The sudden loss of a loved one is a devastating experience. When that loss happens due to someone else’s negligence, the emotional pain is compounded by a sense of injustice. In Houston, where traffic accidents, medical malpractice, and other incidents tragically claim lives every year, families facing wrongful death often feel lost and unsure of where to turn.
Unintentional injuries are the fourth leading cause of death in the United States. In Texas alone, car accidents are a major concern, with the Texas Department of Transportation reporting thousands of fatalities each year.
These numbers paint a grim picture, but behind them are real families enduring unimaginable grief. If you’ve lost a loved one due to wrongful death in Houston, you’re not alone.
Here at Daniel Ogbeide Law, a Houston-based law firm, we understand the immense challenges you face. We are dedicated to helping families navigate the legal complexities of wrongful death claims and pursue the compensation they deserve.
This blog will serve as a guide for those who have suffered such a loss in Houston. We’ll discuss what constitutes wrongful death, the legal process involved in claiming compensation, and the types of damages recoverable.
Understanding Wrongful Death in Houston
What is Wrongful Death?
A wrongful death claim arises when someone’s death is caused by the negligence, carelessness, recklessness, or intentional misconduct of another person or entity. In Texas, wrongful death lawsuits are governed by Chapter 71 of the Texas Civil Practice and Remedies Code.
Examples of Wrongful Death Scenarios:
- A car accident caused by a drunk driver
- Medical malpractice that results in death
- A workplace accident due to employer negligence
- A defective product that leads to a fatality
Who Can File a Wrongful Death Claim?
Under Texas law, certain family members are eligible to file a wrongful death claim. These include:
- Spouse of the deceased
- Children of the deceased (including adopted and biological children)
- Parents of the deceased, if the deceased child was not married and had no children
- The estate representative of the deceased, if there are no surviving spouse or children
The Wrongful Death Legal Process in Houston
The legal process for wrongful death claims can be complex and time-consuming. Here’s a general overview of the steps involved:
- Consultation with a Wrongful Death Attorney: An experienced attorney can evaluate your case, determine its merit, and explain your legal options.
- Investigation:The attorney will gather evidence to support your claim, including accident reports, medical records, witness statements, and expert opinions.
- Demand Letter:The attorney will send a demand letter to the at-fault party outlining your claim and seeking compensation.
- Negotiation:Often, a settlement can be reached through negotiation with the at-fault party’s insurance company.
- Litigation:If necessary, your attorney will file a lawsuit and take the case to court.
Important Considerations:
- Time Limit:Texas has a statute of limitations of two years from the date of death to file a wrongful death
- Evidence:Gathering strong evidence is crucial to the success of your claim. The sooner you contact an attorney, the better chance they have of securing valuable evidence.
Types of Recoverable Damages in a Wrongful Death Claim
Wrongful death lawsuits can seek compensation for various damages, including:
- Loss of financial support:This includes lost wages, benefits, and the potential future earning capacity of the deceased.
- Loss of companionship:This covers the emotional loss of the companionship, guidance, and love of the deceased.
- Medical expenses:This includes any medical bills incurred before the death of a loved one.
- Funeral and burial expenses:Reimbursement for costs associated with the deceased’s funeral and burial.
- Pain and suffering:Compensation for the emotional pain and suffering endured by the surviving family members.
Daniel Ogbeide Law: Your Partner in Seeking Justice
At Daniel Ogbeide Law, we understand the emotional and financial toll wrongful death takes on families. Our dedicated team of experienced attorneys will fight tirelessly to secure the compensation you deserve.
We understand that no amount of money can truly replace the loss of a loved one. However, wrongful death compensation can help alleviate the financial burden and provide a sense of justice during this challenging time.
Schedule a Consultation Today
If you have lost a loved one due to wrongful death in Houston, contact Daniel Ogbeide Law today for a consultation. Our compassionate legal team will discuss your case, answer your questions, and guide you through your legal options. Don’t hesitate to seek the legal support you deserve during this difficult time.
We are here to help you navigate the complexities of wrongful death claims and fight for the justice your family deserves.