Houston Wrongful Death Attorneys

If you lost your loved one in an accident because of someone else’s negligent actions, you and your family might be entitled to financial compensation. The Houston personal injury attorneys of Design 9 can investigate your claim and determine whether we can represent you. We’ll review your legal options and advise you about the right strategy to hold the at-fault party liable so you can afford the expenses of your accident and move forward with your life.

Texas law defines wrongful death as a death caused by someone’s wrongful act, unskillfulness, neglect, default, or carelessness. If another person’s actions resulted in your loved one’s fatal injury, you could seek compensation through an insurance claim or lawsuit.

The Houston wrongful death attorneys of Design 9 understand the devastation you feel after losing a family member in a situation that could have been avoided. The negligent party could have prevented putting other people at risk of harm. When you hire us, we can advocate for your rights and help you fight for justice.

Call us at (555) 555-5555 for a free consultation and learn more about the services we offer.

Common Causes of Wrongful Death

Many situations could arise that result in someone’s fatal injury or immediate death. The victim can die at the scene of a car accident or develop a deadly disease from exposure to toxic chemicals at work. Human error is a common factor in many wrongful death cases. The mistakes people make could lead to injury or fatality.

For example, if a doctor knowingly uses unsterilized tools, the patient could develop an infection and die. A person who chooses to get in their car after drinking alcohol can crash into another person’s vehicle, killing the occupants. Some of the most common scenarios and causes of wrongful death are listed below.

Medical Malpractice

Medical malpractice results from a nurse, doctor, or another healthcare professional causing bodily injury or death to a patient. It’s typically due to a negligent act or omission. The most common mistakes made by medical providers are:

Prescribing the incorrect medication or dosage
Misdiagnosis or delayed diagnosis
Improper pre- and post-operative care
Using unsterilized medical tools
Implanting a defective device, such as a hip implant

Motor Vehicle Accidents

Driver error and inattention are common factors associated with fatal car crashes. According to the National Safety Council, 42,060 people died in motor vehicle accidents in 2020. That’s an 8% increase from the previous year.

The most common causes of fatal car accidents include:

Failure to yield the right of way
Speeding
Distracted driving
Tailgating
Disobeying traffic signs and signals
Defective vehicle parts
Fatigued driving
Driving under the influence of alcohol or drugs

Nursing Home Abuse

It’s upsetting to think about your loved one becoming the victim of abuse by a caregiver you trust. Unfortunately, elder abuse is common in the United States. Around one in 10 adults over 60 have been abused. Nursing home patients are particularly vulnerable because many are physically or mentally disabled. They can’t defend themselves or even remember what happened to them.

The most common reason for nursing home resident fatalities are:

Bedsores, infections, and sepsis
Malnutrition
Dehydration
Internal bleeding
Asphyxiation
Falls

Premises Liability

Business owners and homeowners are responsible for maintaining their properties in a way that helps to prevent accidents. If they don’t repair damage or remove hazards promptly, a guest could suffer a fatal fall or die in a fire. The most common causes of death on another person’s property are:

Slip/trip and fall
Poor lighting
Exposed electrical wiring
Malfunctioning elevator or escalator
Falling debris
Collapsed staircase or balcony
Negligent security guards

Workplace Accidents

Occupational hazards can exist in any job industry. It doesn’t matter if you’re a delivery driver, administrative assistant, or construction worker. South Texas has many oil fields, construction sites, and other dangerous working environments that increase the risks employees face.

The most common factors associated with work-related fatalities are:

Fires
Lack of safety gear
Exposure to toxic chemicals
Inadequate lighting
Electrocution
Fall from heights
Defective tools and equipment

Defective Products

Manufacturers and retailers must meet specific standards to ensure the products they provide to the public are safe for use. Unfortunately, defects during the design, manufacturing, or marketing phase can lead to severe injuries or death. The most common products that could result in consumer fatalities include:

Medications
Furniture
Children’s toys
Kitchen appliances
Motor vehicles

If you lost someone in any of these scenarios or some other act of negligence, you should contact Design 9, so we can review your case. We can investigate the incident and determine whether we can pursue compensation in a wrongful death lawsuit.

Determining If You Qualify for a Wrongful Death Case

Texas only allows specific individuals to file a wrongful death lawsuit. Not just anyone can pursue this type of case. Eligible relatives include:

Surviving spouse
Surviving adult children
Surviving parents

If any of these individuals don’t initiate a lawsuit within three months of the date of the deceased’s death, the executor or personal representative of the estate could file.

An adopted child could file a lawsuit if they lost their adoptive parent but can’t seek compensation for the death of their biological parent. Additionally, adoptive parents can seek compensation for the wrongful death of an adopted child. However, surviving siblings are not entitled to bring a wrongful death case following the death of their brother or sister.

Compensation Available in a Wrongful Death Lawsuit

In a wrongful death case, the financial award you receive should compensate surviving relatives and your loved one’s estate for the losses incurred from the fatal injury or accident.

The losses you can pursue are:

Mental and emotional pain and suffering
Lost earning capacity
Loss of companionship, society, love, and comfort
Lost inheritance, including what the deceased could have saved if they survived the accident
Loss of support, advice, maintenance, care, and counsel provided by the deceased

It might also be possible to seek exemplary damages. Instead of compensating you for your losses, these damages are a punishment against the defendant. You must provide clear and convincing evidence to the jury showing that the defendant caused your relative’s death by exhibiting acts of gross negligence, malice, or fraud.

Deadline to File a Wrongful Death Lawsuit in Texas

The specific timeframe for initiating a civil lawsuit in Texas is called a statute of limitations. This is a strict deadline you must follow if you want to hold the at-fault party liable for your loved one’s death in court. The statute of limitations is two years. That means you have two years from the date your family member died to sue. Once this period passes, you likely won’t have another opportunity to seek compensation.

Recovering After the Death of a Loved One

Knowing what to do following a relative’s death can cause significant stress. You’re trying to grieve but also want to hold the negligent party accountable for their actions. They shouldn’t get away with what they’ve done.

The things you do and say during the legal process could affect the outcome of your case. It’s crucial that you immediately hire a Houston wrongful death attorney. Design 9 has experience handling complex cases like this. We can file your claim and communicate with all opposing parties so you can focus on grieving.

Our legal team will use all the resources at our disposal during the accident investigation to gather evidence and determine who was at fault. The evidence we need will depend on the circumstances of your loved one’s death. Some examples include:

Police/incident report
Statements from eyewitnesses
Copies of medical records and medical bills associated with the fatal injury
Video surveillance
The estimated cost of damaged personal property from the accident

We might also need to request a copy of the at-fault party’s insurance policy. In certain situations, such as premises liability, the business owner should have liability coverage to compensate for the losses suffered if your loved one died on their property. It all depends on the circumstances of your case.

Contact Us

The Houston wrongful death attorneys of Design 9 offer free initial consultations. We can review the facts of your case and determine whether we can represent you. There’s no obligation to hire us after we meet with you. It’s your decision whether you want to retain our services and pursue a wrongful death lawsuit.

Customer service is important to us. Our legal team will make you and your case a priority. We provide personalized attention to every client from start to finish of the process. We will tirelessly work to determine who caused your loved one’s death and find the necessary evidence to try to prove it.

Design 9 has extensive experience and knowledge about state laws regarding wrongful death. You can depend on us to guide you through the claims procedure and advise you of the available options, so you can decide how you want to proceed. We will fight hard to help you hold the negligent party liable and seek the justice you deserve.

If you lost a loved one in an accident and want to seek compensation, do not hesitate to reach out to us. Our Houston wrongful death attorneys are ready to go to battle for you. We understand how devastating this experience has been and want to put you on a path to recovery. We will efficiently handle your case and work hard to reach a positive outcome. Call Design 9 for a free consultation at (555) 555-5555 today.