Wrongful death arises due to many reasons, some of which could range from a medical practitioner’s negligence to someone accidentally ramming into your loved one with an automobile.
In this article, you will learn almost everything there is to wrongful death and how you can seek reparation for the inestimable loss you have had to suffer.
Do you need a wrongful death lawyer in Houston? Or perhaps you know someone who does? Then go ahead and click the blue text.
Before we get ahead of ourselves, let us look at what wrongful death means?
A case of wrongful death will arise when somebody is killed due to another person’s or entity’s negligence or misconduct.
While it is normal to witness criminal persecution during the trial, kindly note that a case of wrongful death is still a civil case and as such is distinct from criminal charges like manslaughter or murder.
The following are the conditions for filing a successful wrongful death lawsuit.
- Someone must have died due to the negligence of another person or entity.
- The survival of family members who suffered pain or harm due to the death of the concerned person.
- The person filing the lawsuit must be able to prove beyond reasonable doubt that indeed the party being persecuted actually committed the offense.
When is a wrongful death claim applicable?
The following instances are some of the instances where one can raise the claim for wrongful death.
- Due to medical malpractices: If a patient dies due to misdiagnosis of a patient’s condition or because the doctor fails to provide the standard and professional level of care. The hospital or the medical doctor can be sued for wrongful death of the patient.
- Due to fatal road accident: Where someone dies as a result of car accident injuries. Surviving family members of such persons can raise claim for wrongful death.
- Defective products: where someone dies due to consuming a product that is defective but it is being sold as if it is a good product. A claim for wrongful death can be raised against the manufacturer or even the company who sold the drug to the dead person.
- If in a workplace, the company fails to provide adequate supervision and safety gears for its workers and it therefore results in the loss of a person. One can also file a lawsuit of wrongful death against the company.
Do you need to hire an attorney before you can file a lawsuit of wrongful death?
In some cases you can handle issues resulting in personal injuries but in a case of wrongful death it is impossible for the lost person to defend his or herself. However if it was a case where you suffered injuries and you discover you can do it yourself after you’ve assessed your capabilities then go ahead. Otherwise, hire a lawyer.
How long do you have before it becomes impossible to file a lawsuit of wrongful death?
In Houston Texas, you have a maximum period of 2 years to do so. Therefore it is advisable you file a lawsuit as early as possible.