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Compassionate Legal Support for Families in Eldridge / West Oaks
Losing a loved one is an unimaginable tragedy that leaves families searching for answers and stability. In the Eldridge / West Oaks area of Houston, families deserve a legal advocate who understands the local community and the complexities of Texas law. If your loss was caused by another party’s negligence, a Houston Wrongful Death Lawyer can help you navigate the path forward and seek the justice your family deserves.
At our firm, we provide a supportive environment where you can discuss your case freely. We understand that no amount of money can replace a family member, but holding the responsible parties accountable can provide a sense of closure and the financial security necessary to move forward.
Common Causes of Wrongful Death in West Houston
Wrongful death claims arise when a person dies due to the legal fault of another person or entity. In the bustling Eldridge / West Oaks neighborhood, these incidents can happen in various ways, including:
- Motor Vehicle Accidents: High-traffic areas like Highway 6, Westheimer Road, and Eldridge Parkway are frequent sites of serious collisions involving cars, trucks, and motorcycles.
- Workplace Accidents: With nearby industrial zones and construction projects, fatal workplace injuries can occur due to unsafe conditions or equipment failure.
- Medical Malpractice: Errors made by healthcare professionals or facilities that deviate from the standard of care.
- Premises Liability: Fatalities resulting from dangerous conditions on commercial or residential property, such as slip-and-falls or inadequate security.
- Defective Products: When a consumer product is designed or manufactured poorly, leading to a fatal injury.
Steps to Take Following a Fatal Accident
While legal action may be the last thing on your mind, taking certain steps early can protect your family’s rights:
- Obtain Official Reports: Secure copies of police reports, accident reconstructions, or workplace safety investigations.
- Preserve Evidence: If possible, keep any physical evidence related to the incident and document the scene with photographs.
- Identify Witnesses: Collect contact information for anyone who may have seen what happened.
- Consult a Lawyer: Speak with an attorney before signing any documents from insurance companies or accepting a settlement offer.
Understanding Fault and Liability in Texas
To succeed in a wrongful death claim, you must generally prove 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 follows a “modified comparative negligence” rule, which means the deceased person’s own level of fault (if any) could impact the recovery. Our legal team works to investigate the facts thoroughly to establish clear liability and protect your interests.
Damages You May Recover
Texas law allows certain family members to recover compensation for various losses. These generally fall into two categories:
Economic Damages
- Medical expenses incurred prior to death.
- Funeral and burial costs.
- Loss of the deceased’s expected earnings and financial support.
- Loss of inheritance.
Non-Economic Damages
- Loss of companionship, society, and love.
- Emotional pain, suffering, and mental anguish.
- Loss of consortium.
The Legal Process and Timeline
The timeline for a wrongful death case varies depending on the complexity of the investigation and the willingness of the insurance company to negotiate fairly. Generally, the process involves:
- Investigation: Gathering evidence, interviewing witnesses, and consulting experts.
- Filing the Claim: Formally notifying the responsible parties and their insurers.
- Discovery: Exchanging information and evidence between both legal teams.
- Negotiation: Attempting to reach a fair settlement that covers your family’s needs.
- Trial: If a settlement cannot be reached, we are prepared to present your case before a judge or jury.
Frequently Asked Questions
Who can file a wrongful death lawsuit 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, an executor or administrator of the estate may file unless specifically requested not to by the family.
How long do I have to file a claim?
Texas generally has a two-year statute of limitations for wrongful death claims, meaning the lawsuit must be filed within two years of the date of death. There are very few exceptions to this rule, so it is vital to act quickly.
What if the death was caused by a corporation?
Wrongful death claims can be filed against individuals, small businesses, or large corporations. Our firm has experience handling complex litigation against entities of all sizes.
Contact an Eldridge / West Oaks Wrongful Death Lawyer Today
If you have lost a loved one due to negligence, do not face the legal burden alone. We offer a free consultation to discuss your options and help you understand your rights. We work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.
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 family deserves.