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 resulting from defective vehicle or another drivers negligence
- Medical Malpractice resulting from mistakes or negligence of a medical professional
- Premise Liability Accidents due to the negligence of a property owner or operator
- Product Liability Accidents resulting from faulty products or improper labeling
- School/ Daycare Accidents due to the negligence of an institution, teacher, or facility
- Drowning due to failure to make swimmers aware of dangers or neglecting to properly monitor an area of water used for swimming or wading.
- 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.
Contingency Fee Lawyer
In many cases, the cost of legal fees can be high enough to deter a family or individual from hiring a lawyer. When it comes to proving wrongful death in order to be awarded compensatory damages for the financial losses attributed with the death of a loved one, we believe the cost of hiring an experienced attorney should not be the first concern.
With certain personal injury, including wrongful death cases, lawyers can accept to represent you on a now win-no fee basis. This arrangement is also known as a contingency fee representation. Generally, after a recovery is obtained, the percentage agreed upon in the contingency contract would be subtracted for lawyer fees.
Damages are Payable Under Contingency Fee Contracts
A contingency fee attorney will normally seek to get compensated for:
- medical bills
- mental anguish
- physical pain
- lost income
- any other damages that their client has suffered
In a no win-no fee arrangement, you do not have to pay your lawyer for their time and work until you get a recovery- either through a settlement, court award, or jury verdict.
Why Do Lawyers Work on a Contingency Fee Basis?
Lawyers agree to work on contingency agreement in an effort to offer legal representation to clients who may not have the means to afford it. Many accident victims choose to settle for an amount that is less than what they deserve, suspecting that they are financially prepared to hire professional legal representation. A contingency agreement is a viable option for those who may not have the means to hire a lawyer. Following your free initial case evaluation, we suggest asking if your wrongful death case may qualify for a contingency agreement if you are unsure if you will be able to afford to pay for legal services.
Before Entering a Contingency Fee Contract?
Prior to beginning the process of building your case, the contingency agreement will be written and both parties will sign to signify agreement to the terms of the contract. When both parties understand and agree to the terms of the contract, you will append your signature. We recommend reviewing the contract with someone who is comfortable with legal contracts to ensure that all implications are comprehended. All in all, contingency fee contracts hope to offer hope to well-deserving clients who need legal representation for assistance obtaining compensation for personal injury or wrongful death, but may not be able to afford it.
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.
Questions To Ask Wrongful Death Attorneys
Every time a loved one dies because of someone’s negligence, it’s a difficult situation. Sadness comes with anger over how such a tragedy could happen. While these emotions are natural, they do no more than complicate the lives of survivors. Courtroom justice provides comfort. Successfully suing, however, requires a top wrongful death lawyer in Houston, TX. Make sure you’re hiring the best attorney available by asking these questions.
What Is Your Specialty?
Many legal representatives work in multiple fields. A young professional may be interested in expanding into new territory. Don’t let this person treat you like a guinea pig. The attorney you select should already have plenty of experience with wrongful death cases. It helps if the individual handling your case is familiar with how insurance companies treat beneficiaries. An inexperienced attorney is more likely to fall for their tricks. The lawyers who work at John K. Zaid & Associates are particularly well versed in their methods and tactics.
What Is Your History of Dealing With High-Profile Cases?
There’s a good chance your lawsuit will draw a significant amount of media attention. If this happens, you want an attorney who’s comfortable playing the role of spokesperson. It’s draining being hounded by reporters, especially when it’s shortly after a loved one’s passing. Find an attorney that isn’t intimidated by the challenge of appearing in public and will do a great job speaking for you. Look online for high-profile cases in the Lone Star State to identify a top wrongful death lawyer in Houston, TX.
What Is Your Communication Policy?
Urgent questions occasionally crop up at inconvenient times. You want to be able to talk with your attorney at any hour. Will the person you’re hiring respond to your message immediately? Is this person willing to give you a home phone number? How often does this individual check email? The professionals at John K. Zaid & Associates understand that clients need regular updates that might have to take place outside normal business hours.
What Is Your Personal Connection To Wrongful Death Cases?
Passion is an element that those looking to hire a top wrongful death lawyer in Houston, TX, often overlook. Assuming you’re going to trial, you should have someone who’ll recount your story with conviction. Ask the attorneys you’re interviewing if there’s a reason for devoting their careers to personal injury cases. A professional with a burning desire to see guilty parties punished is better than one who’s primarily concerned with a financial payout.
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
5 Ways To Ease a Wrongful Death Lawsuit
The unexpected death of a loved one is never easy. It is an even more difficult situation when the death was caused by the negligence of another person. To achieve some form of closure and ensure the person responsible is held accountable, a spouse, parent, child or legal guardian has the option to file a wrongful death lawsuit. Although it may be a challenging lawsuit, a top wrongful death lawyer in Houston, TX, will help make the process easier. Below are five ways to help make this trying time go smoother.
1. Contact a Lawyer
While it isn’t a requirement to retain a lawyer, having the experience of a professional, such as John K. Zaid & Associates, makes it easier to navigate the rest of the process. An attorney will be aware of the various associated legal issues, help ensure your case is solid and perform any negotiations. Working with a professional also increases the chances of receiving a maximum claim.
2. Avoid Delaying Action
Although it may be difficult to start the process, each state has a statute of limitations for filing this type of lawsuit. Typically, they must be filed within two to three years. The sooner it is filed, the more time a top wrongful death lawyer in Houston, TX, will have to gather the necessary evidence and documentation for a more successful outcome.
3. Communicate with Family
A tragedy affects each person in their own way. In the case of wrongful death, it may create additional tension and stress. If there are multiple heirs, that can add fuel to the fire. Difficult conversations are required to ensure everyone is on the same page. John K. Zaid & Associates has attorneys that understand this trying and delicate situation and provide a rational sounding board to assist families in working together.
4. Document Losses
The top wrongful death lawyer in Houston, TX, will know the required documentation needed for filing and legal strategies throughout the case. That is especially helpful when considering the true losses that the loved one’s death has brought. Losses may include funeral expenses, medical bills, lost income, future income, financial support and emotional support.
5. Be Patient
After filing, it is important to be patient. This type of proceeding takes time and doesn’t provide results overnight. While there is never a guarantee on how long it may take, some cases take years before the family receives restitution.
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.
Wrongful death claims can stem from any number of fatal scenarios, including car and truck accidents, medical malpractice and even intentional murder. But one type of wrongful death scenario is too often overlooked: product liability. Below are three different categories of consumer products that can and do cause death in American consumers (and their loved ones). If you’ve lost a loved one due to dangerous prescription drugs, recalled automobile parts, dangerous baby/child products, or any other defective/dangerous tangible item, please don’t hesitate to connect with a wrongful death lawyer Houston, TX residents trust. Even if you’re unsure of whether a defective drug or consumer product led to your loved one’s death, the top Houston, Texas wrongful death lawsuit lawyer team at John K. Zaid & Associates can help you to uncover the truth and explore your options. Too often, surviving family members of product-related deaths are unaware that they have legal grounds to take action. We can help.
Dangerous Prescription Drugs
If you’ve ever seen a prescription drug commercial on television, you’ve surely noticed the lengthy list of side effects listed quickly (and calmly) by the narrator. In some cases, the possible side effects seem to be worse than the problem the drug is designed to treat.
Unfortunately, prescription drugs sometimes prove to be even more dangerous than advertised, because some side effects or dangers are not known at the time that the drug is approved. There have been many high-profile examples in recent years of prescription drugs that kill dozens or even hundreds of patients. When drug companies fail to adequately warn consumers of the risks associated with a drug, they can and should be held liable for both injuries and deaths caused by these drugs.
With many consumer goods, defects and dangers may not be life-threatening because the products aren’t being used in high-stakes situations. But an automobile is different. A car or truck with a design or manufacturing defect is highly likely to result in serious injury or death because driving itself is dangerous. If a defect becomes apparent at highway speeds, the driver may have no time or opportunity to take evasive action or preserve his or her own safety.
Every automaker has issued recalls in recent years, and many of these recalls involve millions of cars. Unfortunately, problems leading to a recall may not even be discovered until dozens of drivers have already lost their lives.
Dangerous Products For Babies and Children
It is every parent’s nightmare to lose a son or daughter, especially as a baby or young child. Yet there are a surprising number of products manufactured for babies that have been recalled due to risks of infant fatality. The Consumer Product Safety Commission’s website keeps parents up to date on potentially fatal products that have been recalled, including cribs, strollers, car seats and toys. When a seemingly safe product contributes to or causes a child’s death, it is important to speak with a top wrongful death lawsuit lawyer in Hoston, TX as soon as you can. Doing so will not only allow you to seek justice for your own child, your efforts could help to spare the lives of others who may be in danger.
As babies turn into children, the most dangerous products are likely to be toys. Games and toys with small parts can be a choking hazard. Toys with sharp ends or projectiles can lead to cuts and stabs. Certain clothing and bedding items can be dangerous because they are not adequately flame retardant. These are just some of the many hazards that make it into the hands of children each year.
Contact Us to Discuss Your Case
Our firm is honored to represent clients who have lost a loved one to a dangerous or defective product. To discuss your rights and legal options in a wrongful death lawsuit, call us to arrange a free initial consultation with a top wrongful death lawsuit lawyer in Hoston, TX today. We look forward to speaking with you at this challenging time.