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Compassionate Legal Guidance for Kingwood Families
Losing a family member is an unimaginable tragedy. When that loss is caused by the negligence or wrongful act of another, the pain is compounded by a sense of injustice. At Nguyen & Associates, we serve families throughout the "Livable Forest" and surrounding areas. If you are searching for a Houston Wrongful Death Lawyer, our team is ready to provide the guidance and support you need during this difficult time.
We understand that no amount of money can replace a loved one. However, a wrongful death claim can help provide financial stability for surviving family members and hold the responsible parties accountable for their actions. We are dedicated to helping Kingwood residents navigate the complex legal landscape of Texas wrongful death statutes.
Common Causes of Wrongful Death in Kingwood
Wrongful death claims can arise from various circumstances where a person’s death was caused by the legal fault of another person or entity. In Kingwood and the greater Houston area, we often see cases involving:
- Motor Vehicle Accidents: Fatal crashes on I-69, Kingwood Drive, or Northpark Drive involving passenger cars, motorcycles, or pedestrians.
- Commercial Trucking Accidents: Collisions with 18-wheelers or delivery vehicles where driver fatigue or maintenance failure played a role.
- Workplace Injuries: Fatalities occurring at construction sites, industrial facilities, or oil and gas operations.
- Medical Malpractice: Deaths resulting from surgical errors, misdiagnosis, or medication mistakes.
- Premises Liability: Fatal accidents caused by dangerous property conditions or inadequate security.
Steps to Take Following a Fatal Accident
While the days following a loss are overwhelming, taking specific steps can help protect your family’s legal rights:
- Obtain the Official Report: Whether it is a police accident report or an incident report from a workplace, ensure you have a copy of the official documentation.
- Preserve Evidence: If possible, keep records of any communications, photographs of the scene, and contact information for witnesses.
- Avoid Direct Statements to Insurance Adjusters: Insurance companies may reach out quickly to offer a settlement. It is often best to let your attorney handle these communications to ensure your interests are protected.
- Consult with a Lawyer: Speaking with a legal professional early can help ensure that evidence is preserved and that you meet all necessary filing deadlines.
Understanding Fault and Liability in Texas
To succeed in a wrongful death claim, we must demonstrate 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. This means that as long as the deceased was not more than 50% responsible for the incident, the surviving family may still be able to recover damages, though the award may be reduced by the percentage of fault attributed to the deceased.
Damages You May Recover
In Texas, certain family members are eligible to seek compensation for the losses they have suffered. While every case is unique, common categories of damages include:
- Economic Damages: These include the loss of the deceased’s earning capacity, loss of benefits, and funeral or burial expenses.
- Non-Economic Damages: These cover the loss of companionship, society, love, and emotional support, as well as the mental anguish suffered by the survivors.
- Survival Claims: This is a separate type of claim that seeks compensation for the pain and suffering the deceased experienced prior to their passing.
The Legal Process and Timeline
The process of a wrongful death lawsuit typically begins with a thorough investigation. We gather evidence, interview witnesses, and often consult with experts to build a strong case. Following the investigation, we may enter into negotiations with the insurance company or the defendant’s legal team.
In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death. Because building a case takes time, it is important to begin the process as soon as you feel ready. If a settlement cannot be reached through negotiation, we are prepared to take the case to trial to seek the justice your family deserves.
Frequently Asked Questions
Who can file a wrongful death lawsuit 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 file unless specifically requested not to by all eligible family members.
How long does a wrongful death case take?
The timeline varies significantly depending on the complexity of the case and the willingness of the opposing party to negotiate. Some cases resolve in a few months, while others involving litigation may take a year or longer.
What if the death happened at work?
If a loved one died due to a workplace accident, you may be eligible for workers’ compensation death benefits. Additionally, if a third party (someone other than the employer) was responsible, you may be able to file a separate wrongful death lawsuit.
Contact a Kingwood Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence, you do not have to face the legal challenges alone. At Nguyen & Associates, we provide compassionate, dedicated representation to families in Kingwood and throughout Houston. We offer a free consultation to discuss your situation and explain your legal options.
Call us today at (713) 747-7777 or visit our contact page to schedule your free case evaluation. We are here to help you seek the accountability your family deserves.