When you or someone you love suffers a serious injury, in a single moment you can lose your health, your work, your happiness, and even a spouse or child, leaving you with medical bills, lost income, and the emotional distress that often follows.
Serious injuries require serious lawyers who are determined to fight for the best judgment or settlement for their clients. When clients bring their personal injury cases to our law firm and our attorneys, they can be sure that:
- Your case will be assigned to a lawyer who is experienced in your specific type of accident.
- We will get involved right away so that we can preserve evidence and interview witnesses.
- We will assemble a staff team for your case - including any needed investigators and legal staff.
- We will take the time necessary to fully investigate the accident.
Personal injury cases can take many forms, from aviation accidents to medical malpractice to product liability to automobile accidents. Generally, however, most involve the concept of "negligence."
The law generally defines "negligence" as: failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.
The plaintiff bears the burden of proving that the defendant's conduct constituted "negligence," as well as proving that such negligence was "a proximate cause" of his or her damages.
"Proximate cause" is generally defined as: that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result there from. There may be more than one proximate cause of an event.
The term "wrongful death" means that a person's death was due to another party's negligence, and a claim for wrongful death can be filed against another individual, group or company. Wrongful death claims are commonly filed as a result of an accident but may also include criminal acts, work related negligence and professional negligence. In order to collect for damages, you must prove that the other party was, in fact, negligent and their negligence caused the death. In most cases, a wrongful death claim must be filed by a relative of the person who died and, in some States you must first show the courts that you have the legal right to seek damages against the negligent party.
Filing a wrongful death claim is extremely difficult for families because, not only must they deal with their grief over the death, they must also deal with a very complicated legal situation. It is important to keep in mind that the death was caused due to another's negligence and the family has the right to be compensated for their loss.
A claim for wrongful death may include compensation for the following:
- Reimbursement for all medical expenses incurred as a result of the negligence.
- Reimbursement for the loss of any future income.
- Reimbursement for property damage, if applicable.
- Reimbursement for any future services normally provided to you by the person who has died.
- Reimbursement for loss of consortium, meaning a spouse's right to the companionship, help and affection from the person who has died.
- Reimbursement for any punitive damages if the negligence was found to be criminal.
All states have a "statute of limitations" (the amount of time allotted to file a claim for negligence). You must protect your family's rights by making sure that the negligent party is held accountable for your loss and, although extremely hard, it is crucial that you preserve any supporting evidence and file your claim within the legal time limits.
Free Consultations — Se Habla Español
Call Us Toll Free from Anywhere in the U.S. at 877.301.5913
Contact us today at our Houston office.
