Houston Wrongful Death Attorneys
The loss of a loved one due to negligence is devastating. Let Neal Davis fight for justice on your behalf and earn your family just compensation for your loss. If we don't win, you don't pay. That's our No Fee Guarantee.
There are no words or actions that can fully console a person after the unexpected death of a loved one, especially when another person's negligence is to blame.
While the emotional pain is difficult to bear, don't allow your loved one's death to pass without justice. Our compassionate wrongful death attorney Neal Davis is fully prepared to fight for your rights by using all available avenues on your family's behalf for the compensation you deserve.
Contact us to learn more about your rights in a wrongful death case.
Who Can File a Wrongful Death Claim?
When a loved one suffers death due to the negligence of another, it is only the closest living relatives of the victim who are permitted to file a wrongful death claim.
Texas' Wrongful Death Act allows the deceased person's spouse, children, or parents to file a wrongful death claim, providing that whichever party is filing has suffered losses due to the wrongful death of their loved one. Further instances where parties may file a wrongful death claim include:
- A child born out of wedlock whose father is the victim. The child must also have been dependent on the father for financial support while the father was alive.
- A child born out of wedlock whose mother is the victim.
- A child that was legally adopted by the victim.
- Legally adoptive parents of a child who was the victim.
Relations that are not allowed to pursue a wrongful death claim include the victim's siblings or grandparents.
In Texas, any wrongful death claim must be filed by an executor or a personal representative. Often, these titles and responsibilities are given to the victim's surviving spouse or another party that is eligible to receive compensation. Texas law states that wrongful death cases must be filed within two years of the day the fatal injuries occurred.
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Damages in Your Wrongful Death Lawsuit
The victim's family has the right to compensation for several damages resulting in the passing of their loved one. Damages that can be compensated in a wrongful death lawsuit include:
- Medical expenses
- Funeral costs
- Loss of the victim's work wages
- Loss of benefits
- Emotional suffering
- Mental anxiety and stress
- Loss of companionship or parental guidance
For some wrongful death cases, punitive damages may also be awarded. Punitive damages are those that exceed compensation requirements and are designed to further punish the negligent party. These damages are often collected when the case involves gross negligence or was in some way intentional.
Wrongful Death or Murder?
Wrongful death is typically defined as when an individual receives fatal injuries that were caused by the negligence or legal fault of another person, company, or entity. In other words, had the victim's injuries qualified for a personal injury lawsuit if the victim had survived, then family members have the ability to sue for wrongful death in their absence.
That being said, there is a stark legal difference between wrongful death and murder. Murder is an intentional act of violence that was meant to harm a person or end their life.
Murder cases are taken before a criminal court for this reason, whereas wrongful death lawsuits are settled in a civil court. In addition, the goal of a murder trial is to punish the individual responsible. For wrongful death cases, the goal is providing compensation for the loss of the grieving family due to another's negligence.
Contact an Expert Wrongful Death Attorney in Houston, Texas
Wrongful death cases are difficult. Not only are emotions high and the damages to the victim's family numerous, but negligence needs to be established and proven in order for the case to move forward toward an eventual settlement. It's easy to feel overwhelmed. If someone in your family was the victim of a tragic accident, do not leave your family's compensation to chance.
Contact Houston wrongful death attorney Neal Davis to discuss your case today. We're fully prepared to fight for your family and handle your case with care, compassion and understanding. With our No Fee Guarantee, you can rest easy knowing you won't pay a penny unless we win your case.