Wrongful Death Attorney

Houston Wrongful Death Attorney: Why You Need One

Losing a loved one, especially at the hands of a negligent person, is never an easy thing to deal with. From auto accidents to medical malpractice, thousands of deaths happen each year that could have been avoided. If you are dealing with a situation like this, you may be entitled to compensation.

Of course, while no amount of money will bring back your loved one, getting justice may be able to ease some of that pain. If you recently lost someone due to a negligent party and need help finding the right Houston wrongful death attorney, you came to the right place. This brief wrongful death guide will cover all you need to know about the wrongful death claims process and who you can reach out to for additional guidance during this difficult time. 

What Is Wrongful Death?

Wrongful death is when someone dies due to the wrongful and negligent act of another entity or a person. For example, if a loved one died in a car accident due to the negligence of a drunk driver, their death would be considered to be a wrongful death. In the event that you or someone you love dies due to someone else’s negligence, you have the right to sue them for compensation. 

Who Can File a Wrongful Death Lawsuit?

In Texas, the deceased’s spouse, parents, or adult children may file for wrongful death. The only other person who may file for a wrongful death lawsuit in Texas is the deceased’s personal representative. Only those who are “real parties in interest” can file a wrongful death lawsuit for the deceased. For example, if you are an immediate family member of the deceased, you can file a wrongful death claim. 

Other eligible parties:

• Life partners
• Siblings
• Parents and grandparents
• Dependents 

If the deceased had a personal representative, who was legally approved, before they passed away, this representative could also file a claim. These types of people tend to be attorneys, executors of the estate, and more. 

How to Build a Solid Wrongful Death Case

The challenge with these types of cases is that not all accidental deaths can be taken up in court. There are specific criteria that your case must meet to qualify as wrongful death. 

Negligence

In wrongful death cases, the plaintiff must prove to the court that the other party’s negligence or carelessness caused the death. For example, in car accident cases, the at-fault driver would have to cause injuries to a person through their negligent actions, which lead to death before it would be considered a wrongful act. As mentioned earlier, if someone was driving under the influence, they acted carelessly. If they were texting and driving, that is also a careless act. 

Breach of Duty

To strengthen your wrongful death case, you must prove that the other party had a duty to uphold towards the deceased. This is common in auto accident cases where every driver has the duty to drive prudently. When you breach that duty by not paying attention to the road or driving your vehicle while under the influence of drugs, you are responsible for the death of another person. 

Damages

Regardless of whether you have a wrongful death or personal injury case, you have the right to seek compensation, especially if the incident caused adverse conditions. Damages are the financial compensation equivalent to what you have lost or the trauma you experienced. 

It is best to partner with a reputable wrongful death attorney in Texas when building your case. They can create a case that proves you deserve compensation for any mental or emotional trauma and financial losses caused by the incident. 

Who Can I Sue for Wrongful Death?

You can sue anyone that is responsible for the wrongful death. This includes other people, surgeons, medical professionals, and more. 

Potential entities that you can sue for wrongful death:

• The drunk driver who hit you.
• Manufacturer of a defective product
• A responsible third party
• An employer that failed to provide a safe work environment
• The pharmaceutical company responsible for producing a toxic medication
• The eighteen-wheeler driver who made a mistake during the operation of the semi that led to the death

If you cannot correctly identify who is at fault for the death, you can reach out to a knowledgeable Houston wrongful death attorney. They should be able to locate and file a suit against the correct party properly.

Who Can’t You Sue for Wrongful Death?

There are certain situations where you cannot hold certain parties responsible for death or injuries. For example, you may not be able to file a suit against the state or certain government entities because their employees have immunity from wrongful death claims.

Examples of when you cannot sue:

• A death caused by natural causes that took place on municipal property
• Death caused by the inability to provide police protection during civil disobedience

These types of situations don’t necessarily make the government agency or entity blameless. Everyone’s situation is different, and there are layers to your case that your attorney may be able to use to bring suit to a specific government agency. 

Possible Compensation for Wrongful Deaths

Everyone’s wrongful death case is unique, but there are a few common damages that you can collect as compensation from the case. Your wrongful death attorney in Houston can seek compensation for mental anguish experienced by the survivors of the deceased. 

Other compensation examples:

• Previous medical bills
• Funeral expenses
• Burial costs
• Loss of services
• Loss of monthly income

As mentioned above, everyone’s case is unique, so there may be other damages your attorney can claim on your behalf. The only way to know what your case may receive is to speak with an attorney. Most wrongful death attorneys in Texas offer free consultations to see if you even have a case. 

How Long Does a Wrongful Death Suit Take?

Lawsuits, in general, vary in how long it takes to settle. Some can finish in a few weeks or a few months, whereas others can drag on for years. Some cases don’t make it to court. Instead, the attorney and the other party’s attorney negotiate before coming to a settlement. 

The process of the wrongful death suit typically starts with each side presenting their evidence and statements proving their case. Your attorney may call witnesses to paint the picture of what happened. 

With all the evidence presented, your attorney and the other party’s attorney will mediate to see if they can settle the case without going to court. If they cannot agree, they will set a trial date. 

Some trials can be completed within a few days, whereas others can take a few weeks or a few months. Once the court reaches a verdict, either side can appeal the decision. 

How to Hire a Houston Wrongful Death Attorney

Hiring the right attorney to handle your wrongful death case is extremely important. You will want to work with a lawyer who has experience handling cases like yours and can dedicate enough time to handle your case. 

Check Out Their Reviews

Once you find a couple of lawyers to reach out to, make sure to look at their reviews. Some lawyers have their firms accredited by the Better Business Bureau. If they do, you can take a look to see what other clients said about working with them.

Were they timely in their responses? How did other clients feel about working with them and their team? You can also check out third-party websites like Google to see what other people say about certain attorneys. 

Recommendations From Friends and Family

If you aren’t sure where to start, you can always reach out to your friends and family to see if they know anyone. Since they are close to you, they are most likely to be more honest with you about their experience with their attorney. Even if their attorney does not handle wrongful death lawsuits, they can recommend you to someone who does. 

Check for Disciplinary Actions

Even if a lawyer sounds ideal or tells you everything you need to hear, check out if they have any disciplinary actions against them. You can check out the Texas State Bar Association for this information. 

Benefits of Hiring a Wrongful Death Attorney

One of the most significant benefits of working with a wrongful death attorney is that they have the resources to handle your lawsuit while you focus on healing. The last thing you want to deal with while grieving is making phone calls, going to court, and filing paperwork. When you hire a Houston wrongful death lawyer, they will make sure to meet the deadlines and file all the appropriate paperwork. 

Experts at Negotiating

Wrongful death lawyers know how much your case is worth and how much it means to you to bring the deceased justice. Your attorney will build the best case that highlights how much the loss of your loved one impacted your family.

These types of attorneys have experience negotiating with insurance companies, other attorneys, and other prevalent parties. They understand that these people are trained to avoid paying out more than a certain threshold amount. 

Objectivity

Insurance companies train their adjusters to lowball victims, and they often use a “take it or leave it” tactic to make you feel like they are giving you the best possible offer. These insurance companies prey on the fact that you are grieving, and you want to get the process over with.

Wrongful death attorneys know about these tactics, and insurance companies know that they can’t deploy those same tactics with an attorney. Your lawyer does not share the same emotions you have with the case, which gives them an upper hand. They can adequately negotiate the claim to get you the right compensation your family deserves. 

Extensive Knowledge of the Law

Filing a lawsuit is a long and stressful process that can take a toll on someone who does not know court proceedings or the law. Hopefully, this is the first and only wrongful death you will have to deal with. Unlike you, wrongful death lawyers have years of experience dealing with these types of cases. They will be able to take a look at your case and advise you of the next steps.

Saves You Time and Money

Although that statement may sound unreal, it’s true. Many people are hesitant against hiring an attorney because they assume that it is expensive, but that’s not always the case. Most reputable attorneys offer to work on a contingency fee, which means they do not accept any payment unless you win the case. 

Investing in the right attorney will save you money not only because they will ensure that the other party does not take advantage of you but because they will get you the highest payout for your case. 

Your time is valuable, especially when grieving the loss of a loved one. These cases are extraordinarily labor-intensive and can drag on for years. Instead of spending countless hours filing claims, gathering documents, and stressing over evidence, you should reach out to a lawyer. 

Bring Your Loved One Justice

Nothing can replace the emotional void of losing someone you love, especially when someone could have avoided the accident. You get more than just legal advice and guidance when you hire the right Houston wrongful death lawyer.

You also get emotional support and years of industry knowledge and experience. These attorneys are well versed in the law, and they will do everything they can to bring justice to your family. If you need help filing a wrongful death suit, contact us now. Our team is ready to provide you with the support you need. 

Contact Morgan Legal Group

Address:
440 Louisiana St., Suite 910, Houston, TX 77002

Email: info@morganlegalgroup.com
Tel: 713-969-5026

Free Initial Case Review

Call/Text (713) 969-5026

Name *

Email *

Numbers

Paragraph Text *

Get Help Now