WRONGFUL DEATH
The loss of a loved one can be a heartbreaking experience, made even more emotional when it occurs due to someone else’s negligence. In Houston, Texas, wrongful death cases revolve around emotional and legal challenges. Families are not only depressed with grief but also going through a complicated legal maze to seek justice. It is important to understand the complexities of wrongful death claims in Houston, offering insights into the legal options available to you and your family. Our Texas wrongful death attorneys at Egbuonu Law are here to assist in the event you lose a loved one.
Understanding the Texas Wrongful Death Statute
Texas law provides laws for wrongful death claims, allowing immediate family members—spouses, children, and parents—to file a lawsuit against the responsible party. These laws aim to hold individuals or entities accountable for negligent or intentional acts that result in death. Compensation can include a variety of damages, such as loss of income, emotional suffering, and loss of companionship. Familiarizing yourself with these laws is an important step in pursuing justice for your loved one in Houston.
Who Can File a Wrongful Death Claim in Texas?
It is pertinent to mention here, that generally siblings and other extended family members are not eligible to file such claims. There is a statute of limitations that gives immediate family members a specific time frame—usually up to two years from the date of death—to initiate legal proceedings.
Personal Representatives and Wrongful Death Claims in Texas
In cases where immediate family members are unable or unwilling to file a wrongful death claim, a personal representative of the deceased’s estate may step in. This individual is usually named in the deceased’s will or appointed by a court and has the legal authority to initiate a wrongful death lawsuit on behalf of the estate.
Types of Incidents Leading to Wrongful Death Claims in Houston
Wrongful death claims in Houston often arise from a variety of incidents. Common causes include car accidents, medical malpractice, workplace hazards, and even intentional acts like assault. Each type of incident carries its own set of legal considerations, making it important to consult with an experienced attorney who can guide you through the specifics of your case.
The Difference Between Criminal Homicide and Wrongful Death Cases
It’s important to distinguish between criminal homicide and wrongful death claims. While both involve the loss of life, the legal proceedings differ significantly. Criminal cases are prosecuted by the state and require proof “beyond a reasonable doubt,” whereas wrongful death claims are civil lawsuits that require a “preponderance of the evidence.” The outcomes also differ: criminal cases can result in imprisonment, while civil cases usually result in monetary compensation.
Types of Damages in a Texas Wrongful Death Claim
In Texas, damages in a wrongful death claim can be categorized into two broad types: those that compensate the estate for the deceased’s suffering before death, and those that compensate surviving family members for their loss. This can include medical expenses, funeral costs, loss of income, and emotional suffering among others.
How Egbuonu Law Can Assist in Houston Wrongful Death Cases
Going through a wrongful death claim in Houston requires specialized legal expertise. At Egbuonu Law, we offer comprehensive legal services that cover everything from initial consultations to courtroom representation. Our Texas wrongful death attorneys are committed to ensuring that you receive the justice and compensation you rightfully deserve.