Houston, Texas Wrongful Death Lawyer

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A Brief Summary of the Following Page

  • Claim Criteria: In Texas, wrongful death claims require proving that the death resulted from another’s negligence or misconduct, filed by immediate family like spouses, children, or parents, showing a breach of duty directly causing the death and measurable damages.
  • Proving Negligence: Establishing fault in these cases involves demonstrating the medical provider’s duty and breach of care, requiring substantial evidence like medical records and testimonies, often challenging due to its complexity.
  • Eligibility: The right to file a wrongful death claim in Texas generally lies with immediate family members. It necessitates showing negligence or misconduct leading to death, involving detailed evidence collection.
  • To start the process today with a free case evaluation, please give us a call at (888) 522-9444 or fill out our contact form.

According to the Institute of Medicine of the National Academy of Sciences, medical errors cause anywhere between 45,000 and 98,000 deaths every single year. This is a staggering number, and it’s unacceptable. Wrongful death is a sensitive topic that requires the assistance of a knowledgeable and compassionate Houston wrongful death attorney. With a lawyer’s help, you can begin taking the necessary steps to get your family members the justice they are so rightfully entitled to. 

If your family member lost their life as a result of a medical error, you can turn to an experienced Houston, Texas wrongful death lawyer from Davis & Davis to fight for the justice and financial compensation you and your family deserve. 

What Constitutes a Wrongful Death Claim?

In Texas, a wrongful death claim arises when an individual dies due to the negligence or misconduct of another party. This type of claim is typically filed by the immediate family members of the deceased, such as spouses, children, or parents. To establish a wrongful death claim, it must be shown that the responsible party had a duty to the deceased, that this duty was breached through negligence or wrongdoing, and that this breach directly caused the death. Additionally, the claim must demonstrate that the surviving family members have suffered measurable damages as a result of the death.

Wrongful deaths are an unfortunately high occurrence in the world of medical malpractice. When your family member has wrongfully passed away after an injury due to the carelessness of a trusted medical professional, Davis & Davis is here to review your case and immediately get to work fighting for your rights. 

Proving Negligence in Houston Wrongful Death Claim

There are various ways in which an act of medical malpractice can result in the untimely death of an individual. Some of the most common causes of medical malpractice deaths are as follows:

When it comes to proving negligence and establishing the at-fault party as liable, your Houston wrongful death attorney will immediately begin an investigation into the circumstances surrounding the wrongful death of your family member. This involves gathering and assessing any relevant evidence, including detailed medical records, documented photographs, and professional medical testimony. 

Using the collected information, your Houston wrongful death attorney will be able to prove negligence has occurred through the four following components: expected duty of care, breach of care, causation or link, and the resulting injuries and ultimate passing. This means the medical provider owed your family member the duty of correct medical care and their reckless actions directly resulted in their untimely death.

Who Is Eligible to Pursue a Wrongful Death Claim in Houston?

In the tragic event of a wrongful death due to medical malpractice in Texas, it is vital to understand who is eligible to pursue a wrongful death claim. This pursuit of justice is typically initiated by the immediate family members of the deceased. According to Texas law, these family members can include spouses, children, and parents who are directly affected by the loss. They are entitled to seek compensation for their immeasurable loss, a process that requires navigating complex legal waters.

The pursuit of a wrongful death claim involves more than just establishing a familial relationship with the deceased. It requires a thorough demonstration of negligence or misconduct that led to the death. This necessitates gathering concrete evidence, such as medical records, witness statements, and expert testimonies, to establish the at-fault party’s liability. 

The legal process, combined with confusion on who exactly is eligible to file a claim on behalf of the victim, underscores the need for the expertise of a Houston, TX wrongful death lawyer such as one from Davis & Davis. We can guide your family through these challenging times, ensuring that justice is served and compensation for your loss is obtained. 

Importance of Hiring a Houston, Texas Wrongful Death Lawyer

Don’t try to handle the aftermath of a wrongful death claim alone. While you focus on spending time with surviving family and friends, let a dedicated Houston wrongful death attorney handle the hard parts of the case and get you one step closer to the compensation and justice your family deserves. This may include, but is not limited to, the following: 

Recovering Adequate Compensation

Using the collected evidence to prove your loved one lost their life as a result of medical malpractice or negligence, we can work to ensure you receive economic and non-economic compensation for the following:

  • Funeral expenses
  • The cost of medical treatment your loved one received prior to their death
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • Cost of lost wages that your loved one would have contributed

It can feel overwhelming to try to assign a financial number on pain and suffering, but the team of  wrongful death lawyers at Davis & Davis is here to help estimate an appropriate number to adequately cover the extent of your losses. We understand that sometimes financial compensation is one of the only viable routes to a fresh start, and that’s one of the reasons we fight so diligently for you. 

Filing a Claim

Making the decision to file a claim for financial justice and compensation can be difficult, as you may feel like it is not your decision to make. For clients navigating these complex emotions, Davis & Davis offers the following advice: if you believe your family member would have filed a personal injury claim had they not passed away from their injuries, then it is generally a good rule of thumb to file for a wrongful death claim. 

The current statute of limitations for wrongful death claims in Texas is two years. This means that typically, you will have two years from the date the medical error occurred to recover compensation on behalf of your loved one. There are exceptions to this rule, which your Houston, Texas wrongful death attorney can help you discuss if you have missed the deadline for filing. Our team can also help establish who is able to file a claim on behalf of the wrongful death victim. Of the surviving family, it is normally up to the individual identified as the personal representative in the last will and testament. 

Common Challenges in Wrongful Death Claims

In wrongful death cases, families often encounter significant challenges. One primary obstacle is proving fault, which involves demonstrating the death was a direct result of negligence or malpractice. This requires gathering substantial evidence, such as medical records and expert testimonies, which can be complex and time-consuming. 

Additionally, dealing with insurance companies presents another hurdle. These companies often aim to minimize payouts, leading to negotiations that require skilled legal support. Families must navigate these complexities while coping with their loss, making the role of an experienced wrongful death attorney crucial in advocating for their rights and fair compensation.

Contact a Houston, Texas Wrongful Death Lawyer Today

If your family member was fatally harmed because of a negligent medical professional or other party, contact a Houston, Texas wrongful death lawyer from Davis & Davis today. We are ready to fight for the outcome you and your family deserve with the compassion and knowledge necessary to win. Our people-first approach to the world of personal injury and wrongful death means you have access to support throughout the entirety of the process, all the way from the initial consultation to the final settlement. 

To start the process today with a free case evaluation, please give us a call at (888) 522-9444 or fill out our contact form.