Houston Wrongful Death Lawyer

How to Pursue Compensation After the Death of a Loved One

When a family loses a loved one through the negligent or reckless act of another person or legal entity, legal action should be taken to pursue compensation. At my firm, The Law Office of Patricia M. Davis, I take on cases of wrongful death and help families to seek justice and compensation for their tragic loss. My goal is to achieve justice through the civil court system. In many cases, a settlement can be reached without the need for trial, but there are cases in which it may be necessary to litigate. In either case, you can be confident that I have extensive trial experience and skill, and in fact, I formerly served as a federal government attorney. When I take on a wrongful death case, I take my duty to my client very seriously. I know that it is terrible and difficult to be facing a future without your loved one, and that you are suffering a great deal of emotional turmoil and grief. There can be some degree of closure in seeking justice and compensation.

If you lost a family member that was an income earner, all economic losses must be calculated, including estimated loss of wages, retirement funds and other economic damages. The emotional losses are also included in the claim. Under Chapter 71 of the Texas Civil Practice and Remedies Code, there are certain family members who can seek compensation, including the spouse, parents and children. A wrongful death suit can be filed in cases in which an unborn child died through the negligent act. The case can be filed when there has been any type of wrongful act, neglect, or carelessness. These wrongful death cases include the loss of a loved one through neglect, such as in an elder care facility. If the eligible family members do not bring a legal action within 3 months after the death, an executor or administrator of an estate has the right to take action and pursue compensation. In cases in which a death was caused by the willful act of omission or commission, or in a case of gross negligence, exemplary as well as actual damages can be sought. Exemplary damages are also termed "punitive damages" - damages that are intended to punish the party that is responsible for the loss of life, and deter others from similar actions.

Exemplary damages in some cases will be "capped" at two times the amount of economic damages (which vary from case to case) plus an amount equal to the non-economic damages found by the jury. Challenging all of these issues is possible, including the "cap" on exemplary damages. In determining whether the family is eligible for exemplary damages, there are several issues that are reviewed, including the nature of the wrongdoing and the net worth of the defendant. You deserve to find out what is actually possible in your case, and I can help.

When the case is litigated, the damages awarded will be divided among the individuals who are entitled recover compensation. In any wrongful death suit, whether it is settled prior to trial or in a jury verdict, the amount awarded can vary greatly. It is important that you are represented by an attorney that has the ability to present your case with full supporting documentation and evidence, and has experience in recovering high value claims in wrongful death suits. Contact my firm to discuss your case. I can advise you about what you can expect, and how long your case may take to resolve.

Contact my firm for more information about filing a wrongful death claim in Houston.