Table of contents
Compassionate Legal Guidance for Westchase Families
Losing a loved one is an unimaginable tragedy, especially when that loss was preventable. In the bustling Westchase District of Houston, heavy traffic on Beltway 8 and busy commercial activity can unfortunately lead to fatal accidents. During such a difficult time, your family deserves space to grieve without the added burden of complex legal battles. If you are dealing with the sudden loss of a family member, consulting with a Houston Wrongful Death Lawyer can provide the guidance you need during this difficult time.
Our firm serves the Westchase community by providing empathetic and aggressive legal representation. We understand the local landscape, from the corporate offices along Westheimer to the residential neighborhoods near Richmond Avenue. We are here to help you hold negligent parties accountable and secure the future your family deserves.
Common Causes of Wrongful Death in Westchase
Wrongful death claims arise when a person dies due to the legal fault of another person or entity. In the Westchase area, these tragic incidents often stem from:
- Motor Vehicle Accidents: High-speed collisions on the Sam Houston Tollway or Westpark Tollway.
- Commercial Trucking Accidents: Incidents involving large rigs delivering goods to local businesses.
- Workplace Accidents: Fatalities occurring at construction sites or industrial facilities.
- Pedestrian and Bicycle Accidents: Dangerous intersections where drivers fail to yield to those on foot.
- Premises Liability: Fatal injuries caused by unsafe conditions at apartment complexes or retail centers.
Steps to Take Following a Fatal Accident
While the days following a loss are often a blur, taking certain steps can help protect your family’s legal rights:
- Obtain the Official Report: Whether it is a police report from a traffic accident or an OSHA report from a workplace incident, documentation is vital.
- Identify Potential Witnesses: If there were people who saw what happened, their testimony could be crucial.
- Preserve Evidence: Do not dispose of any items related to the incident and avoid making statements to insurance adjusters until you have legal counsel.
- Consult a Lawyer: A legal professional can handle the investigation while you focus on your family.
Understanding Fault and Liability in Texas
Establishing liability is the cornerstone of any wrongful death case. In Texas, we must prove that the defendant owed the deceased a duty of care, breached that duty through negligence or intentional action, and that this breach directly caused the death. Texas follows a “modified comparative negligence” rule, meaning that as long as the deceased was not more than 50% responsible for the incident, the family may still be eligible to recover damages.
Damages You May Recover
While no amount of money can replace a loved one, a wrongful death claim is designed to ease the financial strain caused by the loss. Families may be eligible to recover various categories of damages, including:
- Economic Damages: Coverage for medical bills incurred prior to death, funeral and burial expenses, and the loss of the deceased’s future earnings and benefits.
- Non-Economic Damages: Compensation for the loss of companionship, emotional pain and suffering, and loss of consortium.
- Exemplary Damages: In cases involving gross negligence or willful acts, the court may award additional damages to punish the wrongdoer.
The Legal Process and Timeline
The path to justice typically involves several stages. It begins with a thorough investigation where we gather evidence, interview witnesses, and consult with experts. We then file a formal claim and enter the discovery phase, where both sides exchange information. Many cases are resolved through negotiation or mediation; however, if a fair settlement cannot be reached, we are fully prepared to take the matter to trial. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of the death, making it important to act promptly.
Frequently Asked Questions
Who is eligible to file a wrongful death claim in Texas?
In Texas, the surviving spouse, children, and parents of the deceased are the primary individuals entitled to file a wrongful death lawsuit. If none of these individuals file within three months of the death, the executor or administrator of the estate may do so unless specifically requested otherwise by the family.
How long does a wrongful death case take?
The timeline varies significantly depending on the complexity of the case and the willingness of the insurance company to negotiate. Some cases settle in months, while others involving litigation may take a year or longer.
What if the death happened at work?
Workplace fatalities can involve workers’ compensation claims or third-party personal injury lawsuits, depending on whether the employer carries insurance and if another party’s negligence contributed to the accident.
Contact a Westchase Wrongful Death Lawyer Today
If you have lost a loved one in Westchase or the surrounding Houston area, you do not have to face the legal aftermath alone. Our team is dedicated to providing the support and advocacy your family needs during this trying time. We offer a free consultation to discuss your options and help you understand the best path forward.
Contact us today to schedule your no-obligation case evaluation. We handle these cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Call Now: (713) 747-7777
Visit Our Website: Request a Free Consultation