Understanding Compensation in Houston Wrongful Death Cases | Experienced Texas Lawyers

When a family seeks compensation in a wrongful death claim, one of the biggest challenges is managing expectations. Fair compensation may ease financial problems and offer some sense of resolution, but unfair or misunderstood compensation can cause disappointment and renewed trauma. If you’ve recently lost a loved one in Harris County due to the negligence of another, one of Carabin Shaw’s compassionate Houston lawyers can help you understand your legal options and pursue the financial recovery your family may need to move forward during this difficult time.

At Carabin Shaw, we believe our clients should understand every part of the civil claims process, so they can make informed decisions. Read our law firm’s client reviews to find out more about our legal assistance, and contact us as soon as possible to schedule your free case review. We also offer our services on a contingency-fee-basis, so you don’t pay us unless we win your case.

While intentional acts can certainly result in a wrongful death claim, most claims stem from negligent accidents. Your local lawyer must prove that the defendant’s actions meet the four requirements of negligence to hold them liable:

1. Duty of care
2. Breach of duty
3. Harm
4. Causation

Every adult in Houston, Texas, has a certain duty of care to each person they encounter. In general, this duty means that they must make reasonable efforts not to cause harm. Duty of care also exists in certain relationships, such as those between a business owner and a customer or a landowner and a guest. Texas wrongful death attorneys must understand local duty-of-care standards to file a successful wrongful death claim.

Family members filing a wrongful death claim should know that only the spouse, parent, or child of the deceased victim may file a claim for damages. In addition, these damages are those that occurred to the family member as a result of the victim’s death.

Wrongful death compensation covers the following damages:

• Lost household income
• Loss of expected benefits
• Loss of companionship
• Mental anguish over the death of a loved one
• Burial costs

As part of case preparation, you’ll need to prove the value of your damages to negotiate fair compensation. Your lawyer will collect evidence to prove negligence, but also to help you calculate your losses in a manner that is respectful to the loss of your loved one.

A wrongful death claim is not the only type of claim your attorney may recommend after the death of a family member. If your loved one survived for any amount of time after the accident, you may have cause for a survival claim. A survival claim does not limit beneficiaries to the deceased's immediate family, and the estate brings the lawsuit instead.

Compensation in a survival claim covers the following damages:

• Economic losses: medical bills, lost income, property damage
• Noneconomic losses: pain and suffering and emotional anguish

While these damages resemble those available in a wrongful death lawsuit in Texas, they are different because they are damages that happened directly to the deceased individual. They do not include the damages suffered by family members. They may go to heirs of the estate, and the law may force the estate to pay the deceased’s debts prior to any family distributions.

At Carabin Shaw, we believe that a good attorney keeps their clients well-informed, especially when handling emotionally fragile circumstances like the death of a loved one. While filing a timely claim can streamline your path to fair compensation, not understanding the compensation process or making costly legal mistakes can hinder your grieving process.

If you are interested in compassionate legal advice from a team you can trust, contact the Houston wrongful death lawyers at Carabin Shaw today to schedule a free consultation. Our toll-free number is 1-800-862-1260, or you can contact us online. Someone is available to speak with you 24/7, and we have staff available in English and Spanish.

For more information:

• Cornell Law School
• Civil Practice and Remedies Code - Wrongful Death
• Texas Statutes 41