Houston Wrongful Death Attorney
Nothing can be more devastating than the sudden death of a loved one. Wrongful death is a legal term describing the death of an individual caused by recklessness or negligence of other people or parties. Many times, the surviving family members have mixed emotions about suing for money. There is no amount of money that could recover what the family has lost. However, monetary compensation is the only way under the law can recover for the life that was lost, and punish the negligent party.
Texas Statutes Section 71.001 states that an action for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. The surviving spouse, children, and parents of the deceased person may file a wrongful death claim in Texas. They can choose to file it independently or as a group. A wrongful death case is filed differently compared to a criminal homicide case. The surviving family member must file the claim directly, and liability is expressed solely in monetary damages. While a criminal case is filed by a prosecutor in the district attorney’s office, and guilt is punished by imprisonment, fines, probation or other forms. In Texas, you can file a wrongful death claim on top of the criminal charges filed by a prosecutor.
Each wrongful death claims is different, but there are some common causes involved, such as: automobile or truck accidents, medical malpractice, work accidents, product defects, occupational exposure, premises accidents, plane crashes, bus or train crashes, defective pharmaceutical product and many more. Texas has a two years statute of limitations for wrongful death cases. The claims are paid to compensate the surviving family, for example: lost earning capacity, mental and emotional anguish, pain and suffering, lost love and companionship, loss of inheritance and more. There are four key elements involved in wrongful death: negligence, breach of duty, causation, and damages. In order to prove these points, a skilled attorney specializing in wrongful death cases is required to provide strong and convincing evidence in the lawsuit.
The shocking death of a loved one leads to emotional and financial devastation. A monetary recovery can ensure that the surviving wife/husband, children or other family members can recover their financial security, and focus on coping with the grief process. The life change of losing a loved one is unbearable. At the Hollingsworth Law Firm, PLLC, we areproven to be dedicated, compassionate, and most importantly, effective advocates for our clients. We are here to help you go through one of the hardest times of your life.