Top Wrongful Death Lawyer Houston, TX 

Although the majority of car accidents result in injuries, there are many crashes where injuries are so severe, that the victim does not survive. When a person is killed in a crash that was caused by another party, Texas law allows the family and/or the estate of the victim to pursue a wrongful death lawsuit against that responsible party. Some of the damages that a top wrongful death lawyer in Houston, TX can help the victim’s family pursue in these cases include the emotional impact the victim’s death has on the family, as well as the financial impact.

Who can file a wrongful death claim?

Each state sets its own tort laws regarding how personal injury and wrongful death lawsuits and claims are to be processed. Many states have similar rules, but there may be some differences, such as the statute of limitations for how long a victim or their family must file these types of legal claims. In Texas, the statute of limitation is two years from the date of the victim’s death. There are some exceptions to that two-year limit and a top Houston, TX wrongful death lawyer can evaluate your case to determine what it is in your situation.

Family members are entitled to file a wrongful death lawsuit, but members are determined by how closely related they were to the victim. The typical order includes:

• The victim’s spouse
• The victim’s child
• The victim’s parents or parents if they did not have a spouse or children
• Siblings
• Any person who the victim took care of financially

In some situations, a wrongful death claim may also be filed by a representative of the victim’s estate. This could be the individual who the victim named in their will to be the executor, or if there was no will, then the court can appoint someone.

If the estate is successful in its wrongful death claim, either through a settlement or through a jury award, the funds will then become part of the estate and distributed along with the other assets to the heirs of the estate.

What damages may be available?

When a wrongful death lawsuit is filed in a fatal car crash case, the damages that can be included in this action include the following:

• Any medical expenses incurred trying to save the victim’s life, including ambulance transportation, emergency room treatment, surgeries, and hospitalizations
• Loss of the victim’s income and benefits. This is often calculated up to the age the victim would have retired at
• The pain and suffering the victim endured from the time of the crash until they died
• Funeral and burial expenses
• Emotional anguish and grief the survivors suffered over the victim’s death
• Loss of guidance and support the victim provided his or her loved ones
• Loss of companionship

If there have been criminal charges filed against the at-fault driver, such as in a drunk driving accident, it is important for family members to realize that these proceedings would be totally separate from any civil wrongful death action the family may file. It is not necessary for the criminal case to be resolved before filing a lawsuit. In fact, doing so could cause the statute of limitation to expire.

Call Our Office Today

If you have lost a loved one in a car accident or any other type of accident, call John K. Zaid & Associates to meet with a dedicated Houston, TX wrongful death lawyer and find out how you can get the financial justice your family