The unexpected death of a loved one may create difficult situations, both financial and emotional. There are also possibilities that you may have to deal with legal questions. To lead these legal matter, wrongful death lawyer Houston might be your helping partner. Financial recovery cannot bring your loved one back, but consult a wrongful death lawyer in Houston to get justice. Their tireless work in legal matters will alleviate some of the stress you face after a sudden loss.
Understanding Houston’s Wrongful Death Statute of Limitations
According to Section 16.003(b), the deceased’s family member (a spouse, children, or their parents) is eligible to file a wrongful death claim. They can file a claim up to two years after the incident occurs. The date to start the claim is usually the day your loved one passed away. But sometimes, certain causes could delay or pause the start of the statute of limitations.
While it is critical to consult a wrongful death lawyer in Huston on time, you can still reach out if you are reaching the two-year limit or if it has been more than two years since your loved one’s death. They will guide you through legal procedures. You should talk to a wrongful death lawyer Houston as soon as possible to make certain you can utilize all of your options.
Key Considerations to Filing a Wrongful Death Lawsuit in Houston
A wrongful death case in Texas is categorized as a negligence claim. In order to prevail, the plaintiff in a negligence action needs to establish four essential elements.
- A contractual obligation held by one party towards another
- A violation of legal responsibility
- The breach led to an injury.
- Quantifiable losses resulted from the death
In wrongful death cases, proving these elements for fair settlements is necessary. Under the law of Texas, classified relatives of the deceased can file a claim. If these eligible parties fail to take action within the following three months, the executor of the deceased’s estate may then pursue the lawsuit.
During legal procedures, if the deceased person is found to be partially at fault for the incident, the appealed compensation value might be reduced. This amount will be based on the percentage of fault assigned to the deceased in the incident. If the deceased person is responsible for up to 50% of the occurrence, he/she’s nearer one can still recover damages.
Besides this, the deceased’s relatives may be eligible to file a claim depending on the deceased occupation. If the deceased person was killed in a workplace accident, their claim may be affected by federal law such as the Jones Act, temporary income benefits, and the Outer Continental Shelf Lands Act.
What Compensation Can Be Claimed?
Under Section 71.004(a), a wrongful death action to recover damages is for the exclusive benefit of the deceased’s surviving spouse, children, and parents. Other family members and loved ones are typically not entitled to compensation for their loss.
Compensation the surviving family members may recover includes:
- Medical costs
- Costs associated with burial and funerals
- The absence of the family member’s financial support
- Loss of the family member’s assistance, support, and advise
- Loss of the affection, company, and comfort of the family member
- Loss of that family member’s inheritance
- Both physical and emotional suffering
Additionally, punitive damages recovery is only available in certain situations. For more information, survivors can consult a wrongful death lawyer in Houston about the compensation they may be able to recover.
How Houston Wrongful Death Lawyers Can Help
In Houston, wrongful death claims and survival actions can be complicated due to regulated laws. In legal procedures for wrongful death claims, you may have to deal with:
- A workers’ compensation claim
- An insurance claim
- File a lawsuit in court
As these have different applicable laws and procedure, completing all of them is not easy. Instead of navigating these claims yourself, contact an experienced and trusted wrongful death lawyer Houston. They will help you at each point of the legal process:
- Examine the case from the grassroots level and investigate the circumstances of death.
- Take legal action to get a fair settlement for your financial and emotional losses.
- Complete the required documentation and submit it within the deadlines.
- Bargain with the at-fault party’s insurance provider or lawyers at the outset of the case.
If a settlement cannot be reached, the attorney will represent you in court, arguing your case and providing evidence.
Final Words
Legal procedures for wrongful death claims require to follow difficult lawsuits which can be only easy with a wrongful death lawyer Houston. When you have an experienced lawyer on your side in wrongful death cases, the chance of a successful outcome automatically increases. Their assistance and knowledge might be really helpful in getting justice and closure.
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