Top Wrongful Death Lawyer Houston, TX
Wrongful Death Lawyer Houston, TX
Legal Resolution for a Wrongful Death
A Wrongful Death Lawyer Houston, TX Families Turn to for Help
A wrongful death is one that was avoidable but for the actions of another person, whether it was negligence, assault, or an unjust act. At John K. Zaid & Associates, every wrongful death lawyer in Houston, TX from our firm fights for the rights of family members who have suffered the loss of a loved one. During this period of immeasurable grief, finding resolution and retribution for the death of someone cherished can be beneficial for family members. A family can take the person who killed their loved one to court in an effort to hold them accountable for their actions. As the result of a successful wrongful death lawsuit, the guilty party will have to pay a court-determined sum of money to your family. This can’t erase the loss of your loved one, but it can help to pay bills related to their death such as funeral expenses and the loss of their income. Call us for a free consultation with a wrongful death lawyer serving Houston, TX from our firm to find out more.
What is a wrongful death?
As our wrongful death lawyer Houston, TX might explain, a wrongful death is one which involves somebody killing somebody else in an intentional or unintentional act. This is not limited to an act of premeditated murder. This article includes an overview of the laws surrounding wrongful death classifications, but nothing substitutes speaking to an experienced wrongful death lawyer Houston, TX from John K. Zaid & Associates. This is because every scenario has a unique combination of variables, and one or more details can affect how a court might view the circumstances of a particular death, and whether or not it was an unavoidable accident that was not anyone’s fault.
To help us determine if we may be able to help your family pursue a wrongful death lawsuit against someone, talk to our wrongful death lawyer Houston, TX. We provide grieving loved ones a free consultation during which they can explain what happened to their family member. With a clear understanding of how the tragedy occurred, our wrongful death lawyer Houston, TX can provide you the guidance you need to make informed decisions about moving forward.
Is a wrongful death lawsuit a criminal proceeding?
No, it is a civil action in which the decedent’s heirs or beneficiaries can seek financial retribution from the person or company responsible for their loved one’s death. Wrongful deaths fall under what is known as “tort law” and the specifics of the concerned laws vary from state to state. Someone who is found guilty in a civil court of law of the victim’s wrongful death are not subject to jail time. However, they may also be charged in a separate criminal trial if the state decides to pursue homicide, manslaughter, or another criminal charge against them. Understand that a person may be found innocent in a criminal trial, but guilty in a civil trial (or vice versa) for the same charge or complaint. If you anticipate the at-fault person will face criminal charges for causing the death of your loved one, our wrongful death lawyer Houston, TX will take that into account when forming a legal strategy for representing your family during litigation.
The Elements of a Wrongful Death Lawsuit
A wrongful death lawyer in Houston, TX from John K. Zaid & Associates can investigate the circumstances of a victim’s passing and determine whether or not the case includes the necessary components of a wrongful death case. If they are all present, loved ones of the deceased may have the legal right to file a lawsuit against the person who caused their loved one’s death. Below are the four elements of wrongful death:
- The party was negligent or liable for death of victim.
- The party and his/her conduct caused the death.
- There are beneficiaries or surviving family members of the deceased.
- As a consequence of the death, there are financial damages.
Most Common Wrongful Death Circumstances
Wrongful deaths are not limited to intentional acts such as premeditated murder. It can occur in a number of ways. When you choose to work with a wrongful death lawyer in Houston, Texasfrom John K. Zaid & Associates, you can rest assured we will handle your case with the care and sensitivity it deserves. Our firm can be of assistance to you whether your loved one passed away due to one of the following reasons, or if it occurred under different circumstances:
- Death from an on the work accident.
- Vehicle accident.
- Medical malpractice.
- Malfunctioning or defective product.
- Slip and fall accident.
- An argument escalates to a physical fight, and one of the participants hits the other person, causing them to fall and sustain a fatal head injury.
- A homeowner does not sufficiently secure their pool from intruders and as a result, a trespassing child falls in and drowns.
- A pediatrician does not recognize obvious signs of fetal distress, and though the mother gives birth to the infant, the infant dies shortly afterwards due to the physician’s negligence.
- Learn about Factors of a Wrongful Death Lawsuit
Filing a Wrongful Death Lawsuit
The death of a loved one is a life-changing experience. If their death was the result of another person or group’s negligence then you may be able to bring forward a lawsuit, with the help of a wrongful death lawyer for Houston, TX.
John K. Zaid & Associates, PLLC understands what you need during this difficult time. You and your family need a shoulder to lean on and advice you can trust. The attorneys at John K. Zaid & Associates, PLLC are here for you and ready to listen to your story. Let us determine what legal action is possible in your case. Learn about Why won’t a wrongful death lawyer take my case?
Here we will explain some of the common causes of death in wrongful death lawsuits, who can file the lawsuit and what types of damages could be recovered.
What are some causes of death that could result in a wrongful death lawsuit?
Each state has its own laws governing wrongful death lawsuits. Typically, however, those filing the lawsuit must show the victim’s death was caused by another’s negligence or intent to harm. The survivors must also show they have suffered a financial loss as a result of the death.
As for how the victim dies, there could be several different reasons. If the above requirements are met, typically a wrongful death suit can be filed, ideally with the help of a Houston, TX wrongful death lawyer.
These are some common causes of death in wrongful death lawsuits:
- Car accidents
- Medical malpractice
- Murder and other criminal acts
- Job conditions with exposure to hazardous substances or conditions
Who may file a wrongful death lawsuit?
The people filing a wrongful death lawsuit will have had a close personal relationship with the decedent (the person who died). Usually, the person or persons filing the suit may be:
- Surviving spouse
- Putative spouse or domestic partner
- Minor living with the deceased (not necessarily a biological or adoptive child)
- Dependent parent
- Personal representative or designated heirs
Some states allow only the personal representative to bring forward a wrongful death lawsuit on behalf of the decedent’s survivors. In these cases, any monetary damages recovered are placed into a special account or trust to be distributed to all relevant parties.
What if the decedent had a will?
These are instances where a personal representative will bring forth the lawsuit. If the decedent has a will, the personal representative is most often the executor of the estate.
How quickly must the lawsuit be filed?
The statute of limitations on wrongful death lawsuits vary by state and a wrongful death lawyer serving Houston, TX will know which statutes apply to you. The shortest is one-year while some states allow up to three years, from the date of the decedent’s death.
What kinds of damages are awarded?
Damages will vary depending on the exact details of your case, that’s why it’s important to work a skilled wrongful death lawyer Houston, TX families rely on. John K. Zaid & Associates, PLLC has represented many wrongful death lawsuits in Houston, TX. We will fight to bring justice in the death of your loved one, and to ensure survivors are cared for.
Some types of damages that are often considered:
- Death-related expenses such as medical and funeral costs
- Loss of companionship
- Loss of decedent’s future earnings
- Punitive damages if proven the wrongful death was intentional
Do I need an attorney with experience in wrongful death cases?
Working with a specialized wrongful death lawyer Houston, for TX will always yield higher success. If you are considering a wrongful death lawsuit John K. Zaid & Associates, PLLC knows what action to take.
John K. Zaid & Associates, PLLC has been representing families in wrongful death lawsuits for many years. We will uncover what’s possible in your particular case and advise you of what needs to happen next.
We Will Protect Your Family’s Best Interests
Wrongful deaths are considered a civil action rather than a criminal action; this means that if found guilty, the defendant will not go to jail but rather will have to pay your family a settlement. However, a civil lawsuit can be filed against that person whether or not they are also facing criminal charges for their actions. No matter what kind of circumstances are associated with your family member’s wrongful death, having a skilled wrongful death lawyer in Houston, TX from John K. Zaid & Associates can bring your loved one some justice. And, you can feel more at ease knowing we will fight aggressively for you from start to finish.
Call a Wrongful Death Lawyer Houston, TX Locals Recommend
We can converse over the phone or schedule a meeting in person to go over the details of your loved one’s passing. Our attorneys at John K. Zaid & Associates will handle your case with the utmost professionalism, kindness and compassion. We provide a compassionate and patient ear during a no-cost consultation to discuss your case. Call John K. Zaid & Associates today for a free consultation with a wrongful death lawyer Houston, TX families trust.