Wrongful Death Lawyers in Houston, Texas

The sudden loss of a loved one leads to indescribable pain, confusion, grief, anger, and often leads to financial burdens. Nothing compares to losing a loved one, nonetheless losing them to a wrongful act.

Padua Law Firm handles clients with highly effective lawyering, compassion, and support. With an in-depth knowledge of the legal system in the State of Texas, Houston wrongful death lawyer Alejandro Padua, offers a particular sensitivity to the plight of members of the multi-cultural community as they navigate the state’s legal system. Much as has represented victims of wrongful death negligence since 2007.

What is Wrongful Death?

As a result of “a wrongful act, neglect, carelessness, unskillfulness, or default”[1].

Accidents at work, exposure to harmful products, driving under the influence these are scenarios that can lead to a wrongful death.

  • Texas suffered from fatal car crashes 365 days of the year in 2016.
  • Driving under the influence killed 915 people that year.
  • An average of 95 children under the age of 5 die each year due to nursery products[2].
  • Between 2014 and 2016, 431 people died as a result of furniture or appliances tipping over on them[3].

Design defect cases in Texas requires that the plaintiff provide the burden of proof[4]:

  1. Using a safety guide.
  2. While proving proof such as using an alternative design that could have reduced the risk of wrongful death without compromising the product’s usefulness.
  3. The ability to produce an alternative design by economical and technological improvements.
  4. Ultimately confirming that the product had a defect which caused the victim’s death.

Types of Wrongful Death Damages Recoverable in Texas

  1. Economic Damages
  2. Non-Economic Damages
  3. Exemplary [or Punitive] Damages

Economic Damages

The emotional distress is overwhelming and all-encompassing.
These include:

  • Earnings from the victim that were expected prior to the loss.

The victims family may be awarded compensation from the victims income that may last for the duration of the victim’s expected “working” life span.

  • Medical expenses the victim incurs before he or she passed away — families receive aid for this type of expense.
  • Funeral expenses may be accolade, as well as other burial expenses related to the victim’s untimely death.
  • Services that the victim would have performed for family members had they not passed away.

Non-Economic Damages

Families who experience the tragic, wrongful death of a loved one suffer in innumerable ways. There’s mental and emotional anguish. There’s the emotional pain of knowing they’ve lost the love, protection, assistance, comfort, and guidance of an important family member.

What are Exemplary Damages?

Not all states allow punitive (sometimes called ‘exemplary’) damages in wrongful death cases. Texas allows exemplary damages if the deceased was the victim of a willful act, omission, or negligence.

Families seeking punitive damages are not seeking compensation for themselves. They’re asking our judiciary system to serve justice to those responsible for a wrongful death. With this type of damage, the end goal is justice for the negligent behavior that led to the loss of a loved one.

Texas law states they must take steps to prevent that employee from harming the public on their way home.

In 2015, a Texas nursing home sent a nurse home because she had been drinking and was drunk. They did not call her a cab or contact a family member to get her safely home. She drove home with a blood alcohol level of 0.40. On the way she crashed her car into the vehicle of a family of four, killing the father.

The wife of the victim summarized the role of exemplary damages in her statement, “Hopefully, this will make companies take responsibility.”

Who Can Make a Claim?

In the State of Texas, only the victim’s closest relatives — spouse, children, and parents may bring a wrongful death case. Siblings may not file a wrongful death case in the State of Texas.

Only the surviving spouse, children, and parents of the victim are able to make a claim. They may file together as a group or individually. If a family member or executor of the victim’s estate does not bring a case, there will be no case. In that way, wrongful death cases are different from murder cases. It’s up to the family or the executor of the estate to bring a wrongful death case to court.

What is the Deadline to Bring a Wrongful Death Claim?

The emotional toll of a wrongful death case can make it difficult for families to cope. Deadlines can quickly arrive while the family adjusts to their tragic loss and attempts to heal.

The first important date is the three-month mark from the date of the tragic incident. Therefore, during the three months, no other entity except the parents, children, and spouse of the victim have the right to bring a case.

The second deadline is the two-year mark. There are a handful of exceptions.

Contact Padua Law Firm, Wrongful Death Lawyers in Houston

Most noteworthy Padua Law firm is highly effective, aggressive, supported by attorneys that can serve a family’s needs and fight for their rights under Texas wrongful death law. Consultation is free, and families don’t pay anything unless the case is won.

[1] http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.71.htm

[2]https://www.cpsc.gov/s3fs-public/Nursery-Products-Annual-Report-2017_0.pdf

[3]https://www.cpsc.gov/s3fs-public/Product-Instability-or-Tip-Over-Report-Oct-2017_STAMPED.pdf

[4] http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.82.htm