Every incident that results in a personal injury creates many legal and personal problems for a victim. However, most injuries are temporary matters from which a person will eventually make a full recovery. Even the most severe examples of injuries that result in some form of permanent loss will usually allow the victim to enjoy life.
Unfortunately, the same cannot be said for incidents that result in the death of a loved one. These incidents will have a lasting impact on not just the decedent but also their families. It follows that the surviving family members have the ability to hold at-fault parties liable for their role in causing the death. These claims are called wrongful death lawsuits.
A Houston wrongful death lawyer could help the families of the recently deceased to pursue the compensation needed to bring them comfort. This involves identifying all possible defendants, measuring the effect of the death on family members, and demanding proper compensation under the laws of the state.
To schedule a consultation, reach out to a compassionate attorney who could sit with you and your family to discuss which options are available to you.
Recovering Damages in a Wrongful Death
According to Texas Civil Practice & Remedies Code §71.003, a plaintiff may bring a wrongful death claim only if the individual injured would have been entitled to bring an action for the injury if the individual had lived or had been born alive. In other words, a wrongful death lawsuit is appropriate if the subject of the act would have been able to bring a personal injury lawsuit against the defendant had they lived.
As a result, some common incidents that may give rise to a wrongful death claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accident
- Catastrophic workplace accident
- Pedestrian accidents
- Slips and falls or other injuries that are the result of defects in the property
- Defective product claims/product liability
- Intentional acts of violence
The fact that the incident resulted in death does nothing to change the fact that a negligent defendant is responsible for the consequences of their actions. If a victim of an incident dies, that defendant is liable to pay. A Houston wrongful death lawyer could help explain the legal basis for wrongful death lawsuits.