No one wants to be involved in a wrongful death lawsuit but it happens. Every two minutes, for instance, there is a motor vehicle accident involving a driver who is driving under the influence of drugs or alcohol. These accidents result in injuries or fatalities. By the tome a person has been arrested for driving while impaired, they have done this at least 80 times. Nearly 300,000 people take to the roads after doing drugs or drinking alcohol every day but only 4,000 are arrested. If a loved one of yours has died as a result of one of these accidents? You may have a cause for hiring a wrongful death lawyer Houston.
Make sure you are the right person to file the lawsuit.
The people who are legally allowed to file a wrongful death lawsuit is limited. The only people who the court will deem to have enough “standing” (the ability to show a connection to and harm from a situation) to sue someone for the wrongful death of someone are that person’s immediate family or someone who has been appointed to be the legal representative of the person who died. This representative is the person assigned to manage the person’s estate. The immediate family includes a spouse or domestic partner, children or grandchildren (only if the children have died).
Keep all the documentation that you can that supports a wrongful death lawsuit.
Your wrongful death lawyer Houston will want and need access to any documentation you have to prove the damages that have been suffered.
- There are a number of damages that can be recovered when there is a wrongful death. The damages that can be recovered include the loss of the following:
- Financial support
- Future earning potential
- Parental guidance
- Companionship
- Inheritance
- Pain and suffering
- The other damages that can be recovered are medical and funeral expenses.
Support your claims for damages as much as you possibly can with documentation. For example, the deceased’s salary and age can be proved by their pay stubs, a contract and tax returns and the person’s birth and death certificates.
For children who are the basis of a wrongful death lawsuit, the wrongful death lawyer Houston will be able to calculate the damages based on the child’s age, health and their earning potential.
Remember, there is a deadline for wrongful death lawsuits.
You do not have forever to have your wrongful death lawyer Houston file your lawsuit. Every state has its own statute of limitations for wrongful death lawsuits. There are also different ways this is calculated. For some states, the clock starts counting down when the person dies. In other parts of the country, they start it when the cause of death has been determined. In the case of medical malpractice, it starts when the injury occurs. Basically, the bottom line is that if you suspect wrongdoing when someone close to you dies, you should not wait to talk to a wrongful death lawyer Houston. The sooner you get the ball rolling on your lawsuit, the better.
Was the death one that can qualify as a wrongful death?
Not all deaths can result in a wrongful death lawsuit. If someone dies because of someone else’s intentionally harmful actions or negligence, it may very well be something you can sue over. Most often, wrongful death lawsuits come as a result of nursing home abuse and/or neglect, medical malpractice, airplane accidents and occupational exposure to dangerous conditions and substances or materials.
Hire the right kind of lawyer.
You need a wrongful death lawyer Houston. This is not the time to talk to your brother’s divorce lawyer. There are a few kinds of lawyers who may be able to help along the way. You have Texas plant explosion lawyers, for instance, if that is what happened to your family member. You can also consult a work injury attorney Houston, a Houston truck accident lawyer or an accident lawyer Houston.
Wrongful death lawsuits are one kind of lawsuit no one ever wants to file or thinks they will have to file. It can be a very painful experience so taking care of yourself through the process is very important. Make sure you have a good support network to help you through the process.
