Wrongful Death Attorneys FAQs
in Houston, Texas
What is the legal definition of "wrongful death"?
A wrongful death suit alleges that the decedent was killed as a result of the negligence (or liability) of the defendant, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct. Simply put, wrongful death is death caused by the fault of another person. Examples of wrongful conduct that may lead to death include drinking and driving, manufacturing a deficient product, building an unstable structure, or failing to diagnose a terminal disease.
Who has the right to sue for a loved one's wrongful death?
Each state determines who is legally permitted to bring a wrongful death suit. In some states, it may be only a spouse and/or children. In other states, other relatives including grandparents may bring about a wrongful death suit. The experienced wrongful death attorneys at Kennedy Hodges, L.L.P. in Houston, Texas will explain Texas state law to you regarding wrongful death during your initial consultation.
How will the amount I receive be determined?
The amount of damages is a very complicated issue. Survivors of wrongful death victims can usually sue for medical bills paid for the care of the person who was injured, as well as for burial expenses if he/she died. Because the idea is that the survivors have been injured by the absence of the person who died, determining the amount of damages requires consideration of what probably would have occurred in the future. Damages may include an estimate of the amount of earnings the person who died would have earned had they lived and pain and suffering experienced by the survivors due to the absence of the deceased loved one.
Do I have to share my settlement with the whole family?
State law, along with any documents signed by relatives and the type of action filed, would determine what, if any, obligation the relatives filing the lawsuit have in sharing the settlement.
If my husband died on an operating table, can I sue for medical malpractice and wrongful death?
As used in this sense, “wrongful death” means the death was a result of the medical malpractice. Malpractice is basically a type of negligence and wrongful death is a type of damages. It is possible to have a medical malpractice wrongful death case, but not every medical malpractice case is a wrongful death case and not every wrongful death case is a medical malpractice case. Our wrongful death attorneys can explain to you which type of case you have at your initial consultation.
If your loved one has died due to the negligence or wrongdoing of someone else in Houston or anywhere in Texas, please contact the experienced wrongful death attorneys at Kennedy Hodges, L.L.P. today to schedule your initial consultation.
Kennedy Hodges, L.L.P.
3701 Kirby Drive, Suite 400
Houston, TX 77098
713-523-0001 (phone)
713-523-1116 (fax)
877-342-2020 (toll free)
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