional behavior of another party, know that a top Houston, TX wrongful death lawyer can help you to evaluate your options. That way, you can make an informed decision about the best course of action for you and your family. Our firm understands the overwhelming grief families suffer in the wake of a death of their loved one and we work diligently to get families the financial compensation they deserve.