Has a member of your family died because of someone else’s negligence?
Do you need a Houston Wrongful Death Accident Attorney?
Hopefully, you will never need a wrongful death accident attorney.
Many people in Houston die from accidents that are caused by someone’s negligence. In 2021, according to State officials, Houston had over 300 fatalities because of accidents. Texas drivers involved in a fatality accident are required to stop at the accident site–the Texas laws requiring drivers to stop at the scene are here. If someone else’s negligence caused the death of a loved one, then you likely need to consult with a Houston Wrongful Death Accident Lawyer at Molina Law Firm. Accidents are caused by various dangerous situations. For example, Houston roads continue to see more traffic as the population grows and construction continues to increase. Houston’s never-ending road and building construction employs thousands of people. These workers are on our roads and construction sites. Wrongful death accidents can also occur on the job. Also, the internet economy has added many more drivers, delivery drivers, and rented vehicles to our roads.
When a loved one’s death is caused by someone else’s negligence, no family should have to bury a loved one while dealing with the stresses of this very personal time. There are many different kinds of personal injury accidents that could lead to the death of a loved one, such as car accidents, truck accidents, motorcycle accidents, construction accidents, slip-and-fall injuries, pedestrian accidents, and more. If one of these things happened and you lost a loved one, our Houston wrongful death lawyers might be able to help.
Whether the death was caused by an 18-wheeler accident, a trucking accident, car accident, an accident involving a commercial vehicle, or something else, a wrongful death lawyer can help you through the complicated legal process. Under Texas law, people whose loved ones were killed wrongfully can file a claim in court to get money.
Trying to put a dollar amount on a person’s life is almost impossible, and sometimes it’s hard for us to even think about it. Even though no amount of money can bring back a loved one who has died, surviving family members may be able to get financial security and even peace of mind from knowing that the people who caused their loved one’s death have been punished in a Texas court of law.
Who In Texas Can File A Claim For Wrongful Death?
A wrongful death plaintiff is a statutory beneficiary of the deceased. Any resulting damages belong to the beneficiary and not to the estate of the deceased. A wrongful death claim is different than a survival claim. In a survival claim, the claim and damages belong to the estate of the deceased. In Texas, only certain people are able to file claims for wrongful death. The laws say that the children, parents, or spouse of the person who died can file a lawsuit for “wrongful death.” Notably, siblings cannot bring wrongful death claims in Texas. With the help of a wrongful death lawyer, a wrongful death claim can be filed against any company or person who caused the death of a loved one. If the suit is against a company, then it is critical to begin the investigation immediately. Companies and Insurance companies have teams of people trained and ready to begin an investigation the moment an accident happens. They will take photos and talk to witnesses immediately. However, this investigation is for the insurance company, and not for the benefit of the deceased. If the family of the deceased wants to conduct their own investigation, then it is important that you contact Molina Law Firm as soon as you can.
In Texas, You Must Be One Of The Following To File A Claim For Wrongful Death:
–A surviving spouse.
–A surviving child
— Surviving parent(s).
–A legally adopted child of the deceased.
–The surviving adoptive parent(s).
–The executor of the estate for the deceased.
In most cases of wrongful death lawsuits with more than one claimant, the relationship between the claimant and the person who died is also taken into account. Most of the time, the surviving spouse and children get a bigger share of the settlement than distant relatives like the parents of an adult child. But if the couple isn’t together or there was never a legal or common law marriage, the law takes that into account when deciding how to split a wrongful death settlement.
What Do You Need To Do To File A Lawsuit In Texas For Wrongful Death?
To file a successful wrongful death lawsuit in Texas against another person or business, you need the following:
The death of your loved one was caused by another person or company’s negligence or intent to injure; and there are surviving family members who are suffering damages because of the death of the deceased person and are eligible to file a wrongful death claim.
How Do Houston Wrongful Death Attorneys Evaluate Cases?
As in most personal injury cases, attorneys evaluate cases in two broad categories of liability and damages. Both of these categories are needed for every case, including wrongful death cases. For liability, a lawyer must show that the opposing side was negligent and responsible for the death of your loved one. Regarding liability, your lawyer will conduct an investigation of the incident to determine how the incident happened and to determine how the deceased was injured. Additionally, regarding damages, the economic and non-economic damages discussed below are evaluated to determine what a court or jury may award.
Damages that can be claimed in a Wrongful Death Claim
In Texas, Wrongful Death Law Allows Victims To Get Many Types Of Compensation, Such As:
- Economic Claims for Wrongful Death Claims
Medical bills: Medical bills that were paid because of the accident and before death can be shown. In many cases of wrongful death, these medical bills can be very expensive. For example, these bills can be medical bills incurred at a hospital before someone passes away.
Funeral and burial: The costs of burying a loved one can be expensive and troubling for a family that is already upset about losing someone they depended on.
Lost income: Losing the financial help and income of a family member who has died can be a big problem. If the main breadwinner in a family dies, the rest of the family may be left with little or no money.
Loss of Services: For example, if a father who works and has children who depend on him files a wrongful death claim for his late wife, he may need help with childcare if his wife had those responsibilities.
- Non-economic Damages for Wrongful Death Claims
Pain and Suffering: The pain and suffering the family member went through after the accident can be taken into account, especially if they lived for a while after the accident. For example, a person may live in pain for many days or weeks before passing away.
Mental anguish: The mental pain and anguish that the deceased’s family and friends went through can also be shown.
Loss of companionship: Married spouses, but also children and parents who were robbed of a future with their loved one, can file a claim for loss of companionship of a deceased family member.
Loss of consortium: Spouses of people who have died can make a claim for loss of consortium. Loss of consortium refers to the love, companionship, and sexual relationship they had with the deceased spouse.
Loss of parenting advice and guidance from the victim: When a parent dies too soon, their children can file a claim for the loss of parenting advice and guidance.
Are Settlements For Wrongful Death In Texas Taxed?
In Texas, settlements for wrongful death are considered to be compensatory damages, which are not taxed. Families of people who died because of someone else’s wrongdoing will not have to pay taxes on a lump sum settlement. But if the lump sum goes into an annuity that pays out over time, the profit on the annuity payments may be taxable, just like the income from any other investment.
What You Need To Know About Survival Claims
Survival claims are brought by the heirs or personal representatives on behalf of the deceased for the damages incurred by the deceased. These survival claims and the damages belong to the estate of the deceased.
How Long Do I Have In Texas To File A Wrongful Death Claim?
In Texas, the statute of limitations state how long you have to file a claim for wrongful death. To be eligible, you have to file a lawsuit within a certain amount of time. In general, family members have two years from the date their loved one died to file a wrongful death lawsuit.
Many times, in wrongful death claims, insurance companies blame the deceased for the accident. In wrongful death claims, it is important to start the accident investigation as soon as possible to make sure that Justice is served!
Click here for a detailed explanation of how to evaluate fault and responsibility in a personal injury accident :