Wrongful Death Injury Law Firm Houston, TX
Wrongful Death Injury Law Firm Houston, TX
A wrongful death suit might be filed by a deceased person’s estate and sometimes family members if the decedent would have had a valid personal injury claim if he or she had not died. The parents of a minor child killed due to the negligence or intentional action of someone else can file a wrongful death lawsuit on behalf of their child. However, state laws vary as to whether a parent can file a suit in the wake of a death of their adult child. Speak with a wrongful death lawyer Houston, TX residents trust today to better understand your options in the wake of your child’s death. The experienced team at John K. Zaid & Associates can advise you of your rights and help to ensure that they remain protected and respected throughout any legal processes you choose to pursue.
When Can a Wrongful Death Suit Be Filed?
Here are a few situations that might lead parents of a deceased child to speak with our Houston, Texas wrongful death injury law firm about filing a wrongful death suit:
- Murder: If someone murdered the child, then the parents might file a lawsuit against that person. This type of case can proceed regardless of any criminal proceedings that may happen.
- Medical malpractice: If a child dies because a doctor misdiagnoses an illness or because the doctor fails to provide adequate care, the parents may bring a wrongful death action against that physician, practice, or hospital.
- Automobile accidents: In a car accident where a child dies, the parents may file suit against the at-fault parties.
One exception to the laws on wrongful death lawsuits involves some deaths that occur on the job. Those cases may need to proceed through the state’s workers’ compensation system. For example, if a 16-year-old working on a farm perishes as a result of a fall, the parents could be required to follow the workers’ compensation laws rather than immediately filing a wrongful death suit.
What Is the Burden of Proof for Parents?
The parents must prove the same standards that the victim would have had to show in a personal injury case had the child lived. Our Houston, TX wrongful death injury law firm can help parents to demonstrate the following facts:
- That the defendant had some duty of care to the decedent
- That the defendant breached that duty of care
- That the defendant’s actions or lack thereof resulted in the death of the child
Once these standards are proven, then the plaintiff must prove that the damages the parents are seeking to recover are reasonable and directly related to the death of the child.
What Are Wrongful Death Damages?
Here are some types of damages that the parents might ask the court to award.
- Medical expenses incurred because of the incident but before death
- Pain and suffering before death
- Funeral expenses
- Loss of love and companionship
This list is not exhaustive, and if you’ve lost a child due to someone else’s behavior, please consider connecting with our Houston, TX wrongful death injury law firm to assess the specifics of your case. We can walk you through this process step by step.
If you lost a loved one in an avoidable act of negligence or violence, the attorneys from our Wrongful Death Law Firm in Houston, TX at John K. Zaid & Associates can only imagine the anguish. You may be wondering if you are eligible to file a wrongful death lawsuit against the perpetrator. One of the primary reasons for filing such a lawsuit is to recover the costs associated with the decedent’s medical treatment for their fatal injury, their burial costs, and other damages.
Consult With John K. Zaid & Associates
Certain legal criteria must be met for a wrongful death lawsuit to be considered valid by a judge. To discover whether or not your case has merit, request a free consultation with our Wrongful Death Law Firm in Houston, Texas. After a case review, you can decide if you wish to move forward with a lawsuit or else go in a different direction.
Our wrongful death lawyers in Houston, TX at John K. Zaid & Associates represent families and individuals in the Texas area. We have an outstanding record for obtaining settlements for clients as well as winning lawsuits.
Common Wrongful Death Scenarios
Though somebody may be killed under almost an infinite number of circumstances, some scenarios are more common than others, at least insofar as wrongful death actions. Here is a selection of them:
Around 225,000 people die in the United States every year due to medical malpractice. If your loved one’s medical caregiver made a fatal mistake, whether it was related to a surgical mishap, a delayed or wrong diagnosis, a prescription error, or something else, contact our Wrongful Death Law Firm in Houston. Our team can review your case at no charge.
Car or Truck Accident
Fatal motor vehicle accidents are all too common in Texas. Many are due to distracted drivers, motorists under the influence of alcohol or narcotics, and road rage. A high percentage of fatal accidents involve construction workers who are killed by passing motorists. Negligent truckers are also at fault for a number of fatalities.
Murder and Other Criminal Acts
As our Houston, TX Wrongful Death Law Firm team can explain, murder and manslaughter are criminal acts that may put the killer behind bars. But, if they are not convicted, they can still be held responsible for someone’s death via a wrongful death civil lawsuit. Even if the perpetrator eludes jail time, they are likely to be held financially responsible and may have to repay that debt for the rest of their life.
Though some jobs are far more dangerous than others, a fatal workplace injury could occur almost anywhere. If your loved one was killed in a construction accident, an electrical accident, or in any other type of situation while on the job, you may have grounds for filing a wrongful death lawsuit against their employer and/or a responsible third party.
Consult a Seasoned Wrongful Death Lawyer
Regardless of the circumstances under which your loved one was wrongfully killed, you may have grounds to pursue a civil lawsuit against the negligent person or company responsible for the death. To learn more about your legal options, contact our TX Wrongful Death Law Firm in Houston at John K. Zaid & Associates for a no-obligation case review.