The sudden loss of a loved one is an unimaginable tragedy. When that loss is caused by the negligence of another in a pedestrian accident, the grief is often compounded by anger and confusion. Hearing news of a fatal pedestrian accident today in Houston is a family’s worst nightmare, instantly changing their world. While no amount of money can replace a family member, Texas law provides a way for families to seek justice and financial stability through a wrongful death claim.
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Navigating the legal system during such a difficult time can feel overwhelming. At Joel A. Gordon & Associates, we understand the profound pain you are experiencing. Since 1993, our firm has been dedicated to providing compassionate and determined legal support to families grappling with the aftermath of a fatal accident. We are here to handle the legal burdens so you can focus on what matters most—healing.
Understanding Wrongful Death Claims in Texas
A wrongful death claim is a civil lawsuit filed when a person’s death is caused by the wrongful act, negligence, carelessness, or default of another person or entity. In essence, it allows surviving family members to hold the responsible party accountable for the immense harm they have caused.
In Texas, the right to file a wrongful death claim is granted to specific family members:
- The surviving spouse
- The children (including adopted children)
- The parents
These individuals can file a claim individually or together as a group. It is crucial to act promptly, as Texas law generally imposes a two-year statute of limitations from the date of the person’s death to file a lawsuit.
Proving Negligence in a Fatal Pedestrian Accident
The foundation of any successful fatal auto accident claim is proving that the at-fault party was negligent. This means demonstrating that the driver failed to exercise a reasonable level of care, and this failure directly resulted in the fatal accident.
Our legal team meticulously investigates every case to uncover the facts. Common examples of driver negligence in pedestrian accidents include:
- Distracted Driving: Texting, talking on the phone, or using a GPS.
- Speeding or Driving Too Fast for Conditions: Exceeding the speed limit or failing to slow down in poor weather or congested areas.
- Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs.
- Failure to Yield: Ignoring crosswalks, traffic signals, or a pedestrian’s right-of-way.
- Reckless Driving: Weaving through traffic, tailgating, or blatantly disregarding traffic laws.
Understanding the specific factors involved is critical. You can learn more about the common causes of pedestrian accidents and how they impact a legal claim.
What Compensation Can Be Recovered in a Fatal Auto Accident Claim?
A wrongful death lawsuit allows families to seek compensation, known as “damages,” for the extensive losses they have suffered. These damages are intended to provide financial relief for both tangible and intangible harms.
Damages can include:
- Lost Earning Capacity: The income the deceased would have reasonably been expected to earn over their lifetime.
- Loss of Inheritance: The value of assets the deceased would have likely accumulated and left to their family.
- Medical Expenses: The cost of any medical care the deceased received between the accident and their passing.
- Funeral and Burial Costs: The expenses associated with the deceased’s final arrangements.
- Loss of Companionship and Society: Compensation for the loss of love, comfort, and guidance.
- Mental Anguish and Emotional Pain: Acknowledging the profound grief and suffering of the surviving family members.
Why You Need an Experienced Wrongful Death Lawyer in Houston
Facing off against insurance companies after a tragic loss is the last thing a grieving family should have to do. These companies often prioritize their profits, not your family’s well-being. This is where having a dedicated wrongful death lawyer in Houston becomes essential.
At Joel A. Gordon & Associates, we bring a nationwide reputation for results to every case we handle. Our approach is built on decades of experience and a deep commitment to our clients.
- Experience You Can Trust: We have been serving Texas since 1993, giving us a profound understanding of the complexities of wrongful death litigation.
- We Handle Everything: Our team manages the entire legal process, from conducting an independent investigation and gathering evidence to negotiating with insurance adjusters and, if necessary, fighting for you in court.
- Compassionate Support: Our amazing client reviews often speak to the compassionate and personal attention we provide. We know you are going through the worst time of your life, and we are here to support you.
- Always Available: Tragedy doesn’t follow a 9-to-5 schedule. That’s why we offer a 24/7 phone service, ensuring you can reach us whenever you need guidance.
The First Steps to Take After a Tragic Loss
While you are grieving, there are a few steps you can take to protect your family’s legal rights:
- Do Not Speak to Insurance Adjusters: The at-fault party’s insurance company may contact you quickly. It is in your best interest not to give them a statement. Politely decline and refer them to your attorney.
- Gather Important Documents: If possible, locate any documents related to the accident, such as the police report, contact information for witnesses, and any medical bills.
- Contact an Attorney Immediately: The most important step is to consult with a qualified wrongful death lawyer. An experienced attorney can immediately begin preserving evidence and protecting your family from the tactics of insurance companies.
If your family is enduring the heartbreaking aftermath of a fatal pedestrian accident, please do not face it alone. Contact Joel A. Gordon & Associates today for a free, confidential consultation. Let our experience and compassion guide you toward the justice your loved one deserves.