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Compassionate Legal Support for Families in Spring Branch East
Losing a loved one is an unimaginable tragedy, especially when that loss was caused by someone else’s negligence or wrongful actions. In the tight-knit community of Spring Branch East, families deserve a legal advocate who understands the local landscape and the profound impact of such a loss. If you are dealing with the sudden loss of a family member, speaking with a Houston Wrongful Death Lawyer can help you understand your rights and the legal options available in Texas.
Our firm provides dedicated support to families throughout Spring Branch East and the greater Houston area. We handle the complex legal details so you can focus on grieving and honoring your loved one’s memory. We are committed to holding responsible parties accountable for their actions.
Common Causes of Wrongful Death in Houston
Wrongful death claims can arise from various incidents where a person’s death was caused by the default, neglect, or wrongful act of another party. In Spring Branch East, we often see cases involving:
- Motor Vehicle Accidents: High-traffic areas near I-10 and Gessner Road are frequent sites for serious collisions involving passenger cars, trucks, and motorcycles.
- Workplace Injuries: Industrial accidents or construction site mishaps in the Houston area.
- Pedestrian and Bicycle Accidents: Incidents occurring in residential neighborhoods or busy commercial zones.
- Medical Malpractice: Errors made by healthcare professionals or facilities.
- Premises Liability: Fatalities caused by dangerous conditions on commercial or private property.
What to Do Following a Fatal Accident
While no amount of legal action can replace a loved one, taking specific steps can help protect your family’s future and ensure justice is served:
- Obtain Official Reports: Secure copies of police reports, accident scene documentation, and medical records.
- Identify Witnesses: If possible, gather contact information from anyone who may have seen the incident.
- Avoid Direct Communication with Insurance Adjusters: Insurance companies often seek to settle quickly for the lowest possible amount. Consult with an attorney before signing any documents.
- Consult a Lawyer Early: Evidence can disappear quickly. Starting an investigation early is critical for building a strong case.
Understanding Fault and Liability in Texas
In Texas, establishing liability requires proving that the defendant owed the deceased a duty of care, breached that duty, and that the breach directly caused the death. Texas follows a “modified comparative negligence” rule, which means that as long as the deceased was not more than 50% responsible for the accident, the surviving family members may still be able to recover damages.
Our team meticulously investigates every case to identify all potentially liable parties, whether it is a distracted driver, a negligent employer, or a manufacturer of a defective product.
Damages You May Recover
Under the Texas Wrongful Death Act, certain family members—typically spouses, children, and parents—can seek compensation for the losses they have suffered. These damages generally fall into several categories:
- Economic Damages: These include funeral and burial expenses, loss of the deceased’s expected earnings, and loss of benefits.
- Non-Economic Damages: These cover the emotional toll, such as loss of companionship, mental anguish, and loss of inheritance.
- Survival Claims: This is a separate type of claim that seeks damages for the pain and suffering the deceased experienced prior to their passing.
The Legal Process and Timeline
The process of a wrongful death claim typically begins with a thorough investigation, followed by filing a formal claim. In many cases, a settlement can be reached through negotiation. However, if a fair agreement cannot be met, we are prepared to take the case to trial.
It is important to note that Texas has a statute of limitations for wrongful death claims, generally two years from the date of the person’s death. Failing to file within this window can result in losing your right to seek compensation entirely.
Frequently Asked Questions
Who is eligible to 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, the executor or administrator of the estate may file unless all the mentioned family members request otherwise.
How long does a wrongful death case take to resolve?
The timeline varies significantly depending on the complexity of the case, the clarity of liability, and whether the case settles out of court or goes to trial. Some cases resolve in months, while others may take a year or longer.
Can I still file a claim if my loved one was partially at fault?
Yes, under Texas law, you can still recover damages as long as your loved one was not more than 50% responsible for the incident. However, the total recovery will be reduced by the percentage of fault attributed to the deceased.
Contact a Spring Branch East Wrongful Death Attorney Today
If you have lost a family member due to someone else’s negligence, you do not have to face the legal battle alone. We offer a compassionate, professional environment where you can discuss your case and learn about your rights. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Contact us today for a free consultation. Let us help you seek the justice your family deserves.
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