At Amanda Demanda Injury Lawyers, we are dedicated to assisting families in Houston during their most challenging times with our compassionate, unique approach to wrongful death cases. We understand that losing a loved one is an incredibly painful experience, and navigating the legal complexities that follow can be overwhelming. Our team of personal injury lawyers in Houston provides comprehensive legal support for wrongful death cases, ensuring that families receive the guidance and representation they need. With a client-focused approach, we prioritize compassionate service, taking the time to listen to your story and understand your needs.
Our result-driven processes are designed to help families navigate the legal challenges they face while seeking justice and compensation for their loss. Let our wrongful death attorneys in Texas stand by your side during this difficult journey and help you find a path forward.
Wrongful Death Law in Texas
In Texas, wrongful death law is governed by the Texas Civil Practice and Remedies Code, Chapter 71. This statute allows surviving family members to file a lawsuit when a loved one has died due to the wrongful act, neglect, or default of another party. The primary purpose of wrongful death claims is to provide compensation for the emotional and financial losses suffered by the deceased’s family members. Eligible claimants typically include the deceased’s spouse, children, and parents.
To successfully pursue a wrongful death claim in Texas, the plaintiff must demonstrate that the defendant’s actions directly led to the death. This often involves proving negligence, which requires showing that the defendant owed a duty of care to the deceased, breached that duty, and caused the fatal incident.
Common Reasons for Wrongful Death Claims
Several circumstances can lead to wrongful death claims in Texas, including:
Motor Vehicle Accidents
Collisions involving cars, trucks, or motorcycles often result in fatalities, particularly when negligence, such as distracted driving or driving under the influence, is involved.
Medical Malpractice
When healthcare professionals fail to provide the required standard of care, resulting in a patient’s death, family members may pursue a wrongful death claim against the responsible party.
Workplace Accidents
Fatalities that occur due to unsafe working conditions or employer negligence can lead to wrongful death claims, particularly in hazardous industries.
Product Liability
If a defective product causes a fatal injury, the manufacturer or distributor may be held liable for wrongful death.
Premises Liability
Deaths resulting from unsafe conditions on someone else’s property, such as slip and fall accidents or inadequate security, can also lead to wrongful death claims.
Legal Rights of the Families Affected by Wrongful Death
When a loved one dies due to the wrongful actions or negligence of another party, the surviving family members have specific legal rights in Texas. Understanding these rights is essential for families seeking justice and compensation for their losses.
Eligibility to File a Claim
In Texas, the law allows certain family members to file a wrongful death claim. Eligible claimants typically include the deceased’s spouse, children, and parents. If the deceased did not have a spouse or children, siblings may also have the right to file. It is important for families to understand who qualifies, as this can affect the ability to pursue a claim.
Right to Seek Compensation
Families affected by wrongful death have the right to seek compensation for various damages, including:
- Economic Damages: These may include funeral and burial expenses, medical expenses incurred prior to death, and loss of the deceased’s income or financial support.
- Non-Economic Damages: Families can also seek compensation for intangible losses, such as emotional pain and suffering, loss of companionship, and loss of consortium. These damages recognize the profound emotional impact that the death has on surviving family members.
- Punitive Damages: In cases where the defendant’s actions were particularly egregious or reckless, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar behavior from others in the future.
Upholding Legal Rights
To uphold their legal rights, families should take several important steps:
- Consult a Qualified Attorney: Engaging a wrongful death lawyer with experience in Texas law is crucial. An attorney from Amanda Demanda Injury Lawyers will be able to provide guidance on the legal process, help gather evidence, and represent the family’s interests in negotiations or court proceedings.
- Gather Evidence: Collecting evidence is vital for building a strong case. This may include medical records, accident reports, witness statements, and any other documentation that supports the claim.
- File Within the Statute of Limitations: In Texas, wrongful death claims must be filed within two years of the date of the deceased’s death. It is essential for families to be aware of this timeline to ensure their rights are not forfeited.
- Participate in the Legal Process: Families should be prepared to participate in the legal process, which may involve depositions, mediation, or court appearances. Staying informed and engaged can help ensure that their rights are protected throughout the proceedings.
Get Houston Wrongful Death Legal Support From Amanda Demanda Injury Lawyers
If you have lost a loved one due to someone else’s actions or inactions, it’s crucial to seek legal support to protect your rights and pursue justice. We are dedicated to providing compassionate and experienced representation for families in Houston facing wrongful death claims.
At Amanda Demanda Injury Lawyers, we are committed to helping families through this difficult journey, ensuring that their rights are protected every step of the way. Contact us to discuss your situation, and let us help you navigate this difficult time with the support you deserve
