It is never easy to say goodbye to a loved one or a spouse, but the grief that comes from doing so as a result of an accident or the negligence of another person is magnified.
If the negligence or wrongdoing of another party contributed to the loss of a loved one, you may be entitled to financial compensation via the filing of a wrongful death case.
If you need assistance filing a claim, you should speak with a Houston wrongful death attorney.
The word “wrongful” refers to a situation in which someone dies as a result of another person’s negligence or the carelessness of an organization or an individual. The provision of insufficient or delayed medical care, as well as the sale and use of faulty goods, are key contributors to deaths that might have been avoided. In order to file a claim for wrongful death in Houston, the plaintiff is required to provide evidence that the defendant was negligent and that the accident could have been avoided if the defendant had exercised reasonable care.
WHO IS ALLOWED TO FILE A LAWSUIT IN THE STATE OF TEXAS FOR AN ILLEGAL DEATH?
In the state of Texas, a wrongful death lawsuit may be brought on behalf of the dead by the deceased person’s surviving spouse, children, or even the deceased person’s parents.
In most cases, a member of the family or another representative of the estate is the one who initiates legal action on behalf of the parties who were wronged.
CAUSES OF DEATH THAT SHOULD NOT HAVE OCCURRED IN TEXAS
The following categories represent the most common types of incidents that result in unintentional deaths:
Accidents are caused by cars (including distraction and drunk driving)
Responsibility for the property
collision with an 18-wheeler
Occupational accidents Accidents that take place in the marine or offshore industries
Products that are faulty or hazardous in some way (exposure exposure to asbestos that leads to Mesothelioma or Cancer)
Inappropriate Medical Care
A claim for accidental death is pursued with the purposes of identifying the guilty person and bringing justice to those who have suffered a loss via the pursuit of compensation for their suffering. These goals may be accomplished by the pursuit of compensation for their suffering. If you or someone you love passed away as a result of the negligent actions of another person, you should get in touch with Houston attorney Charles J. Argento, who specializes in wrongful deaths, at (713) 766-4727 to find out what we can do to assist you in safeguarding your legal rights and obtaining the monetary compensation you are entitled to receive.
IN HOUSTON, EVIDENCE OF NEGLIGENCE IN RELATION TO AN INACCURATE DEATH CLAIM
Although there is a vast number of possible causes and situations that could result in a wrongful death lawsuit, the following aspects must be clearly defined prior to filing a claim for damages: who was responsible for the death; who was responsible for the injuries that resulted from the death; and how much the damages should be.
1. An obligation to care ought to be evidence sufficient to prove in court that the responsible party behaved irresponsibly at the time of the incident and did not comply with safety standards. This can be done by demonstrating that the responsible party was aware of the safety standards and failed to meet them.
This can be the case for property owners, vehicle operators, physicians, workplace supervisors, and product manufacturers who were not adhering to established standards, which resulted in a fatal accident that could have been avoided. In addition, this can be the case when the accident was caused by a product that was not manufactured properly. Instances when these people were to blame for an accident are also listed in this group of circumstances.
For instance, drivers have a responsibility to take care of other persons on the road and are supposed to conduct themselves in line with the rules and standards that a reasonable person would be expected to uphold under the given conditions.
This indicates that it is their responsibility to drive at an appropriate pace and to steer clear of any potentially hazardous or unexpected moves. On the other hand, it may imply that they are responsible for ensuring that the vehicle is kept in a safe state at all times by checking that the braking system is in excellent working order and that the tires have an acceptable amount of wear on them.
2. a breach of the duty of care In order to be held accountable for the accident, it is necessary to provide evidence that the person who is responsible for the accident breached the legal duty of care that the perpetrator was competent to observe.
This may be the result of a violation of the safety rules for traffic, circumstances in the workplace or on the property that do not live up to the standard, defective goods, or errors made by health experts. Additionally, this may be the result of a breach of the safety rules for property.
For instance, a physician who is obligated to provide medical attention to a specific patient may break this obligation by, for example, failing to investigate all of the possible diagnoses in light of the patient’s symptoms or failing to adhere to the standard and most effective techniques for treating wounds after a procedure. Another example would be a physician who is obligated to provide medical attention to more than one patient but fails to provide medical attention to all of their patients.
3. Causation: Not only should the evidence demonstrate that the negligent person was in breach of the law or was reckless, but it also has to be obvious that the negligent behavior directly led to the death of an individual. This is the third and last step in the process. This is the third and last component of an argument based on negligence.
It is required to show a direct relationship between the negligent conduct that produced the accident and the death that resulted in order to be able to submit a claim for compensation on behalf of family members who survived the accident. This may be done on behalf of the deceased family member.
For instance, if a doctor breaches their duty to treat a patient by failing to investigate the possibility of multiple diagnoses for that patient, but the patient ultimately passes away as a result of an infection that they acquired while they were in the hospital, then the breach of duty committed by the doctor is not the only cause of the patient’s death. This is because the infection was acquired while the patient was in the hospital.
On the other hand, if the nurse who was in charge of the patient’s care acted in a way that was negligent and caused the patient to become infected — for instance, by not properly washing their hands between patients — then the breach of duty committed by that nurse could be considered the primary cause of that patient’s passing. For example:
The most appropriate line of action to take in this specific circumstance would be to file a claim for wrongful death against the nurse, rather than the attending physician or the medical facility itself.
The significance of retaining the services of a wrongful death attorney in Houston is emphasized here.
An experienced wrongful death attorney in Houston can connect with financial institutions, insurance firms, and other corporations that may not voluntarily engage with non-lawyer attorneys. This can be beneficial in the event that the client is seeking compensation for their loved one’s death.
To put it another way, when approached by legal agents, people and companies engaged in legal proceedings will offer replies that are timely and accurate.
You may start the process of conducting an inquiry into the wrongful death of a loved one by calling a Houston lawyer at (713) 764-4727 and having a conversation with them about the incident. This investigation will be carried out in order to gather the necessary evidence in order to seek the highest possible amount of compensation for you and your family as a consequence of the loss you have sustained.
An experienced and well-informed attorney in Houston who specializes in wrongful death cases will gather all of the necessary information, walk you and your loved ones through the challenging legal process, and give you information and guidance regarding your legal options and rights. This attorney will focus on representing people whose loved ones have died as a result of the negligence of another party.
DAMAGES RECOVERED IN WRONGFUL DEATH CASES
When determining the amount of damages to be awarded in instances involving wrongful deaths, the courts take into account a range of variables, some of which are listed below: These factors are as follows:
Funeral & Burial Expenses
Lost Benefits (including Retirement, Pension, Medical or Health Insurance Coverage)
Earnings That Were Lost
Anguish, both mental and emotional, Resulting from Medical Bills Left Behind by the Deceased
The law protects victims against a variety of losses, one of which is the conclusion reached by the courts after using a convoluted mathematical formula to determine the monetary value of a wrongful death claim.
The algorithm takes into account the dead person’s potential for generating income as well as their prior life expectancy, in addition to a great number of additional factors that are unique to each person.
In the event that there are many beneficiaries, the profits will be split among them evenly.
WRONGFUL DEATH BY NEGLIGENT
In the state of Texas, unusual damages are a possibility and may be recovered in the event that an unjustifiable death happens as a result of an honest person’s reckless or negligent behavior.
Exemplary damages are sometimes referred to as “punitive damage” in certain circles.
This procedure is intended to ensure that the individual who was mistreated receives justice while simultaneously holding the guilty party accountable for their flagrantly irresponsible action and imposing a penalty on the offender.
ALSO FOCUSING ON THE FOLLOWING PRACTICE AREAS AT CHARLES J. ARGENTO & ASSOCIATES, OUR LAW FIRM IN HOUSTON, TX, CHARLES J. ARGENTO & ASSOCIATES,
Products That Caused Automobile Crashes
Medical Device Lawsuit
Drunk Driving Accidents
Accidents on the Job
Dog Bite Premises Liability
Motorcycle Accident Pedestrian Accidents
CPAP & BiPAP Injury
COMPASSIONATE AND AGGRESSIVE REPRESENTATION BY HOUSTON’S WRONGFUL DEATH ATTORNEY Regarding the Injury Caused by a Paragard IUD in a Highway Accident
Our Houston attorney for wrongful death has more than 30 years of experience representing victims of accidental deaths in cases and wrongful death cases. Our attorney for wrongful death in Houston works tirelessly to determine the real reason behind the passing of your loved ones, so that you and your family can receive compensation for the emotional and financial loss that you have endured.
Although there is no amount that can bring a loved one back, the funds could help alleviate the financial strain that comes with the loss of a wage earner or pay for high medical bills at the end of life. This enables you to focus on recovering and rebuilding your lives rather than worrying about how you’ll make enough money to make ends meet.