Fatal Accidents & Wrongful Death Cases in Houston | How a Texas Attorney Can Help

The unexpected loss of a loved one due to someone else’s negligence is one of the most painful experiences a family can face. When the death results from a preventable accident, the grief is compounded by a sense of injustice. A wrongful death claim allows survivors in Houston, Texas, to seek compensation and justice for their loss and begin moving forward with their lives.

The Houston wrongful death attorneys at Carabin Shaw understand the emotional and financial toll a fatal accident takes on surviving family members. We help survivors seek compensation through a wrongful death claim against the responsible parties. We are available 24/7 and provide free consultations in English or Spanish. Call us toll-free today at 1-800-862-1260.

Fatalities can occur in various types of accidents, including:

• Motor vehicle crashes
• Construction site mishaps
• Slip and falls
• Oil and gas drilling incidents
• Defective products
• Medical malpractice

No matter what type of accident took the life of your family member, your attorney will investigate the incident to determine the cause and who was at fault to hold them liable for your losses.

Texas law restricts who can file a wrongful death claim to these surviving parties:

• A spouse
• Children
• Parents

The personal representative of the estate may also file a claim if no eligible family member does so within three months of the death. However, the personal representative is prohibited from doing so if any eligible family member requests that the representative not file.

A wrongful death lawyer in Houston TX can help survivors understand who can file a wrongful death claim and the damages they may seek.

A wrongful death claim seeks damages for the survivors’ losses, such as loss of support or companionship. A survival action compensates for the damages the victim may have suffered before their death. If your family member was injured and hospitalized before their death, a survival action seeks compensation for medical bills and pain the victim experienced during that time.

A survival action can be filed only by the personal representative of the estate. Damages go directly to the decedent’s estate, to be divided among the heirs. Your lawyer can help you file a wrongful death claim, a survival action, or both simultaneously.

A wrongful death claim requires your attorney to demonstrate that the at-fault party’s negligence led to the deceased’s death. Negligence requires proof of these elements:

• You must show that the at-fault party owed the deceased a duty of care.
• Your lawyer must show that the party in question breached their duty.
• You must link the breach directly to the accident and your loved one’s death.

For example, if your family member died in a traffic accident, you must show that the at-fault motorist was driving recklessly or violating traffic laws at the time of the crash. If the accident occurred at someone else’s property, you must demonstrate that the property owner failed to make necessary repairs or provide proper warning of hazards.

Surviving family members may seek the following damages in a wrongful death claim:

• Medical bills
• Funeral and burial costs
• Loss of the deceased’s income
• Loss of inheritance
• Mental and emotional anguish
• Loss of care and support
• Loss of companionship and comfort

In cases where extreme recklessness or malicious behavior led to the death, punitive damages may also apply. These damages are awarded by a judge or court, and are meant to punish the at-fault party and discourage similar actions in the future.

The aftermath of losing someone you love is not a time to attempt to navigate the legal system alone. You need time to grieve your loss, while experienced professionals pursue justice and compensation on your behalf. At Carabin Shaw, we offer our services on a contingency-fee basis, so you pay no money until we win your case. Check our law firm’s client reviews to see how we’ve helped other survivors in similar situations.

Get the expert legal guidance you need now. Call Carabin Shaw toll-free at 1-800-862-1260.

For more information:

• WRONGFUL DEATH;  SURVIVAL;  INJURIES OCCURRING OUT OF STATE
• Negligence