What You Should Know When You File Wrongful Death Claims in Houston?
Everyone has to face death at some point in time. After all, it is a part of life, natural and unavoidable. However, it is quite unfortunate when such death occurs before the expected time and more especially because of the other person’s carelessness. Life is too precious to be equated to money; therefore, it becomes difficult to justify a family member’s loss in terms of damages for a claim.
No amount of money can compensate someone for the loss of a loved one. But, if you consult a Houston wrongful death lawyer, they will fight for every dollar you are entitled to. There is guidance available from Houston wrongful death lawyer who knows how hard these cases can be. They work diligently on your behalf to seek deserved compensation and a successful outcome of your case. A conversation with a Houston wrongful death lawyer could help you understand your rights and make a proactive plan of action for your family’s future.
How Wrongful Death Cases Work in Houston?
As stated in TX Civ. Prac. & Rem. Code §71.004, only specific individuals are allowed to file wrongful death actions on behalf of the deceased.
Who Can File a Claim?
A wrongful death claim can only be filed by specific relatives of the deceased person. This includes:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
It is possible that these beneficiaries are not available or do not file the claim within three months from the date of death. At that time, the executor or administrator of such persons may implement the perseverance of such a claim.
What Damages Can Be Recovered?
A successful wrongful death claim may allow recovery for various damages experienced by surviving family members due to their loved one’s premature passing, including:
- Lost financial support, which encompasses loss of future earnings and inheritance
- Lost domestic labor or goods that household members failed to provide
- Lost assistance and support
- Lost the ability to enjoy the comfort and presence of the loved one
- Emotional pain and suffering
A wrongful death lawyer in Houston could explain further. This includes punitive or exemplary damages, which may also be available in extreme situations involving egregious negligence or a “willful act or omission” by the defendant(s).
What Are The Damages Caps for Wrongful Death in Houston?
As per wrongful death claims, Texas has damage caps for wrongful death claims, but these caps depend on the type of case:
- Economic losses: There is no cap on financial losses.
- Non-economic losses: There is no cap, except in medical malpractice cases, where the cap is $750,000.
- Punitive damages: The cap is $200,000 or two times the amount of economic damages plus the amount equal to non-economic damages, up to $750,000. There is no cap if the wrongful death was the result of a felony.
- Government claims: The cap for bodily injuries and miscellaneous costs is $250,000 per defendant or $500,000 per case, and the cap for property damage is $100,000.
These caps are set by Texas state law and apply throughout Houston.
What Will Include in Valuing Claim?
When a wrongful death case is filed in court, the judge or jury members ask for documented evidence to value an appropriate claim charge. This document should explain each minor detail related to what happened, why the claim is legal, and what money is requested. Houston wrongful death lawyer figured out details including:
- Costs for medical care before death
- Expanses of the funeral and burial
- Future earnings the deceased would have provided
- Emotional loss for surviving family members
- Pensions, health insurance, and other benefits the deceased would have provided
Steps to File a Claim for Wrongful Death
Filing a wrongful death claim can be difficult if you are unaware of the wrongful death law. If you believe their death could have been prevented, filing a wrongful death claim can help you seek justice and compensation. Here are the basic steps to follow:
- Confirm Eligibility – Typically, close family members or estate representatives can file the claim.
- Gather Evidence – Collect medical records, police reports, and witness statements.
- Consult a Lawyer – Consult a Houston wrongful death lawyer to assess your case.
- File a Claim – Submit the wrongful death lawsuit in the appropriate court.
- Prove Negligence – Show the defendant’s responsibility for the death.
- Negotiate or Go to Trial – Try to settle or proceed to trial if necessary.
- Receive Compensation – If successful, receive damages for medical bills, loss of income, and more.
These steps ensure a structured approach to pursuing justice for your loved one. An experienced Houston wrongful death lawyer can simplify the process and ensure proper representation.
Wrapping Up
Houston wrongful death lawyer is the go-to solution for you. This is particularly true when you are stuck between emotional stress and the litigation process following the deceased death. Consult a Houston wrongful death lawyer, which may allow you and your family to seek justice and compensation for wrongful actions from responsible ones—getting help from them helps achieve a favorable outcome for your case.
