A Houston wrongful death lawyer helps family members obtain compensation and justice for the loss of a loved one due to the negligent or wrongful acts of another. Their legal assistance will involve investigating the accident or incident to determine whether the deceased individual died as the result of negligence, gathering evidence that can establish liability and the demand for compensation, and handling settlement negotiations or trial representation, in the event that settlement negotiations are unsuccessful.
No amount of compensation can ever make up for the loss of a loved one. At the Ben Dominguez Law Firm, our Houston 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 Houston wrongful death attorneys will help guide you through this complex process and ensure you recover the compensation you’re owed for your devastating loss.
The 4 elements of wrongful death that must be established in order to file a lawsuit are duty of care, breach of duty, causation, and damages.
Duty of Care
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.
Breach of Duty
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.
Causation
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.
Damages
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 medical expenses before the deceased party passed, loss of financial support, or loss of guidance and affection.
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 Houston 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.
Eligible parties that can file a wrongful death claim in Houston, Texas, include the spouse, children, or parents.
Eligible parties that can file a wrongful death claim in Houston, Texas, include:
Spouse
The surviving spouse typically has the primary right to file a wrongful death claim.
Children
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.
Parents
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.
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A Houston wrongful death attorney can help you with your claim by investigating the accident or incident, gathering and analyzing evidence, interviewing witnesses, consulting with experts, calculating damages, negotiating with the insurance company, and filing a lawsuit, if necessary.
Your Houston wrongful death lawyer at the Ben Dominguez Law Firm will conduct a thorough investigation to determine if your loved one died as the result of the negligence of another.
During the course of the investigation, your attorney will gather evidence, such as the police report or incident report, phone records, photos of the accident site, photos of the injuries sustained, surveillance footage, traffic cam footage, dash cam footage, medical records, autopsy report, and other vital pieces of evidence that can establish liability and prove your demand for compensation.
Your Houston wrongful death attorney will interview any witnesses to learn about the events that led up to the accident, what happened during and after, and anything the other party did or said. These unbiased accounts of the accident can significantly strengthen your case.
Your attorney will consult with experts such as medical examiners, physicians, and accident reconstructionists to establish liability.
Your Houston wrongful death attorney will handle all communication with the insurance company to protect your rights and your claim. At the Ben Dominguez Law Firm, our legal team is familiar with the tactics and tricks insurance companies use to deny liability, deny a claim, or minimize payout. They will go above and beyond to help you secure the compensation you deserve for the untimely loss of a loved one.
If settlement negotiations are not successful, your attorney will be prepared to file a lawsuit on your behalf. During this time,they will continue to negotiate with the insurance company. However, if settlement negotiations are still unsuccessful, they will be prepared to present your case in court, before a judge and jury. 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 Houston 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 will handle every aspect of your case, going above and beyond to build a strong case that will help you recover maximum compensation for your loss.
The most common causes of wrongful death in Houston, Texas, include car accidents, truck accidents, motorcycle accidents, bike accidents, pedestrian accidents, slip and fall accidents, medical malpractice, workplace accidents, and defective products.
Auto accidents are the most common cause of wrongful death. When a motorist acts negligently behind the wheel by speeding, driving while under the influence, and causes a motor vehicle collision that results in the death of another, they can be held responsible for damages.
Commercial truck accidents involving passenger vehicles often result in devastating injuries or fatalities. If you lost a loved one in an accident caused by a negligent truck driver, you can hold the negligent trucker, trucking company, and other potentially liable parties responsible.
Motorcyclists have very little protection against vehicles that weigh thousands of pounds. When a motorcyclist is involved in an accident with another vehicle, they often sustain life-changing or fatal injuries.
Bicycle accidents commonly occur due to drivers failing to look out for cyclists. Bike accidents at intersections are very common. Other common causes of fatal bike accidents include motorists driving aggressively, failing to give cyclists enough room, failing to check for cyclists when exiting or entering parking lots or parking structures, left-turn accidents, and dooring accidents
When a motorist drives recklessly, speeds, or fails to check for pedestrians, it can result in a fatal accident. Pedestrian accidents are common at intersections, when drivers do not check for pedestrians in crosswalks. Distracted driving, driving under the influence, speeding, and reckless driving are common causes of pedestrian accidents.
When a property owner or manager fails to maintain their property or address dangerous conditions on their property it can result in a fatal slip and fall accident. Common causes of slip and falls include wet or slippery surfaces, uneven surfaces, broken or missing stairs, broken or missing handrails, poor lighting conditions, or unsecured cables or wires.
When a medical professional fails to uphold the high standard of care it can result in the death of a patient. Examples of medical malpractice can include a failure to diagnose, misdiagnosis, surgical errors, and medication errors.
When a loved one dies due to negligence or unsafe conditions in the workplace you can pursue compensation by filing a wrongful death claim against the manufacturer of a defective tool, a coworker, or their employer.
A defective product can result in wrongful death when the product is deemed faulty and it directly causes the individual’s death.
The statute of limitations in Houston, Texas, for wrongful death is two years from the date of death. If you fail to file within this time frame, your case may be dismissed from court and you will be unable to recover damages.
The damages you can recover in a wrongful death claim in Houston will depend on many factors, such as the age of the decedent, their level of fault, their annual income, whether they received medical treatment before death, and other factors.
When you file a wrongful death claim in Houston, you may be entitled to the following types of damages:
Loss of future income
Emotional distress
Lost love, companionship, and comfort
Funeral and burial expenses
Costs of medical treatment for the decedent
Loss of retirement benefits
Loss of inheritance
Loss of consortium
If you lost a loved one due to the negligence of another, contact the Ben Dominguez Law Firm today. Our Houston wrongful death lawyers can help you pursue the compensation and justice you deserve for this devastating loss.
Contact the Ben Dominguez Law Firm today to schedule a free consultation with an experienced member of our legal team to learn more.
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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.
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