Filing a Houston Wrongful Death Action

When a loved one passes due to another person’s carelessness, figuring out what to do next can feel draining. Figuring out the legal system on your own can be complex, especially when dealing with the emotional aftermath of a tragedy. The law provides a structured process for cases like yours and allows family members to hold the right people responsible and seek compensation for their loss.

If you have lost someone you love due to another person’s carelessness, you have legal rights under the state’s wrongful death statute. A qualified wrongful death attorney could help you seek compensation for the loss of your loved one. When you want help filing a Houston wrongful death action, trust our experienced legal team to be by your side and to get the job done right.

What to Know About State Laws

Certain laws can make or break a wrongful death action in Houston. For example, only a parent, spouse, or child can pursue a wrongful death lawsuit. They are allowed to file the claim even if they legally adopted the deceased or if the deceased legally adopted them. An executor of the estate can also legally file a claim if no one else does. Siblings are not included and cannot pursue such claims.

The statute of limitations is another major legal factor affecting a case’s overall success. The state’s statute of limitations for personal injury claims is two years, meaning a plaintiff must file their wrongful death claim within two years of their loved one passing away. When they miss that deadline, they lose their chance of being compensated for their losses. A Houston attorney could answer questions about a person’s right to file a wrongful death claim.

The Process of a Lawsuit

The first step when filing any sort of claim is to hire an experienced attorney who understands the rules of a wrongful death action. An attorney could investigate the facts of a case, investigate the circumstances of the death, gather evidence, and identify liable parties.

The lawsuit begins with a lawyer drafting and filing a formal complaint detailing the claims against the defendant(s). The defendants will be formally notified of the action against them. The case will begin, and the parties will exchange information through the discovery process through depositions, interrogatories, and document requests.

Cases are often settled out of court through negotiations between the parties. When the parties cannot agree, then the case proceeds to trial before a judge who will determine liability and damages. A qualified Houston attorney can help assemble the most convincing evidence for a wrongful death lawsuit.

Calculating Your Financial Award

Liability can make or break the amount of money a plaintiff will receive in a personal injury case. The follows a modified comparative fault model, so the deceased’s own negligence affects the possible amount of damages. However, survivors are not entitled to compensation if the deceased is more than 51% at fault for the incident.

People seek two main types of damages. The first is economic damages, which include receipts or monetary amounts documenting the costs of a person’s losses. Some examples can include medical bills and repair costs. The other is non-economic damages, which are subjective and more abstract. They may include concepts like mental anguish, loss of consortium, and reduced quality of life. A Houston attorney can accurately gauge the damages a family can successfully seek when filing a wrongful death action.

Get Help from a Houston Attorney When Filing a Wrongful Death Action

Coping with the death of a loved one is tougher than words can convey. When their death is because of someone’s unjust, negligent, or wrongful conduct, it is even more painful to grieve. The resulting pain and trauma can be difficult to bear alone.

If someone you love has passed away due to another individual’s recklessness, an attorney could assist with filing a Houston wrongful death action. Speaking with our experienced legal team is the best way to protect your family’s rights. Call or email us now to schedule a consultation.