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Compassionate Legal Support for Families in Greenway / Upper Kirby
Losing a loved one due to someone else’s negligence is a devastating experience that no family should have to face alone. At Nguyen Injury Law, we understand the emotional and financial burden this places on survivors. If you are searching for a Houston Wrongful Death Lawyer to help you navigate the legal system in the Greenway / Upper Kirby area, we are here to provide the dedicated support you need.
Our firm serves families throughout Houston, including those living and working near Greenway Plaza and the vibrant Upper Kirby district. We handle the legal complexities so you can focus on healing and honoring your loved one’s memory.
Common Causes of Wrongful Death Claims
Wrongful death can occur in various circumstances where a party fails to act with reasonable care. In the Greenway / Upper Kirby area, these incidents often involve:
- Motor vehicle accidents on busy thoroughfares like Richmond Avenue or the Southwest Freeway.
- Pedestrian and bicycle accidents in high-traffic commercial zones.
- Medical malpractice or surgical errors.
- Workplace accidents, including construction site incidents or industrial mishaps.
- Defective products or dangerous premises.
Steps to Take Following a Fatal Accident
While legal action may be the furthest thing from your mind, taking certain steps early can help protect your family’s rights:
- Request Official Reports: Obtain copies of police reports, accident reconstructions, or medical records related to the incident.
- Identify Witnesses: If possible, gather contact information for anyone who may have seen what happened.
- Consult a Lawyer: Speak with a legal professional who understands Texas wrongful death statutes to evaluate your options.
- Avoid Early Settlements: Insurance companies may offer quick settlements that do not fully cover the long-term impact of your loss.
Understanding Liability and Fault
To succeed in a wrongful death claim, it must be proven that the death was caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. This involves establishing that the defendant owed a duty of care, breached that duty, and directly caused the fatal injury. Texas law follows a modified comparative negligence rule, which makes it essential to have a clear strategy when determining fault.
Damages You May Be Eligible to Recover
While no amount of money can replace a family member, a legal claim can help alleviate the financial strain caused by their absence. Families in Greenway / Upper Kirby may seek compensation for:
- Final medical expenses incurred before death.
- Funeral and burial costs.
- Loss of the deceased person’s expected earnings and financial support.
- Loss of companionship, guidance, and emotional support.
- Mental anguish and emotional pain suffered by the survivors.
The Legal Process and Timeline
The process typically begins with an investigation into the cause of death. Your lawyer will gather evidence, interview experts, and file the necessary paperwork with the court. In Texas, there is generally a two-year statute of limitations for filing a wrongful death lawsuit. Early intervention is critical to ensure evidence is preserved and witnesses are available. Most cases involve a period of discovery followed by negotiations; if a fair settlement cannot be reached, the case may proceed to trial.
Frequently Asked Questions
Who can 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, an 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 reach a settlement in a few months, while others involving complex litigation may take a year or longer. We strive to resolve cases as efficiently as possible while seeking the full compensation your family deserves.
What if the death was caused by a criminal act?
A wrongful death claim is a civil action, which is separate from any criminal proceedings. You can still pursue a civil claim even if the responsible party is also facing criminal charges or was acquitted in criminal court.
Contact a Greenway / Upper Kirby Wrongful Death Lawyer Today
If you have lost a loved one due to negligence, you do not have to carry the burden alone. Nguyen Injury Law offers compassionate, professional representation to families throughout Houston and the Greenway / Upper Kirby neighborhood. We provide a free consultation to discuss your case and help you understand your legal rights. Call us today at (713) 747-7777 or visit our contact page to schedule your free case evaluation.