How Are Wrongful Deaths Occurring & Who is Eligible to File a Wrongful Death Claim in Texas?

At Charles J. Argento, our Houston wrongful death attorney knows that there is nothing common about losing a family member to negligence. However, there are multiple ways our

Texas clients lose their loved ones that have similar circumstances.

When any of these, or other negligent conditions lead to wrongful death, our Houston personal injury lawyer will be here to help you understand your legal rights and options to pursue the liable person, party, or entity for your family’s full financial recovery.

Common Types of Wrongful Death Claims in Texas

Wrongful death is a fatality caused by the negligent, willful, or wrongful act, neglect, omission, or default of another person or party.

There are multiple ways this occurs in Texas, with the most abundant circumstances caused by:

  • Automobile Accidents

Vehicle collisions are the leading cause of death in the United States. When these crashes are caused by intoxicated, speeding, reckless, drowsy, or distracted drivers, the negligent driver

can be held liable for the deaths of anyone involved.

  • Defective Products

Defective products are any type of consumer product that harms an individual during their intended use. This may include vehicle parts, pharmaceuticals, or medical devices.

Companies are required to ensure that their products are safe for use before they are available to the public. When a designer, manufacturer, or any part of the supply chain is negligent in their responsibility to ensure the product is safe, the company — or combination of companies — may be held liable for the wrongful death that results.

  • Medical Malpractice

Medical malpractice is becoming more prevalent in the U.S. and is now considered the third leading cause of death in the country. Common causes of medical malpractice in Texas include, but are not limited to, misdiagnosis, failure to diagnose, surgical errors, anesthesia errors, and birth injuries that lead to death.

  • Workplace Accidents

Workplace accidents that result in death can leave loved ones reeling for years to come, especially when they do not have access to the financial support they need to take the necessary time to grieve.

While some Texas industries — like oil and gas, construction, and maritime jobs — are inherently more dangerous than others, no one should go to work fearing they will not make home to their families.

If your loved one has lost their life to negligence, we want to help you understand your eligibility to file a wrongful death claim in Texas.

Who is Eligible to File a Wrongful Death Claim in Texas?

At Charles J. Argento our Houston wrongful death attorney knows how difficult it is to lose a loved one under any circumstances. However, when an individual’s death is caused by negligence, family members are left reeling from their personal and emotional losses.

The one thing most people do not see coming is that the family members who were also dependent on the deceased’s person’s livelihood often suffer a financial blow that can be just as overwhelming.

Our Texas wrongful death statute allows eligible family members to pursue a claim against the person, party, or entity that committed “the wrongful act, neglect, unskillfulness, carelessness, or default” that caused the death of their loved one.

Our Harris County personal injury attorney can help. Here is what families need to know about their eligibility to file a wrongful death claim in Texas.

Which Family Members Can File a Wrongful Death Claim in Texas?

When we can prove another person, party, or entity’s negligence led to the death of your loved one, family members may file a wrongful death claim to hold the liable party accountable for their current and future losses.

In Texas, family members who may be eligible to file a wrongful death claim include the surviving:

  • Spouse
  • Children
  • Parents

If one of these surviving parties does not file a wrongful death claim within three months of the date of their loved one’s death, the personal representative or executor of the deceased individual’s estate may file the claim instead.

What Type of Compensation Can Family Members Pursue During a Wrongful Death Claim in Texas?

Our experienced Houston wrongful death attorney knows no amount of money can replace your loved one. However, seeking compensation for your tragic loss may help give you and your family the time you need to grieve, without the stress and anxiety of worrying about your financial well-being.

Eligible family members may pursue the following types of compensation that apply to their circumstances:

  • Funeral & Burial Expenses
  • Lost Benefits, including Retirement, Pension, Medical, or Health Insurance Coverage
  • Lost Earnings
  • Medical Expenses Left Behind by the Deceased
  • Mental & Emotional Anguish 

Contact Our Experienced Wrongful Death Lawyer in Houston, Texas for Help

If you have lost a loved one to negligence in Texas, contact our skilled wrongful deaths attorney in Houston at Charles J. Argento today to schedule a free consultation by calling 713-225-5050 or by contacting us online.

Our law firm does not get paid until we obtain a settlement or verdict for your unique case.

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