Losing a loved one is never easy. When the loss was caused by the actions of another person, such as a deadly truck or car accident, it may be possible for the victim’s next of kin to pursue compensation in a wrongful death lawsuit.
The intent of a wrongful death claim is to hold the liable party responsible for their actions. These cases are filed in civil court and can provide the victim’s family an opportunity to obtain compensation for monetary damages they’ve suffered following the loss of a family member of loved one.
A qualified personal injury attorney in Houston at West Loop Law and the Law Office of Nhan Nguyen, MD, JD can help you determine your legal options and understand the complexities of Texas wrongful death claims.
Factors in a Wrongful Death Case
There are four factors that must be present in order to seek compensation in a wrongful death lawsuit in Texas:
- Negligence —The surviving members or their legal representatives must show that the death of their loved one was fully or partially the result of the recklessness, carelessness, or negligent actions of the defending party.
- Breach of Duty — For a successful case, it must be shown that the defendant in a wrongful death lawsuit owed a duty to the deceased victim. It is the responsibility of the plaintiff to establish how the defendant’s duty existed, and that the duty was breached through their negligent actions.
- Causation — In addition to proving how the duty of the defendant to the deceased was breached, the plaintiff must also prove how the defendant’s negligence contributed to the death of their loved one.
- Damages — The death of the victim must have resulted in quantifiable damages, like hospitalization, medical expenses, funeral and burial costs, loss of income and potential earnings, loss of protection, guidance and inheritance, along with pain and suffering of the victim prior to death.
There are many factors involved in a wrongful death case, so it is best to have an attorney in your corner. Nhan Nguyen, MD, JD and Nader Rabie, JD are familiar with these cases and are ready to fight for the compensation you deserve.
The Differences Between Personal Injury and Wrongful Death Claims
Personal injury and wrongful death cases have one thing in common: they occur when the negligent, reckless, or intentional actions of another person caused one to suffer harm. Whatever the particular circumstances of the claim, both cases involve some form of negligence. However, other than that shared factor, these claims are very distinct, and potential plaintiffs should be aware of their differences before attempting to file either type of claim.
A personal injury claim is filed by the party who suffered the injury attributed to the liable party, and in this type of claim, the victim may be entitled to recover compensation for various damages, including:
- Medical expenses
- Lost past and future wages
- Pain and suffering
- Punitive damages
The plaintiff seeking the claim must be able to prove negligent actions on behalf of the person alleged of causing the injury, and the amount of compensation rests on how severe the injuries were.
However, a wrongful death claim is filed by the survivors of the victim and is filed against the person who is believe to be liable for the death. These types of cases seek compensation for:
- Medical expenses
- Funeral benefits
- Loss of future earnings
- Financial support (including educational assistance)
- Loss of care, comfort, and companionship
Personal Injury Lawyers in Houston
No other pain comes near the loss of a loved one. When dealing with the grief associated with a sudden death, you may not immediately consider your rights to compensation. If another party had a role in the death of your family member or loved one, contact a Houston wrongful death lawyer to discuss your case.
West Loop Law and the Law Office of Nhan Nguyen, MD, JD stands apart from other law firms in that we truly care about and make the effort to connect with our clients. Our legal team will work hard to make sure your legal right to compensation is protected following a wrongful death.
If you’ve unfairly lost a family member due to the actions of another person, call us today at 713-840-7200 to discuss your case during a free, no-obligation consultation.
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