Wrongful death cases are tragic and often devastating, leaving families with emotional pain and financial hardship. In Houston, a thriving metropolitan area with a high population density, a variety of accidents and incidents can lead to wrongful death claims. When someone’s death is caused by negligence, reckless behavior, or intentional misconduct, surviving family members have the right to seek justice and compensation through a wrongful death lawsuit.
In this blog, Hernandez Sunosky will explore the most common types of wrongful death cases in Houston, the legal grounds for these claims, and the potential avenues for compensation available to grieving families.
What Constitutes a Wrongful Death?
Under Texas law, a wrongful death occurs when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. To establish a wrongful death claim, certain legal elements must be proven:
- Duty of Care: The defendant owed the deceased a duty of care, such as driving safely or following workplace safety protocols.
- Breach of Duty: The defendant failed to meet that duty through negligent or reckless actions.
- Causation: The breach of duty directly caused the deceased person’s fatal injuries.
- Damages: The death resulted in financial and emotional losses for surviving family members, such as funeral costs, lost wages, and emotional suffering.
Common Types of Wrongful Death Cases in Houston
Houston’s large population, bustling industries, and active transportation networks contribute to a wide range of wrongful death incidents. Here are some of the most frequent causes:
Car Accidents
One of the leading causes of wrongful death in Houston is car accidents. With the city’s sprawling highways and heavy traffic, crashes are unfortunately common. Drivers who are distracted, intoxicated, speeding, or engaging in reckless behavior pose serious risks to others on the road. When a fatal accident occurs due to another driver’s negligence, the surviving family can file a wrongful death claim against the at-fault driver.
Wrongful death cases stemming from car accidents typically involve:
- Drunk driving accidents
- Distracted driving, such as texting while driving
- Reckless or aggressive driving
These claims can help families recover damages for medical bills, funeral expenses, lost wages, and the emotional toll of losing a loved one.
Workplace Accidents
Houston is home to many industrial sectors, including oil and gas, construction, and manufacturing. While these industries are vital to the economy, they also pose significant risks to workers. Workplace accidents, especially in high-risk fields like construction or offshore drilling, can lead to fatal injuries.
Common causes of workplace-related wrongful deaths include:
- Falls from heights in construction
- Explosions at oil refineries or chemical plants
- Defective machinery or equipment failures
- Exposure to toxic chemicals
In some cases, employers may be held accountable for failing to provide safe working conditions or proper training. Additionally, third-party contractors or equipment manufacturers may be liable if their negligence contributed to the fatal incident.
Medical Malpractice
When healthcare providers make critical errors, the consequences can be fatal. Medical malpractice occurs when a doctor, nurse, or healthcare facility fails to provide the standard of care expected in their profession, resulting in the patient’s death.
Examples of medical malpractice that can lead to wrongful death claims include:
- Surgical errors, such as operating on the wrong body part or leaving surgical instruments inside a patient
- Misdiagnosis or delayed diagnosis of a serious condition like cancer or heart disease
- Medication errors, such as prescribing the wrong medication or dosage
- Failure to monitor a patient after surgery or during childbirth
Families who lose a loved one due to medical malpractice can pursue compensation for their loss, which can help alleviate the financial burden while seeking justice for the victim.
Truck Accidents
Houston is a hub for commercial trucking, with countless 18-wheelers traveling through the area on a daily basis. Unfortunately, large trucks can be involved in catastrophic accidents due to their size and weight. Truck drivers, trucking companies, and other parties involved in the trucking industry may be liable for wrongful death if their negligence results in a fatal accident.
Common causes of wrongful death in truck accidents include:
- Driver fatigue from long hours behind the wheel
- Improperly loaded cargo that causes the truck to lose control
- Defective truck parts leading to mechanical failure
- Negligent hiring or failure to train drivers properly
Because truck accident cases are often complex and involve multiple parties, it’s important for families to seek legal representation to determine liability and pursue compensation.
Premises Liability
Property owners have a legal duty to maintain safe conditions on their premises. If a fatal injury occurs due to unsafe conditions, the property owner or manager may be held liable under premises liability laws.
Common scenarios that lead to wrongful death claims in premises liability cases include:
- Slip and fall accidents due to wet floors or uneven surfaces
- Drowning accidents in poorly maintained swimming pools
- Fire hazards or lack of proper fire safety measures in residential or commercial buildings
- Criminal activity resulting from inadequate security in places like parking lots, apartment complexes, or shopping centers
Surviving family members may seek damages from property owners for failing to address hazards that led to their loved one’s death.
Seeking Justice and Compensation for Wrongful Death in Houston
The emotional and financial impact of losing a loved one due to wrongful death is immense. Families face the burden of funeral expenses, medical bills, and the loss of income and companionship. Pursuing a wrongful death claim can help alleviate some of these burdens by providing compensation for:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and financial support
- Loss of companionship
- Pain and suffering
In Houston, surviving spouses, children, and parents of the deceased can typically file a wrongful death lawsuit. These claims must generally be filed within two years of the date of death, so it’s essential to act quickly.
Houston Wrongful Death Lawyers
At Hernandez Sunosky LLP, we understand the pain and challenges faced by families in the wake of a wrongful death. Our team is dedicated to helping families in Houston hold responsible parties accountable and secure the compensation they deserve. Contact us today for a free consultation.