No amount of compensation can ever make up for the loss of a loved one. At the Ben Dominguez Law Firm, our wrongful death lawyers can help you seek the justice and fair settlement you deserve if you lost a loved one due to the negligence of another. Our dedicated team of wrongful death attorneys will help guide you through this complex process and ensure you recover the compensation you’re owed for your devastating loss.
After the untimely loss of a loved one, you may not know where to turn or how you and your family will make ends meet. At the Ben Dominguez Law Firm, our wrongful death attorneys understand the importance of recovering a fair settlement as soon as possible, after such a devastating loss. As you and your loved ones focus on healing and moving on with your lives, our legal team can help by:
During this stressful time, our legal team will handle all interactions with the insurance company or defense attorney, to allow you and your family to grieve in peace. We will not allow an insurance company or defense attorney to intimidate you or harrass you.
Our wrongful death lawyers will go above and beyond to build a strong case that will help you recover maximum compensation for your loss.
Wrongful death refers to a situation in which a person’s death is caused by the negligence of another party.
The elements of wrongful death include:
The death is the direct result of the negligent or intentional actions of another individual.
The responsible party can be held accountable for their actions, whether through negligence, intentional harm, or a breach of duty.
Family members or dependents suffer damages due to the death, such as loss of financial support.
Wrongful deaths commonly occur due to:
You will have two years from the date of the loss of a loved one to file a lawsuit and pursue compensation. If you fail to file within this time frame, your case may be dismissed from court and you will be unable to recover damages. At the Ben Dominguez Law Firm, as you focus on healing, our wrongful death lawyers will handle every aspect of your case, and will ensure your paperwork is filed correctly and on time.
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In a wrongful death claim, you may be entitled to the following types of damages:
In Texas, the right to file a wrongful death claim is limited to specific individuals.
Eligible parties that can file a wrongful death claim in Texas include:
The surviving spouse typically has the primary right to file a wrongful death claim.
If there is no surviving spouse or if the spouse doesn’t file a claim within three months, the deceased person’s children may file the claim.
If there is no surviving spouse or children who file within three months, the deceased person’s parents may have the right to file.
If none of the above-mentioned individuals file a claim within three months, the executor or personal representative of the deceased’s estate may bring a wrongful death lawsuit.
In a wrongful death lawsuit, certain elements need to be established to prove the claim. While the specific requirements may vary by jurisdiction, the following are common elements typically associated with wrongful death cases:
To be eligible to file a wrongful death lawsuit, there are four elements that must be established.
You must establish that the party you are suing (the defendant) owed the decedent a duty of care. Duty of care is typically based on a legal responsibility or obligation. For example, a driver has the responsibility to drive carefully and follow all traffic laws.
You must prove that the other party breached their duty of care. For example, if the decedent was killed due to a driver driving while under the influence of drugs or alcohol, they failed to act in a reasonable and responsible manner, breaching their duty of care.
There must be a link between the other party’s (the defendant’s) breach of duty and the death of your loved one. You must establish that the other party’s actions or negligence directly caused or contributed to the fatal injuries.
You must show that you have suffered damages as a result of the death of your loved one.
These damages can include financial losses, such as:
And more.
For a successful wrongful death lawsuit, these four elements must be established. If you’re uncertain whether you have a valid case, you can schedule a free legal consultation with a wrongful death lawyer at the Ben Dominguez Law Firm. They can review your case, answer all of your questions, and help you decide on how to pursue compensation for the unexpected loss of a loved one.
If you lost a loved one due to the negligence of another, contact the Ben Dominguez Law Firm today. Our wrongful death lawyers can help you pursue the compensation and justice you deserve for this devastating loss.
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Our legal team understands how challenging it may be to visit us in person, especially if you suffered injuries in an accident, which is why we offer both in-person and virtual appointments. Our goal is to help accident victims in the great state of Texas, receive the experienced and knowledgeable legal guidance and support they need, conveniently, and as soon as possible following a personal injury accident or incident.
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4899 Montrose Blvd,
#1512, Houston, Texas 77006
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If you were involved in an accident in Houston, TX, that was caused by the negligent, reckless actions of another, a Houston personal injury lawyer at the Ben Dominguez Law Firm can help. We understand how devastating the aftermath of an accident can be, especially if you’re recovering from severe injuries, and we want to help you obtain the justice and compensation you deserve.
Contact us today to schedule your free consultation and learn how the legal team at the Ben Dominguez Law Firm can help.
Houston Office
The Museum Tower 4899 Montrose Blvd,
#1306, Houston, Texas 77006
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