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According to the Institute of Medicine of the National Academy of Sciences, medical errors cause anywhere between 45,000 and 98,000 deaths every single year. This is a staggering number, and it’s unacceptable. Wrongful death is a sensitive topic requiring the assistance of a knowledgeable and compassionate Houston wrongful death attorney. With a lawyer’s help, you can begin taking the necessary steps to get your family members the justice they are so rightfully entitled to.
If your family member lost their life as a result of a medical error, you can turn to an experienced Houston, Texas wrongful death lawyer from Davis & Davis to fight for the justice and financial compensation you and your family deserve.
Proving Negligence in Houston Wrongful Death Claim
There are various ways in which an act of medical malpractice can result in the untimely death of an individual. Some of the most common causes of wrongful death lawsuits are as follows:
- Birth injuries
- Diagnosis errors
- Hospital errors
- Surgical errors
- Anesthesia errors
- Medication errors
- Brain injuries
When it comes to proving negligence and establishing the at-fault party as liable, your Houston wrongful death attorney will immediately begin an investigation into the circumstances surrounding the wrongful death of your family member. This involves gathering and assessing any relevant evidence, including detailed medical records, documented photographs, and professional medical testimony.
Using the collected information, your Houston wrongful death attorney will work to prove negligence has occurred through the four following components: expected duty of care, breach of care, causation or link, and the resulting injuries and ultimate passing. This means the medical provider owed your family member the duty of correct medical care, and their reckless actions directly resulted in their untimely death.
Who Is Eligible to Pursue a Wrongful Death Claim in Houston?
In the tragic event of a wrongful death due to medical malpractice in Texas, it is vital to understand who is eligible to pursue a wrongful death claim. This pursuit of justice is typically initiated by the immediate family members of the deceased. According to Texas law, these family members can include spouses, children, and parents who are directly affected by the loss. They are entitled to seek compensation for their immeasurable loss, a process requiring navigating complex legal waters.
The pursuit of a wrongful death claim involves more than just establishing a familial relationship with the deceased. It requires a thorough demonstration of negligence or misconduct which led to the death. This necessitates gathering concrete evidence, such as medical records, witness statements, and testimonies, to establish the at-fault party’s liability.
The legal process, combined with confusion on who exactly is eligible to file a claim on behalf of the victim, underscores the need for the knowledge of a wrongful death lawyer, such as one from Davis & Davis. We can guide your family through these challenging times, ensuring justice is served and compensation for your loss is obtained.
Navigating the Complexities of Medical Malpractice Wrongful Death Cases in Houston
Navigating the complexities of wrongful death cases begins with identifying the procedural steps necessary to establish a claim, which includes the collection of comprehensive medical records, securing testimony, and meticulously proving negligence directly led to the wrongful death. The experienced attorneys at Davis & Davis can help connect you with highly-qualified medical experts whose insights are crucial in establishing how the standard of care was breached, adding credibility to your claim.
At Davis & Davis, we recognize the daunting nature of these challenges and are committed to guiding families through this difficult journey with compassion and skill. Our skilled attorneys are adept at handling the multifaceted nature of medical malpractice wrongful death claims, ensuring families are fully informed of their rights and the legal avenues open to them. Our approach is tailored to navigate the legal system effectively, leveraging our skill to advocate for the accountability and compensation our clients deserve.
Immediate Action to Take After a Wrongful Death Has Occurred
After a wrongful death has occurred, the first step is to ensure all necessary medical or legal documentation is secured. Requesting and preserving medical records, incident reports, and death certificates is crucial, as these documents may serve as key evidence in building a case. It’s also important to avoid any unnecessary contact with potential defendants or insurance companies before seeking legal advice, as statements made early on can affect the outcome of a claim.
Next, reach out to an experienced legal team that understands wrongful death law in Texas. An attorney can help navigate the complexities of the legal system and advise you on the best course of action. This includes understanding your rights, the compensation that may be available, and the appropriate steps to take in order to pursue a claim. The sooner legal guidance is sought, the better the chances of preserving evidence and building a strong case. Davis & Davis is here to guide you through this process with care and dedication.
What Happens If You Miss the Statute of Limitations to File Your Wrongful Death Claim?
Missing the statute of limitations for filing a wrongful death claim can have serious consequences. In Texas, the law typically allows two years from the date of death to file a claim. If this deadline is missed, the court is likely to dismiss the case, and you may lose the right to seek compensation altogether. This can mean that you and your family are unable to recover damages for medical expenses, funeral costs, and other losses associated with your loved one’s death.
However, there are some exceptions to this rule, such as cases involving minors or if new evidence comes to light that was previously undiscoverable. If you believe you’ve missed the filing deadline, it’s important to consult with a legal team as soon as possible to explore any potential options. At Davis & Davis, we can assess your situation and determine whether any exceptions may apply, helping you make an informed decision on how to proceed.
Importance of Hiring a Houston, Texas Wrongful Death Lawyer
Don’t try to handle the aftermath of a wrongful death claim alone. While you focus on spending time with surviving family and friends, let a dedicated Houston wrongful death attorney handle the hard parts of the case and get you one step closer to the compensation and justice your family deserves. This may include, but is not limited to, the following:
Recovering Adequate Compensation
Using the collected evidence to prove your loved one lost their life as a result of medical malpractice or negligence, we can work to ensure you receive the maximum economic and non-economic compensation for the following:
- Funeral expenses
- The cost of medical treatment your loved one received prior to their death
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Cost of lost wages your loved one would have contributed
It can feel overwhelming to try to assign a financial number to pain and suffering, but the team of lawyers at Davis & Davis is here to help estimate an appropriate number to adequately cover the extent of your losses.
Filing a Claim
Making the decision to file a claim for financial justice and compensation can be emotionally difficult. For clients navigating these complex emotions, Davis & Davis offers the following advice: if you believe your family member would have filed a personal injury claim had they not passed away from their injuries, then it is generally a good rule of thumb to file for a wrongful death claim.
The current statute of limitations for wrongful death claims in Texas is two years. This means typically you will have two years from the date the medical error occurred to file a wrongful death lawsuit to recover compensation on behalf of your loved one. There are exceptions to this rule, which your Houston, Texas wrongful death attorney can help you figure out. Our team can also help establish who is able to file a claim on behalf of the wrongful death victim. Of the surviving family, it is normally up to the individual identified as the personal representative in the last will and testament.
Legal Strategies and Evidence in Proving Medical Malpractice Wrongful Death
At Davis & Davis, our approach is methodical and evidence-based, focusing initially on the comprehensive collection of medical records which shed light on the treatment history and the pivotal moments leading to the wrongful death. These records are scrutinized alongside statements from witnesses, including healthcare staff and family members, to construct a timeline which highlights potential lapses in the standard of care.
The engagement of expert medical professionals is crucial, as these professionals help bridge the gap between legal theory and medical practice, offering clear insights into how and where the standard of care was not met, thereby establishing negligence.
Beyond the foundational evidence, our legal strategies at Davis & Davis are tailored to the nuances of each case. We understand no two wrongful death claims are alike, and as such, our approach is both flexible and innovative. If the case progresses to court, our attorneys adeptly navigate the legal landscape, using every piece of evidence to bolster our client’s case, ensuring the strategy we employ is perfectly suited to the unique circumstances at hand.
Contact a Houston, Texas Wrongful Death Lawyer Today
If your family member was fatally harmed because of a negligent medical professional or other party, contact a Houston, Texas wrongful death lawyer from Davis & Davis today. We are ready to fight for the outcome you and your family deserve with the compassion and knowledge necessary to win. Our people-first approach to the world of personal injury and wrongful death means you have access to support throughout the entirety of the process, all the way from the initial consultation to the final settlement.
To start the process today with a free case evaluation, please give us a call at (888) 522-9444 or fill out our contact form.
