Wrongful death is the death of another person due to the negligence of someone else. This can include truck or car accidents, defective products, slip and falls, drunk driving, workplace accidents, or even murder. A Texas wrongful death attorney can help families to be compensated for the loss of future income of the deceased and the loss of companionship. When it comes to wrongful death, no one wants to experience this in their family.
However if you have unfortunately lost a loved one due to a wrongful death situation in Houston or the surrounding communities, then it’s time to call Maverick Ray & Associates for help. We have helped countless families in Houston who were suffering from the loss of their loved one to get the fair compensation that they deserve for their loss. We know that there is really no amount of money that can truly replace a loved one. However, we do understand how important it is to be able to take care of finances after a sudden loss. Our team of wrongful death attorneys works hard to protect our clients’ rights throughout the entire legal process.
When it comes to the law and wrongful death; the surviving spouse, children, or parents have just three months in order to file a wrongful death claim. If they don’t, the executor of an estate or a personal representation can file a claim instead. Damages in these types of cases can include future income lost, medical treatment/bills, emotional suffering, personal loss, pain and suffering as well as funeral or burial expenses. When damages are awarded in a wrongful death claim in Texas, they are divided among the surviving family members in proportion to the injury that they suffered as a result of this tragic and sudden death. This is determined by the court.
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When you retain expert legal counsel from Maverick Ray & Associates, you will receive the compassionate representation that you need and deserve during this difficult time in your life. Our legal time takes on the burden of managing your claim and negotiating with insurance companies on your behalf so you can concentrate on more important things during your grieving process. We keep you informed of all updates pertaining to your lawsuit in Pasadena, Texas.
When it comes to wrongful death lawsuits, a lawyer must prove several things including that someone died, the death was caused by someone’s intent to cause harm or due to negligence, a personal representative of the estate has been appointed already, and that surviving family members have suffered monetarily because of the death. If you have any questions about the legal process or simply want to discuss the details of your case, contact our law office today at 281-324-8970. We at Maverick Ray & Associates can’t wait to serve you.A wrongful death lawyer fights to help the families get justice after a loved one is wrongfully taken from them by another person’s negligence. If your spouse, parent, or child has been killed and you suspect that their death was the unnecessary consequence of someone else’s negligence, consult a
At Simmons and Fletcher, P.C., Injury and Accident Lawyers for a free consultation to determine your rights. Call 800-298-0001 today. Our personal injury lawyers helped the heirs and loved ones of victims of numerous wrongful deaths uncover the truth about their death and obtain a recovery to help offset the past and future costs associated with their loss.
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Is a claim brought against a person or corporation that has negligently caused the death of a person. It can involve any type of negligent conduct from misuse of a motor vehicle to on-the-job accidents to dog attacks. Certain heirs, relatives, and representatives have a right under the law to bring a claim against the negligent individual.
Hiring a Houston wrongful death attorney after someone has negligently caused the death of a loved one can not only help provide compensation for the loss and for future needs, but it can also provide closure for the family. Often the biggest question is “why?” Furthermore, bringing a wrongful death lawsuit is a means by which a negligent corporate actor can be taught a lesson so as not to injure others in the future.
Parents, children, and surviving spouses have the right to bring a claim for wrongful death in Texas. A three-month window exists under the Texas Wrongful Death Statute wherein only surviving children, parents, and spouses can file a wrongful death suit following a loved one’s death in Texas. If after the three months is up, none of the above persons have filed a wrongful death in the decedent’s name, the executor of the estate (who may be an unfamiliar appointee of the Courts) can then file a suit on behalf of the beneficiaries (spouse, children, and dependents). Additionally, the decedent’s estate has the right to bring a survival cause of action for the personal suffering of the decedent. Consulting an
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Brothers, sisters, aunts, uncles, cousins, and former spouses of the deceased are not granted a cause of action by the Texas Wrongful Death Statute. (Siblings are granted a cause of action under some other State’s wrongful death statutes.) Under Texas common law, there was no claim for the wrongful death of another. Thus, those not specifically given rights under the statute have none. However, some of these persons may qualify as heirs to the estate for purposes of survival action. Our Houston wrongful death attorneys can help you understand this further.
The parents of an unborn child are specifically included under the protection of the wrongful death statute and thus, may bring an action for an unborn fetus that dies or fails to be born due to the negligence of another. It does not, however, allow anyone to bring a claim against the mother of the unborn child or against a physician under the following circumstances:
1) if the death is the intended result of a lawful medical procedure performed by the physician or health care provider with the requisite consent;
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2) a person who dispenses or administers a drug in accordance with the law, if the death is the result of the dispensation or administration of the drug; or
3) a physician or other health care provider licensed in this state, if the death directly or indirectly is caused by, associated with, arises out of, or relates to a lawful medical or health care practice or procedure of the physician or the health care provider.
The exclusions 1-3 above prevent lawsuits for fetus deaths caused by legally obtained abortions against the mother of the child or the doctor.
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Claims for unborn children may be brought when a pregnant mother is in an accident, whether it be a truck accident, car accident, slip and fall accident, or medical malpractice. The right to bring the wrongful death claim belongs to the fetus’ mother and father alone.
There are two deadlines to be aware of. Texas Law gives the surviving spouse, children, and parents of a wrongful death victim, a three-month window in which to bring a cause of action against those who are responsible for the accidental death. During this period, they and they alone have the right to bring a lawsuit. After the three-month window, the executor of the estate may bring the claim.
Second, a two-year statute of limitations begins to run from the date of the wrongful death. A lawsuit must be filed by some of the beneficiaries or the estate during this time or the cause of action is forever lost. The surviving spouse, children, parents, and the estate all have a right to file a wrongful death lawsuit from the 90th day after the death up until the two-year statute of limitations runs.
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There exists a wide array of damages that may be sought in a wrongful death claim. Wrongful death beneficiaries may seek all the damages of a normal personal injury lawsuit plus damages to the estate, the familial relationship, and directly to the immediate family members.
Additionally, you are entitled to seek punitive/exemplary damages if the wrongful death is caused by the willful act or omission or the gross negligence of the defendant.
A wrongful death attorney can be retained on a contingency fee contract so that it costs you nothing unless the attorney wins your case. Call Simmons and Fletcher, P.C. for a free consultation to learn more at 1-800-298-0111.
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At Simmons and Fletcher, P.C., Injury & Accident Lawyers, we understand that the loss of a loved one is catastrophic. We have been helping families and estates of victims recover from the loss of loved ones since 1979 and we would be honored if you give us the opportunity to represent you. Our
Travel across the State of Texas to handle these types of claims and we have even sought and obtained court permission to represent wrongful death victims in other states on some occasions.
Our office is in Houston, Texas, next to Memorial City Mall. We are conveniently located near both Houston and Katy, Texas. Give us a call and let us explain your rights to you. The initial consultation is always free and you don’t
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