Lassiter Law Firm is an experienced wrongful death attorney in Houston with a proven track record. James is a successful attorney with impeccable negotiation skills, who has helped his clients recover their rightful compensation faster and on more advantageous terms than anyone else.
Who may sue for wrongful death?
Only the representative or the survivors who suffer damage from the decedent’s death can file a wrongful death claim. The representative can be the executor of the decedent’s estate or the real parties in interest. The victim’s family members, such as spouses, children, and parents of unmarried children, can file a wrongful death claim as well.
We also include here life partners, financial dependents, putative spouse, a domestic partner, or someone financially dependent on the decedent. Distant family members eligible to file a wrongful death claim include brothers, sisters, and grandparents.
How quickly should I file a wrongful death lawsuit?
The statute of limitations can vary between states, and it determines the amount of time that plaintiffs have to file a wrongful death lawsuit. While the length of the time can vary, all states provide plaintiffs with a minimum of one year for filing from the decedent’s death date.
If you want to take legal action against the government or one of its employees, you must file a claim notice within 90 days. In some cases, the court may extend your deadline depending upon the circumstances of your loved one’s death. As a rule of thumb, you mustn’t wait too long to file a wrongful death lawsuit. Failing to comply with any pre-lawsuit notice requirements could cause you to lose your right to any legal remedy for the death of your loved one. Speak to an experienced wrongful death attorney in Houston to get started on your wrongful death claim.
What must the plaintiff prove in a wrongful death case?
Once you file a lawsuit, you must prove the various elements of a wrongful death claim to recover the rightful damages. For starters, as the plaintiff, you must prove in court that the defendant or the at-fault party was negligent, which caused the death of your loved one. Here are some of the elements that you may have to prove in a wrongful death case:
- Duty of care – You should prove to the court that the other driver had a duty of care to the victim.
- Breach of duty of care – You will have to prove to the court that the defendant breached the duty of care.
- Causation – In addition to proving that the defendant broke the law or breached his/her duty in some way, you must also prove that the at-fault person’s specific action is directly responsible for your loved one’s demise.
Call Lassiter Law Firm to schedule a free consultation with James Lassiter at 713-521-0104. He is a leading wrongful death attorney in Houston that can assess your claim’s value, save your time and money, and help you obtain the maximum compensation for the loss of your loved one.