If my loved one was killed in an accident in Houston, can I file a lawsuit for wrongful death?

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Yes, if your loved one was killed in an accident in Houston, you may be able to file a lawsuit for wrongful death. Under Texas law, the Wrongful Death Act allows spouses, parents, and children of someone who was killed to bring a lawsuit for their damages resulting from the death of their loved one.

Under Texas law, in order to be successful on a wrongful death claim, the plaintiff must show that the defendant’s wrongful actions cause the death of the deceased. Some common examples of wrongful death cases include automobile accidents, medical malpractice, workplace injuries, criminal acts, dangerous prescription drugs, and construction accidents. The other thing that must be proven is that the plaintiff is a spouse, child, or parent or the person who was killed. Siblings, grandparents and grandchildren, boyfriends and girlfriends, and others are not eligible to file a wrongful death case.

If a plaintiff is successful on a wrongful death claim, two types of damages are available, actual damages and exemplary damages. Actual damages include financial losses (including the cost of the funeral and medical expenses for the deceased person, the value of the care the deceased provided and the loss of the deceased’s earning capacity), mental anguish, and loss of inheritance. Exemplary damages are extra damages that could be awarded if the death was caused by gross negligence or a willful act.

If your loved one has been killed by someone else’s negligence or intentional act in Houston, you should speak with an attorney. Call the Houston personal injury attorneys at Kennedy Hodges at 855-947-0707. You can also learn more about the firm on our Facebook page.

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