Losing a loved one is devastating, especially when it’s due to someone else’s negligence. Nothing can truly compensate you for your loss, but at JCJ Law Group, a wrongful death law firm in Houston, we fight like hell to make those responsible pay so you can focus on healing.
Common reasons for wrongful death:
Car accidents
Car accidents are a leading cause of wrongful death, often due to negligent drivers who speed, drive under the influence, or get distracted by their phones. Liability in these cases can extend beyond the driver at fault to their insurance company and even vehicle manufacturers if a defect, such as faulty brakes or airbags, contributed to the fatal accident. This can include trucking accidents, motorcycle accidents, and even bicycle accidents.
Medical malpractice
When doctors, nurses, or hospitals fail to provide the standard of care expected, the results can be fatal. Misdiagnosis, surgical errors, and improper treatment are common causes of wrongful death in medical settings. Liability can rest on individual healthcare providers, the institutions that employ them, and even pharmaceutical companies in cases involving medication errors.
Defective Products
Defective products, from malfunctioning car parts to unsafe household items, can lead to fatal injuries. Manufacturers, designers, and distributors can all be held liable for releasing unsafe products into the market. Whether it’s a car with faulty brakes or a household appliance with dangerous defects, our Houston wrongful death lawyers will hold large companies responsible for their negligence.
Workplace incidents
Employers and third-party contractors can often be held responsible for fatal workplace accidents due to unsafe conditions, inadequate training, or failure to follow safety regulations. This includes construction site accidents, machinery malfunctions, or exposure to hazardous materials. In some cases, equipment manufacturers might also share the blame.
Premises liability
Property owners and managers can be held liable for wrongful deaths occurring on their premises due to unsafe conditions. This includes slip and fall accidents, inadequate security leading to assaults, or failure to address hazardous conditions like faulty wiring or structural issues. We hold property owners or tenants responsible for their negligence.
Nursing home abuse
Nursing homes and their staff can be held liable for wrongful deaths resulting from abuse, neglect, or inadequate care. This includes failing to provide necessary medical treatment, poor supervision, or physical abuse by staff members. When vulnerable loved ones suffer and die due to such neglect, our wrongful death law firm in Houston will fight dirty to hold these facilities accountable for their actions.
Steps to take immediately after a wrongful death:
- Report the incident to the authorities (police, workplace supervisors, etc.) immediately.
- Preserve all medical records, accident reports, and any physical evidence from the scene.
- Document everything, including details of the incident, witness information, and any correspondence with involved parties.
- Avoid making any statements or signing any documents from insurance companies.
- Consult with our wrongful death attorney to understand your rights and legal options.
- Secure copies of the death certificate and any relevant medical and legal documents.
- Notify life insurance companies and begin the process of filing any claims.
- Contact JCJ Law Group, a wrongful death law firm in Houston, for a free consultation to discuss your case and explore options.
Steps we take to handle wrongful death claims in Houston:
- Investigate the circumstances surrounding the death and gather all necessary evidence.
- Identify all liable parties, including individuals, companies, and government entities.
- Communicate with insurers and ensure they understand the seriousness of the claim.
- Calculate the full extent of your losses, including medical expenses, funeral costs, lost income, and emotional suffering.
- File all necessary legal documents and wrongful death claims promptly and accurately.
- Negotiate aggressively for a fair settlement to secure the best possible outcome.
- Prepare for trial if necessary, developing a compelling case to present in court.
- Advocate for your rights and interests throughout the entire legal process.
Wrongful death FAQs
Who can file a wrongful death claim in Texas?
In Texas, the surviving spouse, children, and parents of the deceased have the right to file a wrongful death claim. If none of these individuals file a claim within three months of the death, the executor or personal representative of the deceased’s estate can file unless the family requests otherwise. Our team can help you determine your eligibility.
What compensation can we recover from a wrongful death claim?
Compensation in a wrongful death claim can cover a range of losses, including:
- Medical expenses incurred before the death
- Funeral and burial costs
- Lost income and future earnings
- Loss of companionship and support
- Pain and suffering endured by the deceased before death
- Mental anguish suffered by the family
Each case is unique, and the specific damages will depend on the circumstances surrounding the death and the impact on the surviving family members. Our wrongful death law firm in Houston will help guide you through the compensation process for your unique case.
How long do I have to file a wrongful death claim in Texas?
In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. However, certain exceptions and circumstances could alter this timeframe. Please consult our attorney promptly to avoid missing any deadlines.
What if I can't afford a lawyer for my wrongful death claim?
At JCJ Law Group, we work on a contingency fee basis for wrongful death cases. This means you don’t pay any upfront fees or out-of-pocket expenses. We only get paid if we win your case and secure compensation for you. Remember, getting 70% of something beats getting 100% of nothing, so contact our wrongful death law firm in Houston for a free consultation without delay.
How do we prove negligence in a wrongful death case?
To prove negligence in a wrongful death case, we must establish that:
- The defendant owed a duty of care to the deceased.
- The defendant breached that duty of care through their actions or inactions.
- The breach directly caused the death.
- The death resulted in damages to the surviving family members.
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