We Can’t Bring Back Your Loved One! But, Our Expert Houston Wrongful Death Attorney Can Get You Justice
Who May Make a Wrongful Death Claim in Texas?
Actions for the death of a family member may be brought by spouses, parents or children. Texas also permits the estate of the deceased to bring a survival action to recover for past medical expenses and conscious pain and suffering, and other non-economic damages which the deceased may have suffered before death. It is important to note however that these civil claims may only be filed by immediate family members. Texas does not permit grandparents, cousins, brothers or sisters to assert any claims for the death of a family member.
How to Prove Negligence in a Wrongful Death Lawsuit in Houston?
If you find yourself in the devastating situation of losing a loved one due to someone else’s negligence, you may be entitled to file a wrongful death lawsuit in Texas. But how do you go about proving negligence in such a case?
Negligence refers to a failure to exercise reasonable care, resulting in harm or death. To prove negligence, certain elements must be established.
- Duty to Care: This means showing that the defendant had a legal obligation to act in a way that would prevent harm to others.
- Prove that the defendant breached that duty: This can be done by presenting evidence that shows the defendant failed to meet the standard of care expected of them. It could be through their actions or even their lack of action.
- Causal connection between the defendant’s breach of duty and the death of your loved one: This means showing that it was the defendant’s negligence that directly led to the fatal accident or incident. Expert witnesses or accident reconstruction specialists can play a crucial role in providing this evidence.
Texas follows a modified comparative fault rule when it comes to wrongful death cases. This means that if the deceased was partially at fault for their own death, their family may still be eligible for compensation. However, their recovery will be reduced by an amount equal to their percentage of fault.
Houston Wrongful Death Attorney
What is the Purpose of a Wrongful Death Action?
Wrongful death actions are meant to accomplish two major goals:
- Make up for any damages families have suffered, such as emotional distress and financial loss;
- Hold the negligent parties accountable for their transgressions and recklessness.
The purpose of a wrongful death action is to provide a means for the family of the deceased to seek justice, accountability, and financial compensation for their loss due to the actions of another party.
Give our team a call today at 877-213-5004
Types of Damages in Wrongful Death Actions
Non-exclusive economic and non-economic damages that a spouse, parent, or child of a deceased may be entitled to recover include:
- Medical bills associated with the accidental death
- Funeral and burial or cremation expenses
- Past and future loss of advice and counsel
- Past and future loss of services and support, including but not limited to lost nurture, care, education, and guidance
- Past and future loss of household services
- Past and future mental anguish, distress, emotional pain and torment
- Past and future loss of parental consortium including the loss of love, society, companionship, affection, solace, comfort
and assistance - Loss of inheritance
- Loss of companionship and care
- Punitive damages
You must establish that the death of your loved one resulted in damages, both economic and non-economic. Consulting with an experienced Houston wrongful death attorney can help navigate the legal process and increase the likelihood of a successful outcome. So don’t lose hope – fight for what’s right and ensure that those responsible are held accountable!
Don’t Delay! Call Us Now Before Time Runs Out!
Although insurance companies know that cases involving someone’s death can result in a large payout, the adjuster will still usually offer far less in an effort to save the insurance carrier money. This is why you should consult one of the lawyers at the Houston law firm of Joel A. Gordon & Associates. Our Houston wrongful death attorney understand the complexity of the damages caused by a significant loss, and we will hire the necessary experts to help prove the case. Call our firm promptly for a free consultation with one of our legal counselors.
Our Houston Wrongful Death Attorney are ready for you. Call 281-943-5555 right now.
I was very pleased with the outcome of my case. Joel Gordon and his staff were very professional and thorough. Mr. Gordon was always available to answer any questions I had throughout the case and when he was unavailable he returned calls very quickly. I also got great medical attention without having to worry about making upfront payments. I definitely recommend Joel A. Gordon & Associates to anyone who needs his services. Great attorney and staff!
In December 2012 I was in a very bad accident. My mother’s car was totaled and I did not have a lawyer at the time. After the accident I was referred to a lawyer by a friend and the process was very slow and not professional. I dropped that lawyer and hired Mr. Gordon. Mr. Gordon helped my mother get paid for her car and helped close my injury case. The overall experience with Mr. Gordon and his firm was very professional. Everything in my case moved quickly and in an orderly manner.
As populated as our city is..accidents, sometimes are inevitable. It’s during those times, when you need someone you can trust the most. Therefore, for the past 10+ years and the few accidents my family and I have been involved in, we all go to Mr. Joel Gordon. Not only is he professional, but also friendly and compassionate towards your situation and guides with the heart, not the #’s (un-like some out there).?
I was very pleased with the outcome of my case. Joel Gordon was never hard to reach and always had an answer to any question. He did a good job at keeping you updated with anything that went on. He goes out of his way to make sure his client is satisfied. I would definitely recommend him to anyone who has been in an accident.
I am very very pleased with the prompt professional service I received from Mr Gordon recently after being hit by another driver while stopped at a red light. The other driver’s company was stalling and not doing much of anything to get matters settled with my car or health issues, but within 24 hours of calling Mr. Gordon, he got my vehicle settlement for me and made arrangements for me to start getting treatments for my neck and shoulder injuries.