One of Houston’s leading wrongful death lawyers is here to help you & your family.
Everett Day is a compassionate, experienced wrongful death lawyer serving the Greater Houston area. His team of fellow attorneys and staff have helped numerous clients secure fair settlements in wrongful death cases. Most important, however, are Everett’s efforts to give his clients peace of mind with competent and attentive legal representation. Everett Day & Associates want you to know that if your family has been affected by the wrongful death of a loved one, we can help.
Take the first steps towards filing a wrongful death claim.
It is always painful to lose a loved one. However, it becomes even more difficult when the loss is due to the negligence or intentional act(s) of another person. Your family is now left to deal with the legal and financial ramifications of your loved one’s wrongful death. As you and your family grieve and work to move forward, it is important to consider what your next steps should be.
As one of the most effective wrongful death lawyers in the Houston area, Everett is prepared to work with you and your family throughout this difficult process. Everett handles wrongful death claims throughout the entire Houston metropolitan area, including Houston, Pasadena, Pearland, Galveston, Katy, and The Woodlands.
Understanding how a wrongful death lawyer in Houston can manage your claim
Who can file a wrongful death claim?
Texas law dictates that wrongful death claims may be filed by the victim’s immediate family members, defined as surviving spouses, surviving children, and surviving parents. In most situations, other family members such as siblings and cousins, as well as romantic partners, do not have the right to file a claim.
In addition, the decedent’s estate can also bring a wrongful death claim. The administrator or representative can file a wrongful death claim if (a) if only 3 months have passed since the victim’s death and (b) none of the above listed family members have filed a claim themselves. Nevertheless, there are exceptions to these rules and other means of procuring compensation, including survival action.
Everett’s track record as a wrongful death lawyer of holding liable parties responsible speaks for itself. He has the experience to handle your family’s case with the care, attention, and detail you expect from an experienced personal injury attorney.
What are the grounds for filing a wrongful death lawsuit?
As above, Texas law states that immediate family members and the decedent’s estate can bring forth a wrongful death claim if another party’s—individual, employer, company, and so forth—wrongful act, negligence, or defect caused the victim’s death.
Wrongful deaths may result from a wide range of incidents, accidents, and injuries involving:
- Car accidents
- Heavy truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
- Slip & fall accidents
- Injuries at work
- Defective and poorly designed products
- Assaults
- Neglect and abuse by caregiving personnel or facility
Everett Day & Associates will assess your situation.
What type of damages can a wrongful death lawyer help you recover?
In a claim, Houston’s wrongful death lawyer Everett Day & his team will try to recover losses and damages such as:
- Funeral & burial expenses
- Final medical costs
- Pain and suffering experienced by the victim before death
- Loss of financial support
- Compensation for future services
- Loss of companionship, guidance, and/or parental training
Texas does have a statute of limitations for wrongful death lawsuits.
Texas laws do specify a statute of limitation for filing a wrongful death lawsuit. As a general rule, you have two years to file your wrongful death action, and that timeline begins on the date of death. Because wrongful death claims are very complex and involve numerous parties, including the individual directly responsible for your loved one’s wrongful death, this process may go on for an extended period of time.
No wrongful death claim is the same, and your situation may portend different results. Nevertheless, it is still important to pursue the compensation that you may be legally entitled to receive. Wrongful death lawyer Everett Day is here to guide you through the entire process.
Before filing a wrongful death claim, make sure you do the following.
There are a few steps you have to take before filing a wrongful death claim in Texas. These steps include:
You must obtain a death certificate that documents the date and cause of death.
This can be obtained from the county clerk where the victim passed away. You can also request a death certificate from the Texas Department of State Health Services.
You must determine if the victim left a will.
The victim’s will identify the executor or personal representative of the state. The designated individual can file a wrongful death claim, survival action, or both on behalf of the victim and the victim’s family. In the absence of a will, the courts will name a representative of the estate.
The victim’s death must be investigated.
To have a successful wrongful death claim, the claim must demonstrate how defendant’s negligence, defectiveness, and/or wrongful act was directly responsible for the victim’s death. Once you retain the services of wrongful death lawyer Everett Day, his team will begin gathering evidence including police reports, witness accounts, photos, medical records, and any other evidence that can prove your claim.
Before a claim can be filed, eligible survivors & family members must be identified.
This is due to Texas law limiting who and who cannot file a wrongful death claim.
All losses that have been suffered by the victim & the family must be documented.
In your wrongful death claim, you must explain to the courts what losses and harms you and your family have suffered in the event of the untimely and wrongful death of the victim.
The first step is to talk to Everett Day, one of Houston’s leading wrongful death lawyers.
Wrongful death claims are extremely complex and almost always require the guidance of a wrongful death lawyer. Everett is here to provide guidance, support, and effective legal representation during this difficult process.
Call Everett today at 713-640-5875 or click here to contact Everett via email. Everett Day & Associates is standing by, ready to fight for you and your family.
