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Compassionate Legal Support for Brays Oaks Families
Losing a family member due to someone else’s negligence is a devastating experience that no one should face alone. In the Brays Oaks neighborhood of Southwest Houston, families deserve a legal advocate who understands the local community and the complexities of Texas law. When you are dealing with the sudden loss of a family member, having a dedicated Houston Wrongful Death Lawyer on your side can make a significant difference in your pursuit of justice.
Our firm provides a supportive environment where you can discuss your case freely. We focus on the legal burdens so that you can focus on healing and honoring the memory of your loved one. We represent families throughout Brays Oaks and the surrounding Houston areas, ensuring their voices are heard in the civil justice system.
Common Causes of Wrongful Death in Houston
Fatal accidents can happen anywhere, from the busy intersections of West Bellfort Boulevard to local workplaces. Understanding the cause of the accident is the first step in building a strong legal claim. Common scenarios include:
- Motor Vehicle Accidents: High-speed collisions on the Southwest Freeway or fatal crashes involving distracted or impaired drivers.
- Commercial Trucking Accidents: Incidents involving large rigs where federal safety regulations may have been violated.
- Workplace Fatalities: Accidents at construction sites, industrial facilities, or warehouses due to unsafe conditions.
- Premises Liability: Fatal injuries caused by negligent security or dangerous property conditions.
- Medical Malpractice: Deaths resulting from surgical errors, misdiagnosis, or pharmaceutical mistakes.
What to Do After a Fatal Accident
While the days following a loss are overwhelming, taking certain steps can help protect your family’s legal rights:
- Request Official Reports: Obtain copies of the police report or any workplace incident reports.
- Preserve Evidence: If possible, keep records of any communications, photos of the scene, and contact information for witnesses.
- Avoid Direct Settlements: Insurance companies may offer quick settlements that do not fully cover your long-term needs. Consult with a lawyer before signing any documents.
- Consult a Lawyer Early: Evidence can disappear quickly. Starting the investigation early helps preserve critical facts.
Understanding Fault and Liability
To succeed in a wrongful death claim in Texas, we must establish that the death was caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. This involves proving that the defendant owed the deceased a duty of care, breached that duty, and directly caused the fatal injury. Liability can sometimes fall on multiple parties, such as a driver and their employer, or a manufacturer and a distributor. We conduct thorough investigations to identify every liable party involved.
Damages You May Recover
While no amount of money can replace a loved one, financial compensation is designed to ease the burden on surviving family members. Potential damages include:
- Economic Damages: Loss of the deceased’s earning capacity, medical expenses incurred prior to death, and funeral and burial costs.
- Non-Economic Damages: Loss of companionship, mental anguish, loss of inheritance, and loss of emotional support and guidance.
- Exemplary Damages: In cases of extreme negligence or willful acts, additional damages may be sought to penalize the wrongdoer.
The Legal Process and Timeline
The path to resolution typically involves several stages. First, we conduct an intensive investigation and file a formal complaint. This is followed by the discovery phase, where both sides exchange evidence and testimony. Many cases are resolved through strategic negotiations or mediation. However, if a fair settlement cannot be reached, we are prepared to take the case to trial. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of death, making it vital to act promptly.
Frequently Asked Questions
Who is eligible to file a wrongful death claim in Texas?
In Texas, 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 file unless specifically asked not to by the family.
What if the death was partially my loved one’s fault?
Texas follows a modified comparative negligence rule. As long as the deceased was not more than 50% responsible for the accident, the family may still be able to recover damages, though the total award may be reduced by the percentage of fault.
How much does it cost to hire a wrongful death lawyer?
We work on a contingency fee basis. This means you pay no upfront legal fees, and we only receive payment if we successfully recover compensation for your family.
Contact a Brays Oaks Wrongful Death Lawyer Today
If you have lost a loved one due to negligence in Brays Oaks or the greater Houston area, you do not have to navigate this journey alone. Our legal team is here to provide the guidance and advocacy you need during this difficult time. We offer a free consultation to review your case and explain your options.
Call us today at (713) 747-7777 or visit our contact page to schedule your free, no-obligation case evaluation.