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Compassionate Legal Support for Eastex – Jensen Families
Losing a loved one is an unimaginable tragedy, especially when that loss was preventable. At Nguyen Injury Law, we understand the profound impact a fatal accident has on a family. If you are grieving, our Houston Wrongful Death Lawyer is here to provide the compassionate guidance and aggressive representation you need during this difficult time in the Eastex – Jensen area.
Our firm serves the Eastex – Jensen community by helping families hold negligent parties accountable. We handle the complex legal details so you can focus on healing and honoring the memory of your loved one. Whether the incident occurred near the Eastex Freeway or within the local neighborhoods, we are ready to listen to your story.
Common Causes of Wrongful Death in Houston
Wrongful death claims arise when a person dies due to the legal fault of another person or entity. In the Eastex – Jensen area, these tragic events often stem from:
- Motor Vehicle Accidents: High-speed collisions on the Eastex Freeway or accidents involving distracted drivers on local roads.
- Commercial Trucking Accidents: Incidents involving large rigs and delivery vehicles that frequent the industrial corridors of Houston.
- Workplace Fatalities: Accidents at construction sites, warehouses, or industrial facilities where safety protocols were ignored.
- Premises Liability: Fatal injuries caused by dangerous conditions on commercial or residential property.
- Medical Malpractice: Errors by healthcare professionals that lead to fatal complications.
What to Do After a Fatal Accident
While no amount of legal action can replace a family member, taking these steps can help protect your family’s future:
- Obtain Official Reports: Secure copies of police reports or workplace incident records.
- Preserve Evidence: If possible, keep records of correspondence, photos of the scene, and contact information for witnesses.
- Limit Communication with Insurers: Insurance adjusters may reach out quickly. It is often best to let your attorney handle these conversations to avoid statements that could hurt your claim.
- Consult a Lawyer: Contact a wrongful death attorney as soon as possible to ensure you meet all legal deadlines.
How Fault and Liability Work in Texas
Texas law requires proving that the defendant owed the deceased a duty of care, breached that duty through negligence or a wrongful act, and that this breach directly caused the death. Texas also follows a modified comparative negligence rule. This means that if the deceased was partially at fault, the recovery may be reduced. However, as long as the deceased was not more than 50% responsible, the family can still pursue damages.
Damages You May Recover
In a wrongful death claim, certain family members—typically spouses, children, and parents—can seek compensation for various losses. These generally include:
- Economic Damages: Loss of the deceased’s earning capacity, medical expenses incurred before death, and funeral/burial costs.
- Non-Economic Damages: Loss of companionship, emotional pain and suffering, and loss of inheritance.
- Exemplary Damages: In cases of extreme negligence or willful acts, the court may award additional damages intended to punish the wrongdoer.
The Legal Process and Timeline
The process begins with a thorough investigation into the cause of death. We gather evidence, interview witnesses, and consult with experts. From there, we file a formal claim or lawsuit. Many cases are resolved through negotiations with insurance companies, but 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 is generally two years from the date of the death, making it vital to act promptly.
Frequently Asked Questions
Who is eligible to file a wrongful death lawsuit in Texas?
Under Texas law, the surviving spouse, children, and parents of the deceased are eligible to file. If none of these individuals file within three months of the death, the executor or administrator of the estate may file instead, unless requested otherwise by the family.
How long does a wrongful death case take?
Every case is unique. Some may resolve in a few months through settlement, while complex cases involving litigation can take a year or longer. We strive to move the process forward as efficiently as possible.
What if the death happened at work?
Workplace fatalities may involve workers’ compensation or third-party liability claims. We can help you determine the best path forward based on the specific circumstances of the employment and the accident.
Contact an Eastex – Jensen Wrongful Death Lawyer Today
If you have lost a loved one due to someone else’s negligence, you do not have to face the legal battle alone. Nguyen Injury Law is dedicated to helping families in Eastex – Jensen and throughout Houston seek the justice they deserve. We offer a free consultation to discuss your rights and options.
Call us today at (713) 747-7777 or visit our contact page to schedule your free case evaluation. We handle cases on a contingency fee basis, meaning you pay nothing unless we win your case.