Wrongful Death Claims in Houston
A wrongful death claim may be filed by the family of someone killed in a traffic accident a person responsible for a person’s death and may be required to compensate surviving family members. This differs from criminal homicide as no prosecuting attorneys are involved, and imprisonment and probation are not punishments that the person responsible for the death would normally receive.
Specifically, a Houston accident injury attorney can help those affected receive compensation for lost earning capacity, mental and emotional anguish, pain and suffering, and lost love and companionship.
What is a “wrongful death” claim?
A wrongful death is defined as one that was the result of a wrongful act, neglect, carelessness, ineptitude, or default. This type of claim was created to allow for damages to still be awarded even though the primarily affected party is not able to be involved with the process or receive any benefits. One of the most famous wrongful death cases occurred in 1997, involving OJ Simpson and the deaths of Nicole Simpson and Ron Goldman.
In Texas, those who can file a wrongful death claim include the deceased person’s spouse, adult children, or parents. Adopted children and their parents can file this type of claim in relation to each other, while these individuals may not file a wrongful death claim in relation to their biological children or parents. This group of people can consult a Houston accident attorney and file a claim together, or they may file individual claims if they prefer. Once three months have elapsed since the wrongful death, a claim may be filed by a personal representative or executor of the deceased person’s estate if no surviving family member objects.
Vehicle accident lawyers often provide legal assistance because thousands of people die in Texas every year as a result of car, truck, and motorcycle crashes. In these situations, an at-fault driver or that person’s insurance company may be asked to pay compensation. This can also include reimbursement for medical bills that were incurred prior to the individual’s death.
In the case of auto accidents, insurance companies will go to great lengths in an attempt to remove blame from their client and avoid awarding any compensation. This is why it is important to contact a Houston auto accident lawyer to ensure that the person who caused the accident is held responsible for their actions. An experienced auto accident personal injury attorney will immediately start working on the related insurance and accident claims and help surviving family members avoid the stress of working directly with the at-fault driver’s insurance company. It is important to note that the statute of limitations for the filing of a wrongful death lawsuit in Texas is two years.
Having just experienced the loss of a loved one, the stress of dealing with insurance companies and the claims process can be a very draining and daunting chore, so contacting a DeSimone Law Office lawyer to represent your deceased family member and their survivors is the right thing to do.