Losing a loved one is an overwhelming experience. When the loss occurs through someone's negligence, it becomes even more traumatic. Texas law recognizes that families deserve compensation when someone dies due to the negligence of another party. The Alexander Firm is here to tell you about the grounds for a wrongful death claim that every Houston resident needs to know.

Negligence



Negligence is a common basis for wrongful death claims. In essence, it refers to a failure to exercise reasonable care that leads to a person's death. An example could be a reckless driver causing an accident that leads to death. This can apply in cases of medical malpractice or in premises liability accidents. Once a death occurs due to negligence, the surviving family members can sue for wrongful death.

Breach of Duty

This occurs when an individual's misconduct or negligence directly causes the death of another party. In other words, the responsible party failed to act as expected to prevent an accident from happening. Examples could include failing to provide safety measures on a construction site, or a doctor failing to diagnose and treat a patient's illness. A breach of duty arises from legal obligations to exercise reasonable care.

Product Liability

Defective products, especially medical devices or pharmaceuticals, can lead to severe harm, illness, and even deaths. There are strict laws and regulations governing the manufacturing, marketing, and distribution of products. When a faulty product results in someone’s death, family members can sue the manufacturer or distributor through a product liability claim.

Intentional Misconduct

Wrongful death claims can also arise from intentional misconduct. In these cases, a defendant intentionally causes the deceased harm or takes actions that lead to death. For example, this could occur in an assault or homicide case. In an intentional misconduct case, the damages awarded are intended to punish the defendant for their malicious actions.

Survival Claims

In addition to wrongful death claims, Texas law also allows for a type of claim known as "Survival Claims." A survival claim arises from the same set of circumstances as a wrongful death claim but instead seeks compensation for the pain and suffering the deceased experienced before their death. This type of claim compensates the deceased's estate with expenses incurred by the deceased for medical treatments and other expenses.

The loss of a loved one is a trying moment for families, and it adds more pain when the death was avoidable. If you believe that your loved one’s death was caused through the negligence or wrongdoing of another party, you may be eligible to seek compensation through a wrongful death claim. The Alexander Firm will help guide you through the process and duly represent your interests. Contact us today for a free consultation and let us help you achieve the justice you seek.