Although filing a lawsuit may not be a top priority for individuals who have lost a loved one, it is crucial for the decedent’s heirs to think about doing so as soon as feasible. Also some may find it difficult to find a wrongful death lawyers.
Families may experience severe financial challenges as a result of losing a loved one, in addition to the profound emotional pain that is caused by the loss. This financial burden may be lessened by the money awarded in a wrongful death claim.
Filing Wrongful Death
The deadline for filing a wrongful death claim does exist, though. The statute of limitations is a time frame that varies depending on the state and the type of lawsuit. After this time period has passed, lawsuits cannot be filed and the courts lack the authority to punish offenders and compensate victims.
The wrongful death lawyers at Morgan & Morgan have a long track record of obtaining restitution that honours the value of the deceased and aids the bereaved family in moving past their loss.
After a loved one is wrongfully taken from them due to another person’s negligence, a wrongful death attorney fights to assist the families in receiving justice. If you believe that the death of your spouse, parent, or child was the unintended result of someone else’s carelessness, speak with a wrongful death attorney at Simmons and Fletcher, P.C., Injury and Accident Lawyers for a free consultation to learn more about your legal options.
What Is a Lawsuit for Wrongful Death?
A claim made against a person or business that has negligently contributed to a person’s death is known as a wrongful death lawsuit. It can involve any form of careless behaviour, such as using a car inappropriately, having an accident at work, or even attacking a puppy. The law gives certain heirs, relatives, and representatives the right to file a lawsuit against the careless person.
Why Should I Hire a Houston Attorney for Wrongful Death?
When someone kills a loved one out of negligence, hiring a Houston wrongful death lawyer can help the family find closure as well as financial compensation for their loss and future needs. Why is frequently the biggest question. Furthermore, filing a wrongful death lawsuit is a way to make a careless corporate actor pay for their mistake and learn from it so that they won’t harm anyone else again in the future.
Who in Houston May File a Wrongful Death Claim?
In Texas, wrongful death claims may be filed by parents, kids, or surviving spouses. Only surviving children, parents, and spouses have a three-month window under the Texas Wrongful Death Statute in which to file a wrongful death lawsuit when a loved one passes away in Texas. The executor of the estate, who may be an unfamiliar court-appointed representative, can then file a lawsuit on behalf of the beneficiaries if, after the three-month period has passed, none of the aforementioned parties have filed a wrongful death claim in the decedent’s name. A survival cause of action for the decedent’s personal suffering may also be brought by the decedent’s estate. An accidental death lawyer can make this procedure simple and efficient.
Other Family Members and Former Partners:
The Texas Wrongful Death Statute does not provide a cause of action for a deceased person’s brothers, sisters, aunts, uncles, cousins, or previous spouses. (Under the wrongful death laws of several other States, siblings are given a right to sue.) There was no right to compensation for someone else’s wrongful death under Texas common law. Therefore, those who are not expressly granted rights by the statute do not have any. However, for the purposes of a survival action, some of these people might be considered heirs to the estate. You can learn more about this from our Houston wrongful death lawyers.
Do Parents in Houston Have Rights to Unborn Children?
The wrongful death statute particularly protects parents of unborn children, who can therefore file a lawsuit for an unborn foetus that perishes or fails to be born as a result of someone else’s negligence. However, it prohibits anyone from bringing a claim against the unborn child’s mother or a doctor in the following situations:
the procedure was carried out by the doctor or other health care provider legally and with the necessary consent, and the death was the intended outcome;
a person who legally dispenses or administers drugs, if the death was brought on by the legal dispense or administration of the drugs.
If the death results directly or indirectly from, is connected to, results from, or is related to a lawful medical or healthcare practise or procedure of the doctor or other licenced health care provider in this state.
The aforementioned exclusions 1-3 bar legal claims against the child’s mother or the doctor for foetus fatalities brought on by legally procured abortions.
When a pregnant woman is involved in an accident, whether it be a truck accident, car accident, slip and fall accident, or instance of medical malpractice, claims for the unborn children may be made. The fetus’s parents alone have the authority to file a wrongful death lawsuit.
What is the Houston, Texas, Wrongful Death Claim Deadline?
There are two dates that need to be remembered. According to Texas law, the surviving spouse, children, and parents of a wrongful death victim have three months to file a claim against the parties at fault for the death. They alone have the authority to file a lawsuit during this time. The estate executor may file the claim after the three-month period.
Second, two years pass from the time of the wrongful death before a lawsuit can be filed. During this time, the estate or some of the beneficiaries must file a lawsuit, otherwise the claim is lost for good. From the 90th day following the decedent’s passing until the expiration of the two-year statute of limitations, the surviving spouse, children, parents, and the estate may all bring a wrongful death claim.
What kind of compensation can a Houston wrongful death attorney seek?
In a wrongful death claim, a wide range of damages may be demanded. In addition to the standard personal injury damages, wrongful death beneficiaries may also seek damages for the estate, the relationship between the parties, and the immediate family members.
These are a few of the damages:
Loss of Earning Capacity: The amount of money that the deceased would have been able to earn and give the beneficiaries in order to support them.
Loss of Household Services is the fair market value of the household services that the deceased would have provided to the family had he not been killed, such as cleaning and other assistance.
Loss of Society and Companionship: The estimated cost of the absence of the family’s loved one’s affection, advice, and emotional support.
The value of the pain and suffering you have experienced as a result of losing a loved one is known as mental anguish.
Loss of Inheritance is the value of the assets that you might have reasonably expected to inherit from a loved one had they lived to full maturity and left behind those assets.
Additionally, if the defendant acted maliciously, negligently, or both to cause the wrongful death, you have the right to pursue punitive/exemplary damages.
The estate also has the option of filing a survival action.
How Much Does a Houston Wrongful Death Attorney Charge?
You can hire a wrongful death lawyer on a contingency fee basis, meaning that you pay nothing unless the lawyer wins your case.