PRACTICE AREAS

Proving Wrongful Death

In order for people to be successful with their wrongful death lawsuits in Houston, they will have to prove numerous things:

First, family members must be able to prove that the responsible third-party was negligent. The third-party may be another person, company or entity. Negligence is the primary factor in all wrongful death actions. If family members hope to be successful with their wrongful death claim, they will have to demonstrate by a preponderance of the evidence that other party was negligent.

Second, family members must prove that the third party's negligence was the proximate cause of the family members death. In the state of Texas, people are negligent when they fail to exercise an expected standard of care that a normal person would exercise in the same given situation. If the third-party acted in a way that can be construed as negligent, they may be held liable for the death and be subjected to criminal and/or civil legal action.

Finally, family members must prove that because of the loss of their loved one, they have suffered damages. These damages may be financial or emotional in nature. For example, family members may sue for loss of companionship and guidance.  They may also sue for the deceased’s medical expenses, funeral fees and loss of support as well as their own personal pain and suffering and mental anguish.  If family members are successful with their wrongful death action, they may also receive punitive damages, if warranted by the facts of the case.

Filing a Wrongful Death Lawsuit

Before families decide to exercise their right to file a wrongful death lawsuit in Houston, Harris County, Texas, it is important that they meet basic eligibility requirements.  For example, the person filing the lawsuit should be the family member suffering the loss.  If the family member is a child suing for the loss of his or her father or mother, then a surviving parent or other appropriate adult may bring a lawsuit as next friend of the minor.

Are you thinking about filing a wrongful death action because you suffered emotional and financial damages after the death of a close family member? A Houston wrongful death lawyer from Joel A. Gordon & Associates can help you get the compensation you deserve for your claim. Our law office has been handling wrongful death claims in Texas since 1993 and is more than equipped to represent you during this difficult time. If you are ready to speak with a legal professional that has years of experience and who understands your situation, contact our firm today to schedule a free case evaluation.

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If you and/or a family member have suffered serious or fatal injuries due to an accident, you and/or the family member may be eligible to file a claim. However, persons seeking to preserve any potential legal claims should contact an attorney promptly because Texas has mandatory time periods ("Statute of Limitations") in which a lawsuit must be filed.