The passing of a loved one can change your life in a flash. Your reaction to such a tragic event might involve taking some time to yourself to grieve. It could include holding your surviving loved ones closer. Perhaps you throw yourself into a hobby to take your mind off the pain.
No matter how you choose to channel your grief, one of the last things you probably want to do at this moment in your life is sit down with an attorney. However, if you believe that someone’s negligent, reckless, or malicious actions caused or contributed to your loved one’s death, you should schedule a consultation with a skilled wrongful death lawyer in Houston as quickly as possible.
In addition to the pain and emotional trauma it brings, losing a loved one can result in financial woes, particularly if you relied on the person’s income to help pay your bills. Your weakened emotional state could potentially affect your own earning capacity, exacerbating your money problems further. A wrongful death settlement can provide you with much-deserved compensation for your loved one’s death, potentially easing the budgetary stress that often follows, hand-in-hand, with tragedy.
Unfortunately, Texas laws do not provide an unlimited window to file a claim. The state’s statute of limitations on wrongful death actions is two years from the day of your loved one’s death. While a proper grieving process is understandably your priority, it is important to meet with an attorney to discuss your legal options as soon as possible.
The legal team at D. Miller & Associates, PLLC, can fight for your claim with compassion and conviction. We have been in business for many years, dedicating a significant share of that time to wrongful death cases. We have a strong track record of winning settlements for our clients.
We want to put our knowledge, skills, and resources to work for you. We understand this is a difficult time in your life, perhaps the most emotionally wrenching thing you have ever gone through. While your loved one’s life was priceless, we can help you gain a measure of closure by demanding accountability from the responsible party or parties. We fight for fair compensation, helping ease any financial burden your loved one’s death has caused. Call us today at 713-850-8600 for a free consultation.
What Are Wrongful Death Damages?
In certain situations involving the death of a person you love, you are eligible to receive compensation from the person, persons, or entity that caused or contributed to your loved one’s death.
Generally, if the negligence or misconduct of someone else was a factor in the death of your loved one, Texas law allows you and other family members to file a claim for monetary damages from the responsible party or parties.
This compensation covers mental anguish, emotional pain, loss of companionship, and similar non-tangible losses that occur following the death of a loved one. Non-tangible losses are those that have no specific dollar value.
What Determines If a Wrongful Death Case Is Valid?
If we can demonstrate that an individual or entity, in their interaction with your loved one, did not behave in the responsible manner expected of a prudent person—and as a result, their actions contributed to your loved one’s death—we could have a strong claim for wrongful death damages.
The specific elements of a successful wrongful death case include:
- Proof that the at-fault party had a duty of care to your loved one;
- Evidence that he or she breached this duty; and
- Proof that these wrongful actions caused or contributed to the death of your loved one.
Common Types of Wrongful Death Claims
Many situations exist that can trigger a wrongful death claim. Anytime the circumstances of your loved one’s death meet the criteria listed above, we can pursue the party in question for damages and have a strong chance of winning.
Some of the most common situations that lead to successful wrongful death claims include the following.
If another driver’s careless or reckless actions caused a car accident that resulted in your loved one’s death, we can pursue a claim against that driver.
If the accident that killed your loved one involved an 18-wheeler, we can potentially go after both the individual driver and the trucking company. This is because trucking companies have vicarious liability for employees’ actions.
Many wrongful death claims result from preventable on-the-job accidents. If your loved one died in a workplace accident, we may be able to pursue wrongful death damages from a third party, such a site owner or equipment manufacturer.
If your loved one died while under the care of a negligent medical professional, they may have committed medical malpractice. In this case, we can go after the individual as well as the medical facility where the treatment was taking place.
Sadly, wrongful death cases sometimes involve homicides. Even if a judge or jury cleared the individual of criminal charges, we might still have a valid wrongful death claim. This is because the evidence threshold in civil court is significantly lower than the requirements in a criminal case.
Who Is Eligible to Receive Wrongful Death Damages?
The following parties qualify to receive wrongful death damages after losing a loved one to another party’s negligent, reckless, or malicious actions:
- Surviving spouses;
- Surviving parents; and
- Surviving children.
In cases of extreme negligence, recklessness, or malicious behavior, we can also pursue punitive damages. Punitive damages are additional compensation a judge orders as punishment for the at-fault party’s behavior. We can review your case to determine if this could be an option for you.
Call D. Miller & Associates, PLLC, for Help With Your Wrongful Death Claim.
The legal team at D. Miller & Associates, PLLC, is here to fight for your rights during this trying time in your life. To set up a free consultation with one of our wrongful death attorneys, call our office today at 713-850-8600.