Wrongful Death Claim in Houston, Texas
Claim Your Due Damages
A death is always a tragedy. What makes it exponentially worse is when that tragedy was a result of negligence. While no amount of money will heal the wound left in the absence of a loved one, fair reparation can help those suffering from the financial fallout. Don’t try to deal with the damages by yourself. Get the restitution you need to cover costs and get out of debt.
Reparation for Relatives
The statutes of Texas require only a certain few to file a wrongful death claim. The decedent’s surviving spouse, children (even adult or adopted children) and parents are all eligible for this legal opportunity. Siblings and grandparents are not allowed to file a lawsuit.
The Four Factors
While every wrongful death claim is different, there are four elements that remain consistent. These factors must be included and proven in order for a case to be won, and reparation to be awarded to the surviving family of the deceased.
It is incumbent on the surviving members (and their legal representatives) to prove that there was negligence involved in the death of their loved one. Negligence can be defined as carelessness, recklessness or neglectful actions taken by the defending party.
Breach of Duty
In order to prove that the defendant is responsible for the wrongful death of the decedent, there must be a breach of duty. Examples of this include a doctor whose duty it is to see after their patient’s health or a driver whose duty it is to obey traffic laws. The plaintiff must prove the existence of legal obligation and show how it was violated.
After the breach of duty has been established, the plaintiff must prove how and why the negligent actions taken by the defendant were the cause of their loved one’s death.
Ultimately, this factor is the ultimate intention of the claim. The plaintiff and their representatives must show that the death of the victim has caused irrefutable damages, such as medical expenses, funeral costs and loss of potential income.
Our Experienced Representation
Our team at Jerome O. Fjeld & Associates PLLC understands that this an extremely difficult time for you and your family. We will walk you through each step of earning fair reparation for your loss. Let us help heal the wound by recovering the damages that are owed to you.