Houston Wrongful Death Lawyers Seeking Justice for Family Members of Wrongful Death Victims
Few experiences are more painful than tragically and suddenly losing a family member. However, knowing that the death occurred because of someone else’s negligence can be even more devastating. To make matters worse, the decedent’s family may be thrown into financial chaos if the loved one who died was a primary source of income. Medical expenses, funeral and burial expenses, and lost wages all add up to disastrous results.
However, there are legal options available. The decedent’s children, spouse, or parents may file a wrongful death suit to recover damages caused by the fatal accident. Whether your loved one died in a car accident, construction accident, because of a defective product, medical malpractice, nursing home abuse, or another tragic event, you may be able to get compensation for your suffering and mounting expenses.
If you have lost a loved one, you have our deepest sympathies. Please don’t rely on the insurance company for a fair settlement. Contact The Shariff Law Firm, PLLC today to take action and find justice in your wrongful death case. We have ample experience helping people like you move forward with confidence following the unexpected death of a loved one. Our knowledge of Texas law gives us excellent insight into maximizing your compensation. Call 713-881-9739 to speak with our knowledgeable and compassionate wrongful death attorneys about how we can help you.
What Makes a Successful Wrongful Death Lawsuit in Houston?
Wrongful death suits can be complicated because of the emotional element of these lawsuits. Speaking with an experienced wrongful death attorney who will investigate every detail of your case and provide convincing evidence of your loved one’s wrongful death in the civil court is essential. Proving wrongful death depends on several factors.
Care of Duty
The first step in taking legal action for wrongful death is establishing that the at-fault party owed a duty of care to the victim. This includes drivers who should operate their motor vehicles with care, medical practitioners who owe a duty of care to their patients, and companies that should take care when developing products.
Breach of Care
When a person or company does not fulfill their duty of care, this is known as a breach. Identifying the negligent party’s breach is essential in wrongful death litigation.
Another critical element in seeking damages for the death of a loved one is determining the cause of the death. It must be clearly evident that the individual died as a direct cause of the at-fault party’s negligence.
Finally, the defendant must show that the death of their child, spouse, sibling, or parent caused the family to suffer significant damages. These can include lost income, emotional distress, mental trauma, loss of companionship, loss of consortium, and more.
Filing a successful wrongful death lawsuit can be complicated because of the many factors present. When filing a wrongful death suit, it is critical to speak with a legal representative. Please contact our law office immediately if you believe you have a claim for damages because of your loved one’s death.
What Are Some Common Causes of Wrongful Death?
Going through the wrongful death of a loved one can be one of the most difficult challenges a family may face. These events may occur for a variety of reasons.
Some common causes of wrongful death in Texas are:
- Fire caused by negligence or criminal acts
- Nursing home abuse
- Medical malpractice
- Car accident
- Truck accident
- Bicycle accident
- Defective or faulty product
- Workplace accident
- Pedestrian accident
- Motorcycle accident
- Premises liability accident
Determining the at-fault party for the accident is one of the most critical parts of a wrongful death case. One of the best things you can do during this trying time is to contact a trusted wrongful death lawyer who can help investigate your case and gather evidence to give you a strong claim. Whether your loved one died in an automobile accident, because of negligence from a medical provider, or in a product liability issue, you deserve outstanding legal representation. Call us today to schedule a free case evaluation and see how we can help.
Who Can Sue for Wrongful Death in Texas?
Texas law allows only certain members of the decedent’s family to sue for damages. This includes close family members, especially those who benefited from the individual’s income-earning capacity.
The family members who may bring a wrongful death claim include:
- The decedent’s children, including legally adopted children
- Spouse of the deceased person
- The decedent’s parents
Please note that siblings are excluded from legal rights following the wrongful death of their family member. If you have any questions regarding your rights in a wrongful death case, please contact us immediately.
Choosing to bring a lawsuit following a loved one’s death can be a difficult decision. We understand that, at this time, your family is struggling to cope with losing your beloved family member. Taking legal action may be the last thing on your mind. However, we find that seeking justice and collecting fair compensation can bring an added measure of peace and security to a bereaved family. This may also prevent further people from being harmed by a negligent driver, medical practitioner, or product developer. Other times, it may be necessary to file a lawsuit to discover the truth about what caused your loved one’s death.
If you are suffering because of losing a family member, please don’t hesitate to call us. We offer a free consultation, so you have nothing to lose by reaching out and letting us evaluate your unique case. Our lawyers will listen compassionately to your story and work tirelessly to defend your rights. So call us right away.
What Damages Can I Recover in My Wrongful Death Claim?
Many people who have lost a family member in an accident don’t realize what they could collect in damages following their loved one’s wrongful death. In Texas, it is possible to collect both economic and non-economic damages in a wrongful death suit. Some cases that involve criminal actions may also merit punitive damages.
One form of compensation that may be collected in a successful wrongful death lawsuit is economic damages. These amounts are easily calculated because they usually relate to actual money spent concerning the incident.
Some examples of economic damages in a wrongful death suit are:
- Medical expenses incurred before the decedent’s death – Some medical expenses that could be covered in a lawsuit are doctor’s visits, hospital stays, surgeries, specialist charges, ambulance costs, and more.
- Lost income – If the deceased person earned income, their lost salary or wages may be calculated and added to the damages owed to the bereaved family.
- Funeral and burial costs – This may include the cost of the casket, funeral, and burial plot
- Loss of the decedent’s household duties
Non-economic damages are more difficult to calculate, but they are vital in personal injury law, especially in devastating cases such as wrongful death.
Non-economic damages that may merit compensation include:
- Loss of companionship
- Loss of consortium, which applies to the decedent’s spouse
- Pain and suffering of the deceased person before their death
- Mental and emotional anguish of the family
- Loss of love, guidance, and support
Punitive damages do not apply in every wrongful death case. However, when the death occurred because the at-fault party performed a criminal act, such as driving drunk, the court may award additional compensation for punitive damages.
How Can a Lawyer Help with My Wrongful Death Lawsuit?
If you believe you should file a wrongful death suit after losing a beloved family member in Houston, you may not know where to begin. These cases can be complicated and demand the utmost skill and knowledge of Texas law. That is why it is imperative that you speak with a highly experienced wrongful death attorney like those at The Shariff Law Firm, PLLC. Your attorney will know what steps to take to determine whether you have a claim and file the suit if appropriate.
A skilled lawyer will also investigate the incident to uncover every vital detail leading to the truth about what happened. This can provide evidence that the at-fault party should be held responsible, increasing the compensation your family receives. Your lawyer will confidently argue your case before the court, giving you the best chances of the positive results you and your family deserve.
Your attorney will also help you with alternate legal processes, such as survival action. While a wrongful death suit is essential because it awards compensation to the surviving family members, a survival action adds funds to the decedent’s estate for damages incurred prior to their death. With such complex legal actions, it is imperative to have an experienced legal representative on your side. Please contact our talented legal team immediately, as Texas law provides a strict statute of limitations limiting how long you may wait before receiving compensation. Don’t hesitate to begin the process and risk losing any damages you may collect. Call today!
Should You Hire Our Personal Injury Attorneys?
At The Shariff Law Firm, PLLC, we understand the hardships that come with losing a family member in a sudden accident. We promise to listen compassionately to your story to help you heal and make sense of the accident. We will walk by your side throughout your legal proceedings, fighting aggressively for your family’s rights to financial compensation. We will investigate your unique case to find the answers you and your family members are seeking regarding your loved one’s death, and we will present all the evidence confidently to give you the best chance of getting the compensation you deserve.
Don’t go it alone during this challenging time. You can rely on our experience and knowledge to find answers and healing following your loved one’s wrongful death. We know that no amount of money will bring your family member back. But we believe that getting financial compensation for your damages is essential in healing and moving forward confidently. Take the first step to economic and emotional recovery following your family member’s death. Contact The Shariff Law Firm, PLLC right away by calling 713-881-9739.