Houston Wrongful Death Cases
The wrongful death of a loved one can be a profoundly difficult event to weather. After a loved one dies, it can often seem as if things will never again be the same. The loss of a loved one can also lead to financial difficulties and other obstacles. Fortunately, the Texas legal system affords compensation for the surviving loved ones of a wrongful death victim. To reach the best possible results when a wrongful death occurs, it is often essential for a wrongful death victim’s loved ones to contact an experienced Houston accident attorney. These types of cases also tend to proceed more smoothly when involved parties understand some elements about the manner in which wrongful death cases occur.
What Constitutes A “Wrongful Death”
When a person dies in Houston and the surrounding area due to the misconduct or negligence of another, the victim’s family can file a wrongful death claim against the party that caused the event. In the event that a wrongful death case is successful, the family and loved ones of a deceased individual are awarded a settlement amount to help compensate for the accident.
Wrongful deaths can arise in a variety of situations including motor vehicle accidents, defective or faulty products or equipment, nursing home neglect, medical malpractice, premise liability accidents and a variety of other environments.
Texas Law That Addresses “Wrongful Death” Cases
In the state of Texas, wrongful death cases are governed by the Texas Wrongful Death Act. This Act gives standing to the family members and loved ones of a wrongful death victim to bring legal action for damages resulting from the wrongful death. In Houston and the rest of texas, if another’s negligence causes the death of an individual then that negligent individual may be held accountable through a wrongful death action.
The loved ones or family of a wrongful death victim to successfully argue a wrongful death case must successfully demonstrate that another individual’s negligence or intentional actions directly caused the wrongful death.
The loved ones and family members of a wrongful death victim must remember to initiate a wrongful death action as soon as possible. In the state of Texas, the statute of limitations for wrongful death actions is almost always two years from the date that the wrongful death occurred. It is often important that an wrongful death action be initiated before this time to make sure that an adequate amount of evidence regarding the wrongful death is collected.
“Survival” Actions In The State Of Texas
“Survival” actions in the state of Texas are slightly different than wrongful death actions. With survival actions, a deceased individual’s estate or heirs initiate a personal injury lawsuit against a negligent party. Survival actions differ from wrongful death actions because survival actions exist in much the same manner as a negligence lawsuit would if the deceased individual was still alive.
How A Houston Accident Attorney Can Help
There are many types of compensation that can be awarded after a wrongful death occurs. The variety of compensation includes funeral expenses, awards for loss of companionship or support, lost wage and benefit awards, medical expenses, pain, and suffering. An experienced Houston accident attorney will be able to obtain the largest amount of compensation possible for the loved ones of a wrongful death victim.