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If you have lost a close relative in an accident, it is no doubt the worst time in your life. As a wife, husband, parent, or child, you may have had to bear their final medical expenses as well as death and funeral costs. The grief and anger from a sudden death can be overwhelming.
You may have a good reason to believe that someone else is legally responsible for the death of your loved one. Attorney Brant Stogner, a longtime Houston wrongful death lawyer, works with families to determine what happened to their loved ones and how they can recover. Schedule a consultation with our personal injury attorneys to discuss a potential claim today.
Who Can Bring a Wrongful Death Case?
In a wrongful death lawsuit, close relatives can claim damages for what they lost due to their loved one’s death. State law gives a surviving spouse, parent, or child of a deceased accident victim a claim for their wrongful death.
The claim includes not only burial expenses and final medical bills but restitution for the future earnings and contributions of the family member. The relatives can also claim non-economic damages for their grief, for the loss of a parent’s guidance, or for the loss of a spouse’s companionship.
When an accident victim dies after struggling for some time, that person’s heirs or estate can also choose to file a survival action under Texas Civil Practice and Remedies Code § 71.021. This allows them to pursue the same personal injury claims that the victim would have had, which should compensate the estate for the victim’s medical expenses and other losses. This is a separate claim and a separate process from the immediate family’s wrongful death suit.
Your wrongful death lawyer, Brant Stogner, could review your case and help you understand what type of claim you may be eligible for in Houston.
Causes of Wrongful Death Claims
Wrongful death suits often arise from negligence. Some common examples of accidents that may result in death include:
- Car accidents, including crashes with motorcycles and pedestrians
- Workplace deaths, such as industrial plant accidents and offshore accidents
- Aviation accidents, which are rarer than road crashes but more lethal when they do occur
- Truck accidents, especially as commercial trucks are far more likely to kill or injure other road users than their own drivers
Anyone or any corporation that causes a death through “wrongful act, neglect, carelessness, unskillfulness, or default” can be held liable through a wrongful death suit. Your wrongful death attorney, Brant Stogner, could help you determine whether you have a case in Houston and identify who may be responsible.
How Attorneys Defend Family Rights in Wrongful Death Claims
Just as with personal injury claims, your attorney must investigate the accident behind a wrongful death claim to determine what happened. Photos, videos, and other time-stamped data can be key, but lawyers can also search for local surveillance cameras, eyewitness accounts, and other valuable evidence.
Insurance companies handle most claims for damages, especially in car or truck accidents. Insurers investigate accidents on their own behalf—not on your behalf, or even their insured’s. They may decide to deny a claim or offer victims a settlement that does not reflect their actual losses.
Getting past insurance defense tactics takes a tough, experienced injury lawyer. It is best to talk to your wrongful death attorney before making any statements to an insurance representative in Houston. Otherwise, you could lose or endanger your family’s rights.
Let Brant Stogner, an Experienced Houston Wrongful Death Attorney, Handle Your Case
Attorney Brant Stogner has brought the fight directly to big businesses on behalf of those who have lost loved ones. No outcome is guaranteed, but Attorney Stogner has worked to secure eight-figure settlements for bereaved family members and disabled clients.
As your Houston wrongful death lawyer, Attorney Stogner could help your family explore your legal options and determine how to move forward. Call us today to set up a free consultation with our team.