HOUSTON WRONGFUL DEATH ATTORNEY

Wrongful death is a civil action filed by a surviving family member against someone who is responsible for the death of a loved one as a result of their negligence. Any criminal charges that may be pending are unrelated to a wrongful death case.

Criminal vs Civil Cases for Wrongful Death

In addition to the fact that one is a civil action and the other is a criminal action, there are a few other major differences between the two. 

First, the burden of proof in a wrongful death lawsuit is much lower than in a criminal proceeding. Another distinct facet of a wrongful death cases is that the focus is on the victim and their family, instead of on the wrongdoer. Allowing surviving family members to seek compensation for their tragic loss is the objective of a wrongful death case.

Additionally, a lawsuit may be filed in a variety of circumstances, including medical malpractice lawsuits, automobile accidents, defective products, criminal behavior, and more.

A wrongful death attorney's responsibility is to handle litigation on behalf of families who have lost a loved one as a result of someone else's negligence. They establish liability and try to hold the negligent party accountable for the family’s economic losses.

No, wrongful death proceedings are civil in nature, with the goal of holding wrongdoers liable for monetary damages. Authorities may charge the offender with a criminal offense, but the case is separate from any civil damages lawsuit.

Houston wrongful death lawyers must show that someone did something improper that resulted in the death of their loved one in order to win a wrongful death case. To be successful, a Texas wrongful death attorney must meet demonstrate these four criteria are met and provide legal proof that the individual or company:

Owed a Duty to the Deceased

This could be a company that should have protected its employee or another motorist who should have followed a traffic law.

Breach of That Duty

 The person or company was bound to act one way to avoid the accident but did not. An example is a person running a red light and crashing into the victim.

Caused the Death

The death was caused by the failure of the defendants. An example is an auto accident that killed the person. Expert testimony of physicians or pathologists is usually used in wrongful death lawsuits to establish the cause of death.

Damages of the Family

Each family member who is entitled to bring a wrongful death claim has their damages assessed based upon the loss of their loved one. A wrongful death case is essentially valuing the losses of the family member.

In Texas, the deceased's spouse, parents, and children are allowed to sue after a fatal accident.

Wrongful death victims deserve justice, and negligent parties need to be held accountable, as they have caused life-altering damage for so many friends and family of the deceased.

If you have lost a loved one to an accident, contact a wrongful death lawyer at Reich & Binstock to discuss a wrongful death claim on your behalf.

When picking a Houston wrongful death lawyer, there are a few things to look for. First, double-check that they are currently licensed to practice in your state. Look for the areas of law they cover when performing your research. A lawyer who specializes in wrongful death cases is known as a personal injury attorney.

Next look into their case history and examine testimonials and reviews from previous customers. Don't underestimate the significance of a review. A lawyer's reputation is built on the experiences of past clients.

Although there are exceptions, a wrongful death settlement is typically not taxable. There are several exceptions, such as claims for lost wages or punitive damages awarded by a jury. Consult a knowledgeable Houston wrongful death attorney about your specific situation and claims.

There is no such thing as a standard amount for a wrongful death litigation because each case is unique.

The amount of compensation available in each case is determined by a variety of variables, including the severity of the cause of death, the resulting anguish and suffering, your lawyer's experience, whether your case is settled or goes to trial, and many others.

Given this, some wrongful death lawsuits are settled for tens of millions of dollars, while others are settled for less than a million. Contact an experienced wrongful death lawyer at Reich & Binstock to get a better idea of how much your case might be worth.

Wrongful death damages you could be awarded include pecuniary losses, loss of companionship and society, mental anguish, and loss of inheritance. Punitive damages may be payable in some cases, but only if the death was caused by a "willful act or omission or gross negligence of the defendant."

Economic Damages for Texas Wrongful Death Claims

The family’s losses might be both monetary and nonmonetary. Medical and funeral bills, out-of-pocket expenses, loss of household services, property damage, loss of support and income, loss of earning ability, and lost potential inheritance are all examples of monetary losses.

Non-Economic Damages for Texas Wrongful Death Claims

On the other hand, non-monetary losses account for things like the pain and suffering of the deceased and their loved ones. Reputational injury, humiliation, loss of enjoyment of life, and loss of consortium are additional examples.

How much you're able to get out of your Houston wrongful death claim will really hinge on the experience of your lawyer. TX wrongful death lawyers with more experience will know which damages you're entitled to and how much you actually deserve.

The wrongful death statute of limitations Texas is two years from the date of the victim's death. We recommend that you hire a qualified wrongful death attorney as soon as possible following the accident. Delaying retaining an attorney makes it more difficult to prove your case. That’s because it is harder to gather evidence as time passes.