Wrongful Death Attorney In Houston
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Call a Competent Wrongful Death Attorney In Houston
Even though considering legal action is never a priority for those who lost their relatives, it is important for these survivors to seek the professional assistance of a wrongful death lawyer as fast as possible.
The emotional trauma of losing a relative cannot be stressed enough, especially if the death is due to someone else’s negligence. It is also possible for these families to suffer financial issues. A wrongful death lawsuit can be significant in easing this financial burden by claiming compensation.
Be that as it may, the time limit for pursuing a wrongful death claim cannot be ignored. The statute of limitation, as the time is called, often varies from one state to another. The type of lawsuit also determines the time limit. The court cannot offer any kind of punishment to violators as soon as this time period has expired. After this period, compensation cannot be offered to victims, and lawsuits cannot be filed.
The wrongful death attorneys at Take That To Trial have 20 years of experience in helping clients successfully pursue compensation claims. Our lawyers are always available and will provide important details of any updates.
What Is Wrongful Death?
Wrongful death claims are civil actions that are pursued by the relatives of an individual who passed away owing to the misconduct or ignorance of another party. According to the law, the family members of the decedent can file a wrongful death suit seeking monetary compensation for damages. The aim of such a wrongful death action is to help victims receive compensation for relatives who relied on the deceased for emotional and financial support.
What Makes a Wrongful Death Case
As stressed earlier, wrongful death occurs due to the negligence, recklessness, or deliberate misconduct of another party, which leads to a fatality. The term “negligence” is regarded as the intentional failure of an individual to behave reasonably like a prudent person would have under similar circumstances.
If you wish to establish a wrongful death compensation claim, you need the legal assistance of an attorney to prove that the individual had the responsibility (duty of care) to the deceased. You should also be able to prove that their act or omission breached that standard of care.
Furthermore, their wrongful actions were the direct cause of the injury or death of the decedent, as well as the resulting damages.
Some of the most common causes of wrongful death are listed as follows:
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Birth injuries
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Car accidents
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Medical malpractice
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Truck accidents
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Workplace malpractice and accidents
Damages from Wrongful Death Lawsuits
To determine the amount of damages that the survivors of the deceased are entitled to, certain factors are considered by the court. These factors could range from the relationship between the deceased and the survivor, the financial support the deceased provided (in terms of net income), and the life expectancy of the parties involved, among other factors.
The relationship the relatives share with the decedent will contribute to the entitlement they can get to enjoy certain benefits. More on this is explained as follows:
Spouse
Compensation could be claimed by a surviving spouse, which could be recovered for the loss of the companionship they enjoyed with the decedent, as well as the protection. The suffering and the mental pain from the date of injury.
The parents can include parties who are legally married or those who satisfy the requirements of a common law marriage. In the eyes of the court, a common law marriage is only valid if two people agree to get married, start living together as married couples, and are recognized as married to others.
More issues arise anytime spouses separate or divorce and one of the two people are killed. It is worth noting that spouses who were going through a divorce or were separated can still pursue a wrongful death compensation claim. This is even allowed if the surviving partner remarries after the death of their spouse.
On the other hand, spouses whose divorce has been finalized prior to the death of the individual cannot file a wrongful death lawsuit or pursue a compensation claim. Once the divorce is final, the marriage becomes invalid and they are no longer spouses.
Furthermore, legally married couples of the same sex who satisfy all the requirements of a common law marriage can now pursue a wrongful death compensation claim in the state of Texas.
Children
It is possible for minor children to pursue compensation for lost parental companionship and instruction. The mental pain, suffering, and loss of guidance from the date of injury.
The children may be biological or fully adopted. Anytime there are minor children survivors of the decedent, their right to pursue a compensation claim often lasts until they are of legal age to file a lawsuit. What this implies is that the statute of limitations will only start running when a minor turns 18. Be that as it may, in most situations in which a surviving minor child exists, another guardian or parent seeks the compensation claim on their behalf.
Parents
The parents of a deceased minor child may pursue compensation claims for mental anguish and pain from the date of injury. However, this does not include foster parents or stepparents. This is even true if they were the child's only guardian or they had a close parental relationship with the child.
Oftentimes, different questions may arise as a result of parentage, especially if a person does not have their name on the birth certificate. If you are a father who lost their child, but could never prove parentage, you should reach out to a Houston wrongful death lawyer as soon as possible. You may need to prove you are the father of the child before you can pursue a compensation claim or file a wrongful death lawsuit.
Adoption situations are not without their challenges as well. In many cases, parents have legal and physical custody of adoptive children before the formal completion of the adoption process. Yet, adoptive parents can only be entitled to file a wrongful death suit as soon as the adoption is complete.
All
It is also possible for each survivor to pursue and recover the value of lost support, which dates from the decedent's injury to their death. Interests may be added to this, as well as loss of future support and other services lost. Besides this, other expenses may be added to the list of damages to ensure that enough compensation has been paid.
Besides the compensatory damages mentioned above, punitive damages may be imposed by the court. Punitive damages are similar to punishments, which are necessary for situations where the reckless, intentional, and negligent actions of a party lead to a wrongful death.
By imposing these damages on the offender, the appropriate punishment is served by the guilty party. These punitive damages act as a warning to discourage other people from such acts, informing them of the fate they may suffer if they do so.
At Take That To Trial, our experienced lawyers know all it takes to pursue compensation claims for a family after a wrongful death caused by another party's negligence. Our attorneys understand the pain such a family is confronted with. We help our clients understand the various legal options they can explore. You can reach out to us for a free consultation.
Furthermore, it should be stressed that our attorneys have a wealth of experience in a wide range of personal injury areas.
Who Can File a Wrongful Death Lawsuit?
When you unexpectedly lose a loved one, it may become even more difficult to mourn, especially if their death was someone else's fault. Besides being unprepared to lose someone so dear to you without any warning, learning that the carelessness, ignorance, or recklessness of another person caused the death. This might have financial consequences and this difficulty may make you consider seeking legal remedies. In the state of Texas, certain individuals are entitled to file a wrongful death lawsuit to seek compensation:
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Spouses
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Children
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Parents
The Wrongful Death Statute Of Limitations
According to Texas law, the surviving spouse, parents, and children - or the estate’s representative - have two years from the time the action accrues to file and pursue a wrongful death claim. This time limit begins from the day your loved one passed away. However, this is not always the case. Multiple circumstances may arise, which may pause or prolong the start of the wrongful death statute of limitations.
Negotiating compensation may take several months. Sometimes, an agreement may prove impossible to be reached. Then, the best course of action is to file a lawsuit in court. Doing all these takes a lot of time. For this reason, it is important to contact a top wrongful death attorney in Houston. At Take That To Trial, we have experienced lawyers to help you pursue the compensation claim you deserve.
Who is not ALLOWED to File a Wrongful Death Suit?
In certain situations, the death of an individual in Texas may not be litigated since there are no appropriate survivors. As a result, it may be impossible to file a wrongful death lawsuit. To pursue a compensation claim, an individual must fit into certain categories of parent, spouse, or child. Other relatives or members of the family who cannot pursue compensation or file a wrongful death suit are listed as follows:
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Grandparents
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Siblings
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Fiancés
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First or extended cousins
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Other extended family
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Aunts and uncles
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Live-in boyfriends and girlfriends
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Unmarried partners who do not fulfill common law marriage requirements
This can be quite difficult for these families. For many families, there are unique arrangements that involve a child being raised by their extended families or grandparents. Sadly, this arrangement must be legally recognized via adoption before the passing of the child. Then, the surviving family may not be able to hold the guilty party accountable.
Something similar can happen for long-term romantic relationships who are not married yet. It is possible for an individual to feel the closest to the decedent and the most entitled to compensation for recovery even if they are not biologically or legally related to the decedent. As a result, they can be barred from pursuing any claim.
The Importance of Reaching Out to a Wrongful Death Attorney in Houston?
If you have a relative who passed away from recklessness, carelessness, or negligence of another party, you are entitled to a Houston wrongful death attorney. The earlier you seek legal assistance, the higher your chances of getting the compensation you deserve. Yet, there are certain attributes that you should pay attention to before hiring the service of a top lawyer in Houston. Keep on reading to learn more!
Objectivity And Legal Knowledge
The passing away of loved ones is followed by a combination of suffering, strong emotions, and pain. The possibility of suffering from post traumatic stress disorder can make it much more difficult for victims to deal with compensation claims all by themselves. This is where the service of an experienced Houston attorney can be very important.
You can rely on the knowledge of an experienced attorney to acquaint yourself with how to manage your claim to ensure that you receive the right compensation for your losses.
Prevention Of Critical Mistakes
Having an attorney by your side will ensure that you avoid certain costly mistakes. For instance, accepting the first offer you were presented by an insurance company is a very big mistake. This is most likely the lowest value they can offer you.
However, you can prevent falling for this by seeking the service of a top wrongful death attorney in Houston. You should always remember that insurance companies would want to take advantage of your inexperience to force an unreasonably low settlement on you. An attorney will understand all their tricks and will take all necessary steps to avoid this.
Our top attorneys at Take That To Trial will provide you with legal assistance and guide you through the process of seeking the compensation you deserve.
Help To Expedite Your Claim
If you are not represented by an attorney, your ability to pursue compensation claims can be significantly compromised. This remains true until you have sufficiently recovered from your injuries. This may translate into waiting much longer before you can receive a settlement.
Considering the fact that the possibility of pursuing a compensation claim is time-sensitive, it is imperative that you try as much as possible to hire an attorney to help you fight for your interest. This is why you should contact a Houston wrongful death attorney at Take That To Trial.
By doing so, you can help the process move more quickly because our top lawyers can file the claim on your behalf as you recover. Having a lawyer also enables you to know the different steps to take to avoid setbacks while promoting a much quicker resolution of your claim.
Negotiation Skills
Numerous tactics are adopted by insurance companies to undervalue victims' compensation claims. As a result, many insurers offer unreasonable low settlement offers to survivors of those who suffered wrongful death. They do so in the hope that the victims can be bullied or forced to accept such an absurd offer.
It can become even more difficult if you attempt to negotiate your claim with an insurance company. For this reason, retaining an attorney is the best course of action. There are certain facts that your lawyers will know that can be needed in a negotiation. You are more likely to get a better settlement by reaching out to our top attorneys at Take That To Trial. The years of experience we offer are simply too good to ignore.
Leveling The Playing Field
It is no strange news that the guilty parties and their insurance companies often defend against wrongful death compensation claims. If you attempt to ignore the service of an attorney and represent yourself, you may have to face a defense attorney that is employed by the insurance company.
If you are not an expert in personal injury law, it is safe to affirm that the defense attorney will have much more knowledge about the law and the claims process than you. For this reason, having your own attorney can be very important in leveling the playing field. This increases your possibility of succeeding in recovering any damages.
Your attorney is charged with the responsibility of learning more about how to investigate your claim. They must also find strong evidence to support it. These are some of the services our attorneys at Take That To Trial offer our clients.
Help With Gathering Important Evidence
One of the most important steps in seeking a compensation claim for wrongful death in Houston is to gather as much evidence as possible to help you build a case. The police department will conduct investigations to establish the guilty party. However, you can even take a further step by conducting an investigation.
Your lawyer can also help you gather evidence as they probe into what actually happened, why it happened, and who is at fault. They may even hire the service of other experts to make more findings. At Take That To Trial, our lawyers can help you gather essential evidence that can help you build a better case.
Providing Peace Of Mind
Many people who suffer the loss of loved ones because of the actions of others struggle with emotional and psychological trauma. If you happen to be dealing with these types of pain, trying to deal with your personal injury claim can also contribute to unneeded stress.
By hiring the service of a wrongful death attorney in Houston as quickly as possible, you can rely on the knowledge of an expert to help you handle all aspects of your claim. This will help you have peace of mind that all will be handled properly.
Contact Our Attorneys At Take That To Trial Now!
You may be confused and in serious pain, if you lost someone due to the negligence of someone else. If you wish to seek compensation to recover any damages you may have suffered, you need all the legal assistance at your disposal.
For this reason, our top lawyers at Take That To Trial will understand what you are going through. Our attorneys will listen to you and guide you anytime you call our office. We have the right lawyer that can help you pursue your compensation claim. Our experience and wealth of knowledge speak for themselves. The compensation we help you get will help your financial and emotional recovery.
You only pay us after we win your case. Consulting our lawyers is free. We make the most of all the resources at our disposal to help you figure out what happened, how it happened, and the at-fault party. You get the best information from us to help you make informed decisions. We guide and we assist.
With this, we have helped numerous individuals with Houston wrongful death claims. We have 20 years of experience, which has seen us win millions of dollars in settlements on behalf of our clients. Our attorneys are available at all times to answer any questions you may have while informing you of any updates.
We are licensed with the State Bar of Texas, U.S. Southern and Eastern District Courts, and the U.S. Court of Appeals for the Fifth Circuit. We deeply care about our clients and we are not afraid to take the fight to big companies and insurance companies in trial courts across Texas. Rest assured that we will work hard to get you every dollar you deserve.
To schedule a free consultation, you can reach out to us via:
1401 Cleburne St, Houston, Texas 77004
Email: info@takethattotrial.com
Ph: (832) 770-6100
Fax: (832) 426-5798