Pasadena Wrongful Death Attorney
If you have lost a family member as a result of the wrongful act, recklessness, or carelessness of another person or entity, you might be able to sue them for the wrongful death of your loved one. When you are grieving from the death of a family member, filing a lawsuit is probably the last thing on your mind. In fact, talking about a lawsuit after the death of a loved one might seem callous to some people. But the reality is that swift action is necessary to get the best evidence to support your claim. You are unlikely to have the presence of mind to ask the right questions and collect the right information while you are grieving. This is why you need a Pasadena wrongful death attorney to work for you to gather evidence and make a claim before it’s too late.
- Craft Law Firm handles cases involving catastrophic injury and wrongful death in transportation and workplace incidents.
- Our goal is to welcome each client as part of our Craft Law Firm family both during and after their cases and help them navigate what has become the new normal in their lives.
- We take a limited number of cases, which will allow a Pasadena wrongful death attorney to pay detailed attention to your case.
If your family member has died because of the actions of another person or entity, you can count on us to help you. Call us at 713-225-0500 to speak with one of our experienced and compassionate attorneys for free.
What is a Wrongful Death Claim?
When someone dies because of the negligent or reckless actions of another person, the law provides two paths to justice for the survivors. One path to justice is the criminal prosecution of the person who caused the death. In a criminal case, the objective is to punish the person found guilty of causing the death, and prosecution is an action taken by the state. The other path to justice is a wrongful death claim. A wrongful death claim allows the survivors of the deceased to get monetary compensation for the death of their family member. It is a private action taken by the survivors of the deceased against the person responsible for the death of their family member.
What is Negligence in Wrongful Death?
Every person in society has a duty to avoid acting in any way that can foreseeably cause harm to others. If they fail to uphold their duty and cause harm to another person, they could be held liable for the consequences of their negligence. There are five elements that must be present for a negligence-based claim to be successful:
- The person whose actions caused harm owed the victim a duty of care
- The duty of care was breached
- The breach caused harm to the victim
- The breach was the legal cause of the harm to the victim
- The victim suffered actual damages
For a claim based on negligence to succeed, all five elements must be present in the case.
When a wrongful death claim is based on negligence, identifying the legal cause of death and the parties to hold responsible requires the expertise of an experienced personal injury lawyer. Consider this scenario from a recent case in Harris County, Texas – a police officer handcuffed a person and placed them in the police patrol car without ensuring that the person was properly seat belted in the patrol car. On the way to the station, the patrol car was struck by a drunk driver who ran a red light, and the person was ejected from the patrol car and sustained injuries which led to their death. The question in this case would be which of the parties is the legal cause of the decedent’s death. Was it the police officer who didn’t secure the deceased in the patrol car, their employer (the City) or the drunk driver whose actions were the direct cause of the death? In some cases, government bodies cannot be sued for wrongful death because they are protected by governmental immunity. These are some of the intricacies that a Pasadena wrongful death attorney can help you understand.
How Do I Know If I Have a Wrongful Death Case?
The best way to determine whether or not you have a wrongful death case is to speak with a lawyer with experience in this area of Texas law. They can only make a determination after evaluating the circumstances surrounding the death of your loved one.
Some circumstances that give rise to a wrongful death case include:
- Motor vehicle accidents
- Medical malpractice
- Criminal activity such as assault
- Manufacturing defects
Each state has its own wrongful death laws that provide the criteria for determining a wrongful death and the procedure for bringing a wrongful death lawsuit. State laws also have statutes of limitation for wrongful death claims. This means that you must make a wrongful death claim within the specified time period otherwise you may lose the opportunity to get compensation for the wrongful death of your family member. This is why it is important to contact a lawyer as soon as possible after you have lost a loved one as a result of another person’s careless or wrongful actions.
How Can a Wrongful Death Attorney Help?
An attorney can help you in many ways. Attorneys experienced in wrongful death cases have access to investigators and experts who will provide evidence for your case. If the death occurred as a result of medical malpractice, for example, you will need expert evidence to prove that the doctor who caused the death did not act in a way that a reasonable doctor with similar training and expertise would act.
A wrongful death claim is not about the money. No amount of money can bring your loved one back to life. But the law recognizes that the death of a loved one can cause hardship on the surviving family members, so the person who caused their death, at the very least, should compensate the survivors for disrupting their lives.
Can I Afford a Pasadena Wrongful Death Attorney?
You may be worried about the cost to hire an attorney to help you with your wrongful death claim, but you cannot afford not to have one. Having an attorney who is experienced and has access to economic experts will give you a better chance of getting the justice you deserve for the wrongful death of your family member. Law firms have different payment arrangements to meet the needs of their clients. Craft Law Firm handles all cases on a contingency fee basis, so we never charge a fee unless we win.
If you have lost a family member as a result of the negligent or wrongful act of another person, don’t let time run out on your claim. Call us today at 713-225-0500 for a free consultation with an experienced Pasadena, TX wrongful death attorney.