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Compassionate Legal Guidance for Families in Spring Branch West
Losing a family member is an unimaginable tragedy that leaves a void in your life and your community. In the Spring Branch West neighborhood of Houston, families often find themselves facing not only emotional grief but also significant financial burdens following a fatal accident. Our firm is dedicated to helping survivors navigate the complex legal landscape of wrongful death claims with dignity and determination.
If you are searching for a Houston Wrongful Death Lawyer to represent your family’s interests, we are here to provide the support you need. We understand the local community and the specific challenges that arise when a life is cut short due to someone else’s negligence.
Common Causes of Wrongful Death in Houston
Fatal accidents can occur anywhere, but certain circumstances are more common in the Spring Branch West area. Our legal team investigates various incidents, including:
- Motor Vehicle Accidents: High-traffic areas near Gessner Road and the I-10 corridor often see devastating collisions involving passenger cars and motorcycles.
- Commercial Trucking Incidents: The proximity to major Houston shipping routes increases the risk of fatal accidents involving 18-wheelers.
- Workplace Accidents: Industrial and construction sites in the greater Houston area can be hazardous if safety protocols are ignored.
- Premises Liability: Fatalities caused by dangerous property conditions, such as inadequate security or fire hazards.
- Medical Malpractice: Errors made by healthcare professionals that result in a patient’s death.
What to Do Following a Fatal Accident
While no legal action can replace a loved one, taking specific steps can help protect your family’s future and hold the responsible parties accountable:
- Report the Incident: Ensure that law enforcement or the appropriate authorities have filed an official report.
- Secure Evidence: If possible, keep records of any documentation related to the accident, including photos, witness contact information, and medical records.
- Avoid Insurance Adjusters: Insurance companies may attempt to settle quickly for a minimal amount. Consult with a lawyer before signing any documents.
- Consult a Legal Professional: Speak with a wrongful death attorney to understand your rights and the statute of limitations in Texas.
Understanding Fault and Liability in Texas
In Texas, a wrongful death claim is a civil action brought against a person or entity whose “wrongful act, neglect, carelessness, unskillfulness, or default” caused a death. Establishing liability requires proving that the defendant owed the deceased a duty of care, breached that duty, and directly caused the fatality.
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 a claim. Our role is to build a strong case to demonstrate the full extent of the defendant’s liability.
Damages You May Recover
The goal of a wrongful death claim is to provide financial stability for the surviving family members. While every case is unique, potential categories of damages include:
- Economic Damages: These cover tangible losses such as funeral and burial expenses, medical bills incurred prior to death, and the loss of the deceased’s future earnings and benefits.
- Non-Economic Damages: These address the emotional impact, including loss of companionship, mental anguish, and loss of inheritance.
- Exemplary Damages: In cases involving gross negligence or intentional acts, the court may award additional damages to punish the wrongdoer.
The Wrongful Death Legal Process
The timeline for a wrongful death case varies depending on the complexity of the investigation and the willingness of the insurance companies to negotiate. The process generally follows these stages:
- Investigation: We gather police reports, expert testimony, and forensic evidence to determine exactly what happened.
- Filing the Claim: We formally notify the negligent parties and their insurance providers of the legal action.
- Discovery: Both sides exchange information and evidence relevant to the case.
- Negotiation: We strive to reach a fair settlement that covers all your family’s needs without the stress of a trial.
- Litigation: If a fair agreement cannot be reached, we are prepared to take the case to court to seek justice.
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 file instead, unless specifically requested not to by the family.
How long do I have to file a claim?
Generally, the statute of limitations for a wrongful death claim in Texas is two years from the date of the person’s 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 team has experience handling complex cases against well-funded entities and their insurance legal teams.
Contact a Spring Branch West Wrongful Death Lawyer Today
If you have lost a loved one due to negligence, you do not have to face the legal process alone. Our firm provides the compassionate and aggressive representation your family deserves. We offer a free consultation to discuss your case and help you understand your options.
Call us today at (713) 747-7777 or visit our contact page to schedule your no-obligation consultation. We are here to help you seek the justice your loved one deserves.