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Compassionate Legal Guidance for Alief Families
Losing a loved one is an unimaginable tragedy that leaves families searching for answers and support. In the Alief area of Houston, families often find themselves overwhelmed by grief while simultaneously facing the sudden burden of legal and financial questions. As a Houston Wrongful Death Lawyer, we understand the unique challenges residents face in Southwest Houston and are dedicated to providing the compassionate legal counsel needed during this difficult time.
We help families in Alief navigate the complexities of the legal system so they can focus on healing. Our goal is to hold negligent parties accountable and ensure that your family is not left to bear the financial consequences of someone else’s mistake alone.
Common Causes of Wrongful Death in Alief
Wrongful death claims arise when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity. In the Alief and greater Houston area, these tragic incidents often stem from:
- Motor Vehicle Accidents: High-traffic areas like Beltway 8, Highway 6, and Beechnut Street are frequent sites of serious collisions involving passenger cars, motorcycles, and commercial trucks.
- Workplace Accidents: Incidents at construction sites or industrial facilities where safety protocols were ignored.
- Premises Liability: Fatalities caused by dangerous conditions on a property, such as inadequate security or structural failures.
- Medical Malpractice: Errors made by healthcare professionals that result in fatal complications.
What to Do After Losing a Loved One
While taking legal action is likely the last thing on your mind, certain steps can help protect your family’s future interests:
- Obtain the Death Certificate: This is a vital document for all legal and financial proceedings.
- Request an Investigation: Whether it was a car accident or a workplace incident, ensure a formal report was filed.
- Preserve Evidence: Keep records of medical bills, correspondence from insurance companies, and any photos of the accident scene.
- Consult a Professional: Speak with a lawyer before signing any documents or accepting settlements from insurance companies.
How Fault and Liability Work in Texas
In Texas, a wrongful death claim is a civil action. To succeed, the claimant must typically prove that the defendant owed the deceased a duty of care, that this duty was breached through negligence, and that the breach directly caused the death. Texas follows a “modified comparative negligence” rule, which means the court will look at the percentage of fault for all parties involved. Navigating these laws requires a thorough investigation and a clear presentation of the facts.
Damages You May Recover
While no amount of money can replace a family member, Texas law allows certain survivors to recover damages to help ease the financial and emotional burden. These categories generally include:
- Economic Damages: Loss of the deceased’s earning capacity, financial support, and inheritance.
- Non-Economic Damages: Loss of companionship, society, love, and comfort, as well as mental anguish suffered by the survivors.
- Funeral and Burial Expenses: Costs associated with the final arrangements for your loved one.
- Survival Claims: Damages for the pain and suffering the deceased experienced prior to their passing.
The Legal Process and Timeline
The process of a wrongful death claim usually begins with an intensive investigation to gather evidence and identify all liable parties. From there, we typically enter a negotiation phase with insurance companies. If a fair settlement cannot be reached, the case may proceed to litigation. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of the death, making it important to seek legal advice sooner rather than later to ensure all deadlines are met.
Frequently Asked Questions
Who can file a wrongful death claim in Texas?
Under Texas law, the surviving spouse, children, and parents of the deceased are eligible to file a wrongful death claim. If none of these individuals file within three months of the death, the executor or administrator of the estate may do so unless requested otherwise by the family.
How long does a wrongful death case take?
Every case is unique. Some may resolve in a matter of months through settlement negotiations, while more complex cases involving litigation can take a year or longer. We work to resolve your case as efficiently as possible without sacrificing the quality of the outcome.
What does it cost to hire an Alief wrongful death lawyer?
We work on a contingency fee basis. This means you pay no upfront costs or hourly fees. We only receive payment if we successfully recover compensation for your family.
Contact an Alief Wrongful Death Lawyer Today
If you have lost a loved one due to negligence in Alief or the surrounding Houston area, you deserve an advocate who will fight for your family’s rights. We offer a free consultation to discuss your situation and explain your legal options with no obligation.
Call us today at (713) 747-7777 or visit our contact page to schedule your free case evaluation. Let us help you seek the justice your loved one deserves.