WHAT EXACTLY IS A WRONGFUL DEATH?
Losing a loved one or a spouse is always painful, but losing them due to an accident or someone else’s carelessness amplifies the anguish.
A wrongful death lawsuit can help you get compensation if your loved one died as a result of someone else’s carelessness or misconduct.
Consult a Houston wrongful death attorney for help filing a claim.
Death caused by someone’s carelessness or the carelessness of a company or individual is what is meant by the term “wrongful.” Inadequate or delayed medical treatment, as well as the distribution and use of defective products, are major contributors to avoidable fatalities. A Houston wrongful death claim requires proof that the defendant was negligent and that the accident could have been prevented with reasonable care on the part of the plaintiff.
WHO MAY FILE A LAWSUIT IN TEXAS FOR A WRONGFUL DEATH?
In the state of Texas, the surviving spouse, children, or even parents of the deceased can file a wrongful death lawsuit on their behalf.
Usually, a family member or other representative of the estate files the lawsuit on behalf of the harmed parties.
CAUSES OF WRONGFUL DEATH IN TEXAS
The most frequent kinds of accidents that cause accidental death are:
- Car causes wrecks (including distraction and drunk driving)
- Liability for premises
- 18-wheeler crash
- Motorcycle accidents
- Accidents at work
- Accidents that occur in the maritime or offshore
- Airplane accidents
- Defective or dangerous products (exposure exposure to asbestos that leads to Mesothelioma or Cancer)
- Med Malpractice
A claim for accidental death is pursued with the goals of identifying the responsible party and delivering justice to those who have suffered a loss through the pursuit of compensation for their suffering. If you or someone you love passed away as a result of the negligent actions of another person, you should get in touch with Houston attorney Charles J. Argento, who specializes in wrongful deaths, at (713) 766-4727 to find out what we can do to assist you in safeguarding your legal rights and obtaining the monetary compensation you are entitled to.
EVIDENCE OF NEGLIGENCE IN REGARD TO AN INACCURATE DEATH CLAIM IN HOUSTON
Although there is a vast number of potential causes and circumstances that could result in a wrongful death lawsuit, the following aspects must be distinctly defined prior to filing a claim for damages:
1. An obligation to care should be evidence sufficient to prove in court that the responsible party acted irresponsibly at the time of the incident and did not comply with safety standards.
This can be the case for property owners, vehicle operators, physicians, workplace supervisors, and product manufacturers who were not adhering to established standards, which resulted in a fatal accident that could have been avoided. Also included in this category are situations in which these individuals caused an accident.
For example, motorists have a duty of care toward other people on the road and are required to behave in accordance with the laws and standards that a reasonable person would observe given the circumstances.
This means that they are responsible for driving at a reasonable speed and avoiding dangerous or unexpected maneuvers. However, it could also mean that they are responsible for maintaining the vehicle in a safe condition by ensuring that the braking system is in good working order and that the tires have an adequate amount of tread on them.
2. a violation of the duty of care: There needs to be proof that the person responsible for the accident violated the legal duty of care that the perpetrator was able to observe in order to be held liable for the accident.
This could be due to a violation of the safety rules for traffic, as well as conditions in the workplace or on the property that do not live up to the standard, faulty products, or mistakes made by health professionals.
For instance, a physician who is obligated to provide medical attention to a particular patient may break this obligation by, for example, failing to investigate all of the possible diagnoses in light of the patient’s symptoms or failing to adhere to the standard and most effective techniques for treating wounds after a procedure.
3. Causation: Not only should the evidence prove that the negligent party was in violation of the law or was irresponsible, but it also needs to be clear that the negligence directly led to the death of an individual. This is the third and final element of a negligence claim.
In order to file a claim for compensation on behalf of family members who survived the accident, it is necessary to demonstrate a direct connection between the negligent act that caused the accident and the resulting fatality.
For example, if a doctor breaches their duty to treat a patient by failing to investigate the possibility of multiple diagnoses for that patient, but the patient ultimately dies as a result of an infection that they acquired while they were in the hospital, then the breach of duty committed by the doctor is not the only cause of the patient’s death.
However, if the nurse who was responsible for taking care of the patient behaved in a way that was negligent and caused the patient to become infected, for example, by failing to properly wash between patients, then the breach of duty committed by that nurse could be considered the primary cause of that patient’s passing.
In this particular situation, bringing a claim for wrongful death against the nurse, rather than the physician or the hospital, would be the best course of action.
THE IMPORTANCE OF ENGAGING THE SERVICES OF A WRONGFUL DEATH ATTORNEY IN HOUSTON
An experienced wrongful death attorney in Houston can connect with financial institutions, insurance companies, and other companies that might not willingly collaborate with non-lawyer lawyers.
To put it another way, individuals and businesses involved in legal matters will provide prompt and accurate responses when contacted by legal representatives.
By dialing (713) 764-4727 and speaking with a Houston lawyer about the wrongful death of a loved one, you will initiate the process of conducting an investigation. This investigation will be carried out in order to collect the evidence required to obtain the maximum amount of compensation for your family and you as a result of your loss.
An experienced and well-informed attorney in Houston who specializes in wrongful death cases will gather all of the necessary information, walk you and your loved ones through the challenging legal process, and give you information and guidance regarding your legal options and rights.
DAMAGES RECOVERED IN WRONGFUL DEATH CASES
A variety of factors, including the following, are taken into consideration by the courts when deciding the amount of damages to be awarded in cases involving wrongful deaths. These factors include:
- Funeral & Burial Expenses
- Lost Benefits (including Retirement, Pension, Medical or Health Insurance Coverage)
- Lost Earnings
- Medical Expense Left Behind by the Deceased
- Mental & Emotional Anguish
The kinds of damages covered by the law include the total amount of a complex calculative system used by courts to decide the amount of the wrongful death lawsuit. The formula is basing on the deceased’s earnings capacity and their previous life expectancy, in addition to many other elements that are different for each individual. If there are several beneficiaries the proceeds will be divided equally.
WRONGFUL DEATH BY NEGLIGENT
in Texas the state of Texas, exceptional damages are possible and are recoverable when an unjustified death occurs due to an honest person who acts in an irresponsible or negligent way. Exemplary damages are sometimes known as ‘punitive damage’.’ This process is designed to hold the party responsible accountable for their blatant negligent behavior and to penalize the offender, while also ensuring justice to the person who was wronged.
AT CHARLES J. ARGENTO & ASSOCIATES, OUR LAW FIRM IN HOUSTON, TX ALSO FOCUSES ON THE FOLLOWING PRACTICE AREAS:
- Car Accident
- Defective Products
- Medical Device Lawsuit
- Truck Accidents
- Drunk Driving Accidents
- Medical Malpractice
- Workers Injury
- Dog Bite
- Premises Liability
- Motorcycle Accident
- Pedestrian Accidents
- Burn Injuries
- CPAP & BiPAP Injury
- Paragard IUD Injury
- Highway Accident
COMPASSIONATE AND AGGRESSIVE REPRESENTATION BY HOUSTON WRONGFUL DEATH ATTORNEY
With more than 30 years experience representing victims of accidental deaths in cases and wrongful death cases, our Houston lawyer for wrongful death strives to find the true cause of the death of your loved ones, while the family and you to recover compensation for the emotional and financial loss that you have suffered. While no amount will bring back a beloved person, the funds could aid in alleviating the financial strain that comes with losing a wage earner , or paying for high medical bills at the end of life which allows you to concentrate on recovering as well as rebuilding your lives instead than worrying about how you’ll make enough money to make ends meet.