Wrongful Death Lawsuit Lawyer Houston
A wrongful death lawsuit lawyer in Houston, Texas from John K. Zaid & Associates knows there are many dangers lurking around every corner. You could be going into a simple appendectomy, conducting a repair in your house, or even driving on the road. While these are activities people do on an everyday basis, you could still be harmed by medical malpractice, using a defective product, or a traffic collision that is fatal. If you have lost a loved one suddenly through someone else’s negligence, a wrongful death lawyer Houston, TX recommends knows there is nothing that can help remove your pain. While there is no amount of money that can help you cope, filing a wrongful death lawsuit can still help give your family the financial resources it needs so that no one person ends up bearing the brunt of the financial hardship.
If you believe a loved one’s death was the result of someone else’s negligence, you can potentially seek damages from the person or persons who caused the death. Talk with our trusted Houston wrongful death lawyer now.
What must be proven?
In some cases, a wrongful death claim can be settled outside of court with no trial. Both attorneys can present their clients’ sides and negotiate before ever stepping foot in a courtroom. If the settlement is acceptable to both parties, it usually ends there. However, if the wrongful death lawsuit ends up at court, you (the plaintiff), would need to prove the facts of the wrongful death claim to win the lawsuit. The elements of the claim are usually divided into three categories:
- A Duty of Care. Simply stated, the plaintiff will need to show that the defendant owed a “duty of care” to the person who is deceased. For example, if you are dealing with a wrongful death that happened in a traffic accident, it must be proven that the defendant was under obligation to obey different traffic laws and that they were expected to drive in a reasonable manner.
- There was a Breach of This Duty of Care. The plaintiff is also required to prove that there was a breach of this duty of care to the deceased person. To follow the aforementioned example, the defendant might have been driving recklessly—speeding excessively, running a light or a stop sign, or disobeying other traffic laws.
- Cause of Death. After the first two steps, the plaintiff must then prove that this breach of duty caused the wrongful death of the deceased.
Who receives damages in wrongful death suits?
When a plaintiff has won a wrongful death case, the damages are paid out to those closest to the deceased. For example, this could be a living spouse or the next of kin to the deceased person. A Houston wrongful death lawsuit lawyer knows there are several things the plaintiff can seek damages for, including:
- Mental suffering
- Loss of love
- Loss of guidance
- Sorrow, and more
How quickly should you file a wrongful death claim?
It is most beneficial to file a claim as soon as the wrongful death has happened. In many states, however, the family members of the deceased can file up to one or two years after the death.
Contact a Wrongful Death Lawsuit Lawyer Houston, TX Trusts
If you are the loved one of a person who has died through someone else’s negligence, you may have many questions regarding how to file a wrongful death claim. If you are unsure of the next steps or have further questions, please contact a wrongful death lawsuit lawyer in Houston from John K. Zaid & Associates today.