web analytics

Accidental Death Lawyer Houston

Wrongful Death Lawyers Houston

What is wrongful death?

Wrongful death in dealing with personal injury is any death that is caused by negligence caused by someone who may be careless, or a company or manufacturer that puts a defective product out in the market place and takes the life of another.

Who can file a wrongful death lawsuit?

In Texas, it is clear that spouses can bring causes of wrongful death actions on behalf of their loved ones. Other people who have causes of wrongful death actions are any children or parents of the deceased.

Do I need an attorney for a wrongful death action?

Any time you have wrongful death involving negligence or the carelessness of another, it is very important to contact a lawyer right away. The people who pay money, the insurance companies and huge corporations, won’t pay any money unless you know exactly what you are doing, because they are in the business to deny any kind of payment on any kind of wrongful death.

How would I prevail in a wrongful death claim on behalf of a loved one?

In order to prevail on that type of case, you need to contact an attorney who can fully investigate and find out what happened. Through extensive research you can find the proper party that needs to be brought into that lawsuit, and file a lawsuit to get the maximum cash and benefits you deserve.

What are different causes of wrongful death?

There are all kinds of things where wrongful death can occur in personal injury cases. They range from loved ones who died in:

They can also be defective products which range from anything from:

  • defective cars
  • tires
  • medical devices implanted in the body
  • dangerous or bad drugs
  • products such as asbestos which causes mesothelioma and cancer.

Why choose Charles Argento to handle these types of cases?

I think my firm is the best suited to handle these cases. I have been practicing law for 26 years. The first ten years of my practice I represented people who brought lawsuits against people who caused accidents or defective products or against negligent doctors. I know exactly what these big corporations and insurance companies are looking for to deny a claim or to not pay out big money. For the past 14 years I have been AV rated which shows the highest standards for legal and ethical ability. I am also AVVO rated for legal ability and ethical standards. I am also rated one of the top lawyers in Texas by ShowMark.

Houston Wrongful Death Attorneys

In general, a wrongful death claim is one in which it is alleged that a person died as a result of another’s negligence. The deceased person’s surviving relatives, dependents, or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. Some of the most common types of Wrongful Death cases include slip and fall, car accidents, truck or 18 wheeler accidents, drunk driver accidents, motorcycle accidents, work accidents, construction accidents, refinery or oilfield accidents, maritime or offshore accidents, airplane accidents, asbestos, mesothelioma, silicosis burns, explosions, assaults and battery, medical malpractice, and dangerous or defective products or drugs. In general, the goal of a Wrongful death action is to determine who was responsible and to compel the responsible party to compensate the surviving relatives, dependents, or beneficiaries for their loss. If you or someone you know has died by the careless actions of another, contact Houston wrongful death attorney, Charles J. Argento at our firm to find out how we can help you preserve your rights.

A personal injury attorney at our firm can advise you on whether you have a valid wrongful death claim and can help you pursue that claim against the responsible party or parties.

Wrongful Death Laws Vary from State to State

Some states have “true” wrongful death acts in which the deceased person’s survivors or next of kin are entitled to bring a cause of action for their damages resulting from their family member’s death. Other states like Texas have acts that are more properly called “survival actions.” In general, survival actions are brought on behalf of the deceased person for the deceased person’s pain, suffering, and other damages resulting from the injuries that caused his or her death.

The individuals who are entitled to bring a wrongful death claim also depends on the jurisdiction. In Texas, the  beneficiaries of the person who has died is the spouse, children and parents are able to bring a claim. In most states, if the deceased person did not leave behind a husband or wife, children, or parents, there may be no one who may bring a wrongful death claim. Sometimes, the recovery, if any, is simply doled out to the deceased’s “heirs at law” or as provided by law.

In many jurisdictions, it is not necessary that the defendant’s conduct be the sole cause of death. Even when the defendant’s negligence contributes only in part or in tandem with other circumstances to a person’s death, liability may still attach.

Wrongful Death Damages

  • Types of damages. When a defendant is found legally liable for the death of another, the types of damages that may be recovered can also vary greatly. For example, the plaintiffs in a wrongful death case may be able to recover the deceased person’s medical expenses, funeral and burial expenses, lost earnings, and lost benefits (such as pension benefits or medical and health insurance coverage). Additionally, the plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death as well as punitive damages.
  • Calculating damages. The method and manner of calculating damages in a wrongful death action can be very complex. This potential complexity is especially true when trying to calculate the monetary loss to which the plaintiffs are entitled. Monetary loss, sometimes called pecuniary loss, generally includes the survivor’s lost support, contributions, and services of the deceased person. The computations for these damages are typically based on the deceased person’s life expectancy and work life expectancy as well as the life expectancies of the beneficiaries and, where necessary, the remaining period of minority of any beneficiaries.
  • Multiple beneficiaries. In cases where there is more than one beneficiary, the damages will be distributed among those beneficiaries. Most states allocate the damages among the beneficiaries in accordance with their losses.

Defenses to Liability in Wrongful Death Cases

In general, a defendant is entitled to raise any defenses in a wrongful death action that could have been raised in an action brought directly by the decedent, had he or she not died. Therefore, if the decedent was contributorily negligent in causing his or her own death, the defendant may assert that defense in the wrongful death action.

Conclusion

When a loved one dies, the complexities of a legal claim against the wrongdoer can be overwhelming. At this already stressful and emotion-laden time, the assistance of an experienced Houston wrongful death lawyer like, Charles J. Argento, can guide surviving family members through the complex legal maze and help secure compensation for their devastating losses can be invaluable. It is very important that you contact an attorney immediately to preserve evidence and protect your legal rights. In addition, we are proud members of the Texas communities we serve and seek to effectively represent ALL residents, regardless of their circumstances or background. Our staff is highly motivated and bilingual, capable of conducting all casework in Spanish, including the initial consultation.

Contact Houston wrongful death attorney, Charles J. Argento for a free consultation at (713)822-5050. There is no obligation and all cases are taken on contingency, meaning there are no fees until we recover a settlement in your favor.