Wrongful Death FAQs
Losing a loved one due to someone else’s negligence is devastating, and it’s natural to have many questions about what comes next. If you're considering a wrongful death claim, understanding your rights can help you take the next steps toward justice and financial compensation. The wrongful death lawyers at the Cain Firm have listed answers to common questions about wrongful death cases, including who can file, what damages may be available, and how the legal process works. If you don’t find the answers you need, feel free to contact us directly—we’re here to help.
- What is wrongful death?
- What are common causes of fatal accidents in Texas?
- How can you prevent fatal accidents?
- What do I do after a fatal accident?
- How is liability determined in fatal accident cases?
- Who can be held liable In fatal accident cases?
- How to minimize the possibility of fatal car accidents in the state of Texas?
- How can a Texas personal injury attorney assist in a fatal accident case?
- How long do I have to file a wrongful death lawsuit?
- What are the laws regarding who can file a wrongful death claim in Texas?
- What types of damages are available in a wrongful death claim?
- Why should you contact the Cain Firm about filing a wrongful death claim in Texas?
- Who can file a wrongful death lawsuit in Texas?
- Who cannot file a wrongful death lawsuit?
- How are damages calculated in wrongful death compensation?
- What are the different types of wrongful death compensation?
- What are the factors that influence monetary damage?
- How can a wrongful death lawyer help?
- How to prove someone causes a loved one’s death
- What are the four elements of proving a wrongful death case?
What is wrongful death?
Wrongful death is a specific claim that is filed against a defendant who has caused someone’s death either negligently or through intentional harm. Wrongful death claims are usually filed by a representative of the estate on behalf of the surviving family members and/or other affected parties. Wrongful death claims may be the result of various wrongful acts or omissions. However, one of the most common wrongful death claims results from motor vehicle accidents.
According to the Texas Department of Transportation statistics, based on reportable crashes in 2017: 1 person was killed every 2 hours 21 minutes, 1 person was injured every 2 minutes 4 seconds and 1 reportable crash occurred every 59 seconds. In addition, in 2017, there were 1,024 people killed in motor vehicle traffic crashes where a driver was under the influence of alcohol. While these statistics may be staggering, wrongful death claims are not limited to automobile accidents. Wrongful death claims may be based upon any wrongful act or omission that results in the death of another person.
What are common causes of fatal accidents in Texas?
Fatal accidents in Texas occur for a variety of reasons, many of which are preventable. Motor vehicle collisions, pedestrian fatalities, and motorcycle crashes account for the majority of fatal incidents in the state. Understanding these common causes can help individuals take precautions to stay safe.
- Motor Vehicle Collisions – The leading cause of fatal accidents in Texas, motor vehicle crashes make up over half of all roadway deaths. Common factors include distracted driving, speeding, and reckless behavior among passenger vehicles and trucks.
- Pedestrian Fatalities – Nearly a quarter of all traffic-related deaths in Texas involve pedestrians. These accidents often occur due to drivers failing to yield, distracted driving, or poor visibility at night.
- Motorcycle Crashes – With minimal protection compared to cars, motorcyclists are at a high risk of fatal accidents. Each year, over 300 riders lose their lives in Texas, often due to lack of helmet use, speeding, or driver inattention.
- Drowning, Fires, and Falls – In addition to roadway accidents, drownings, fires/explosions, and falls are also major causes of fatal injuries in Texas. Workplace hazards, unsafe conditions, and negligence can contribute to these tragedies.
How can you prevent fatal accidents?
Staying alert and following safety measures can reduce the risk of fatal accidents:
- Always wear a seatbelt while driving.
- Pedestrians and cyclists should obey traffic signals and stay aware of their surroundings.
- Motorcyclists should wear helmets and practice defensive riding.
- Avoid reckless driving behaviors such as speeding and distracted driving.
What do I do after a fatal accident?
If an accident occurs, taking the right steps is crucial:
- Call 911 immediately to report the accident and request emergency assistance.
- Provide medical aid if possible until emergency responders arrive.
- If the accident was caused by someone else’s negligence, contact an experienced attorney to protect your rights and seek justice.
How is liability determined in fatal accident cases?
Under Texas law, any person whose wrongful act, neglect, carelessness, unskillfulness, or default causes the death of another can be held responsible for a wrongful death. In a fatal accident case, liability is determined by examining all the facts and circumstances of the incident. To do this, it is necessary to analyze the negligence or fault of each party involved in the crash. In Texas, negligence is based on four basic elements: duty of care, breach of duty, causation, and damages.
Duty of care means that everyone has a responsibility to act with reasonable care around others to avoid causing foreseeable harm or injury. Breach of duty occurs when one person fails to meet their duty of care obligation and causes an injury as a result. Causation looks at whether a breach of duty was the cause of an accident or injury. Finally, damages refer to any monetary compensation awarded for an injury or loss.
When assessing liability in a fatal accident case, all these elements must be taken into consideration and weighed against one another. It is important to note that multiple parties may be at fault for the same incident. Each person’s negligence or fault will be evaluated separately to determine whether any party is liable for the death.
A person facing criminal charges in connection with a fatal accident may still be found negligent in civil court proceedings, meaning they are responsible for damages related to the victim’s death even if they are not convicted of a crime.
If you have been involved in a fatal accident and need help determining who is liable, it is important to contact an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and options, as well as represent you in any court proceedings related to the accident.
Ultimately, liability in a fatal accident case is determined by looking at all the facts and circumstances of the incident and evaluating each party’s negligence or fault. With proper legal representation, it is possible to seek justice for a loved one who was involved in a fatal accident.
Who can be held liable in fatal accident cases?
In the state of Texas, parties that can be held liable in a fatal accident case depend on the type of incident. If a person was responsible for another’s death due to their negligence or recklessness, they may be found liable for damages caused by their actions. This could include reckless driving, failing to follow safety protocols in an industry such as construction or medicine, and using defective products.
When it comes to driver liability, any negligent party – including the driver at fault, owner of the vehicle, employer (if applicable), and manufacturer (in certain cases) – may be found liable if there is evidence proving negligence on their part. For example, if a drunk driver was operating a company car while under the influence and caused a fatal crash, then the company may be held accountable for their employee’s negligence.
In cases of defective products, parties such as the designer, manufacturer, or distributor could be liable if it is found that they have failed to provide a safe product or follow industry safety protocols. Other parties such as suppliers and retailers can also be held liable in certain cases if it is found that they did not exercise due care when marketing or selling a product.
Finally, in medical malpractice cases involving fatalities, the doctor or other medical professional providing treatment may be held accountable for their negligence in following industry standards of care.
This could include failing to diagnose a life-threatening illness properly or prescribing an incorrect medication regimen. In addition to the medical professional, the hospital or clinic they work for may also be found liable if it is proven that they failed to provide adequate training or supervision of their employees.
Overall, any party that can be proven negligent in a fatal accident case in Texas could be held liable. To receive damages for wrongful death, it is important to have knowledgeable legal assistants who understand the nuances of personal injury law and how it applies in these types of cases.
In addition, the estate of the deceased may also be able to pursue a wrongful death suit against any parties found liable for causing the death. In these cases, surviving family members can claim compensation for their loss. This could include damages related to medical bills, funeral costs, lost wages, and other economic losses suffered by the deceased’s loved ones due to their passing. Punitive damages may also be sought if it is determined that a party acted with malice or gross negligence in causing the fatal accident.
It is important to remember that laws governing liability in wrongful death cases vary widely from state to state, so it is wise to consult an experienced lawyer to ensure the best possible outcome for your case. A skilled attorney will be able to help you determine who may be held liable and how to pursue them for damages related to the death of a loved one. Many parties can potentially be held liable for a fatal accident in Texas. Depending on the type of incident, this could include the driver at fault, owner of the vehicle, employer (if applicable), manufacturer (in certain cases), designer, distributor, suppliers, retailers, doctor, or other medical professional providing treatment as well as their hospital or clinic they work for.
It is important to consult an experienced legal professional to understand which party may be held accountable and what steps need to be taken to ensure the best possible outcome.
How to minimize the possibility of fatal car accidents in the state of Texas?
One of the best ways to minimize the chance of fatal car accidents in the state of Texas is to understand and follow Texas traffic laws. When driving, always be aware of your speed, watch for any sudden stops or lane changes from other drivers, and stay within posted speed limits. Additionally, make sure you use your turn signals before changing lanes, keep a safe distance between you and other cars on the road, and don’t drink or text while driving.
It’s also important to always stay alert when behind the wheel to avoid collisions. Keep your eyes open for pedestrians crossing streets or roads without paying attention to traffic signals, cyclists who may not obey stop signs or yield signs, and animals that could cross suddenly into your path. Additionally, be aware of weather conditions and drive accordingly – for example, reduce your speed in rainy or icy conditions to help ensure safety.
Finally, keep up with regular auto maintenance. Make sure you have the proper fluids and tire pressure levels checked regularly and that all headlights, brake lights, turn signals, and windshield wipers are working properly. These simple but important steps can make a huge difference when it comes to avoiding accidents on the road in Texas. By following these tips, you can help ensure a safe and enjoyable driving experience every time you get behind the wheel.
How can a Texas personal injury attorney assist in a fatal accident case?
When a fatal car accident occurs in Texas, an experienced personal injury attorney can help the victim’s family members determine their legal rights and options. This may include filing a wrongful death lawsuit against the at-fault driver or other liable parties. The primary goal of this type of lawsuit is to obtain financial compensation for medical bills, funeral expenses, lost wages (for loss of income due to the deceased’s premature death), and emotional damages such as pain and suffering.
In addition to helping families determine their rights and take legal action, a skilled lawyer can also assist with insurance claims and settlements. Many times, victims’ families are unaware that they have a right to file an insurance claim directly with the at-fault driver’s insurance provider to cover medical bills and other damages.
By understanding how the Texas insurance system works, a lawyer can ensure that victims’ families are not taken advantage of by the insurance company and receive fair compensation for their losses.
Finally, an experienced personal injury attorney in Texas will also provide invaluable emotional support during this difficult time. Not only do they handle the legal aspects of the case, but they can also provide families with guidance and compassion throughout the process as they try to move on from this tragedy. Through their help and expertise, lawyers strive to obtain justice for their clients so that they can begin to heal from their loss.
Overall, a Texas personal injury attorney can play an indispensable role in a fatal accident case. They provide families with legal representation and the support they need to navigate this difficult situation and obtain justice. With their help, victims’ families are assured that their rights will be protected and they will receive fair compensation for their losses.
How long do I have to file a wrongful death lawsuit?
When a loved one dies, it is a terrible time for everyone in the family. The fact that the loved one died because of someone else’s negligence makes the grieving process even worse. In Texas, a loved one has the right to file a wrongful death claim. A wrongful death is any type of death caused by neglect, wrongful act, unskillfulness, or carelessness.
Texas gives a family member a limited amount of time to file a wrongful death claim. The time frame is called the statute of limitations. The statute of limitations for a wrongful death claim is normally two years. This means the family member has two years from the date of their loved one’s death to file a wrongful death lawsuit.
If that deadline is missed, the family member cannot file a lawsuit in court. Instead, they are responsible for any expenses, such as funeral and burial expenses related to their loved one’s death.
What are the laws regarding who can file a wrongful death claim in Texas?
In addition to limiting the time to file a wrongful death lawsuit to two years, the state limits who can file. Only the surviving spouse, parents, and children of the loved one can file a wrongful death claim. One of these people may file by themselves. Texas law also permits the family to file one lawsuit together.
If the family members choose not to file a wrongful death lawsuit within three months of their loved one’s death, a personal representative can do so. An executive or personal representative is someone who represents the loved one’s estate. The law is also specific on which child can file a wrongful death claim.
For example, an adult child can file a wrongful death lawsuit. An adopted child can only file a wrongful death lawsuit if they were legally adopted by the parent. An adopted child has no legal right to file a wrongful death claim if their biological parent was killed by someone because of negligence. The loved one’s siblings are not permitted to file a wrongful death claim. It doesn’t matter if they were adopted or biological.
What types of damages are available in a wrongful death claim?
A wrongful death claim seeks to compensate a family member for the loss of their loved one. It is similar to financial justice because the family member may have lost a loved one who was the breadwinner in the family. For example, in Texas, a family member can receive pecuniary loss. Pecuniary loss is money for the support, care, maintenance, the loved one would have contributed if they weren’t killed by the defendant. Loss of companionship and inheritance are also available damages. Mental anguish a family member suffers because of the loss of their loved one is available, too.
Why should you contact the Cain Firm about filing a wrongful death claim in Texas?
The experience of losing a loved one is terrible. The fact they won’t be around for the good times like weddings and graduations makes the loss even more devastating. Families who have had loved ones killed because of Someone’s negligence can file a wrongful death claim. At the Cain Firm, we have helped numerous people with personal injury cases achieve outcomes in their favor.
Who can file a wrongful death lawsuit in Texas?
There is no question that the loss of a loved one can affect many people. When it comes to legal territory, if the passing of your loved one was due to the negligence or wrongdoing of another individual, it could be even more disheartening. There could be a flood of emotions present, including anger and a need for the responsible party to be held accountable. If that is the case, there might be whole families who want to file a wrongful death lawsuit against the person responsible. However, in Texas, it is important to understand just who can and cannot file a wrongful death lawsuit. Consider the following factors:
Spouse of the deceased
- Legally married spouses can file a wrongful death claim.
- Common-law spouses can also file if they can prove the validity of their marriage (e.g., witnesses confirming they presented themselves as married).
Children of the deceased
- Biological and legally adopted children can file, regardless of age.
- Children born out of wedlock can file if legal parentage is established.
- Adopted children cannot file for a biological parent.
Parents of the deceased
- Both biological and adoptive parents can file.
- Parents who had their parental rights terminated cannot file.
- Eligible family members may file individually or as a group.
Who cannot file a wrongful death lawsuit?
Generally, the siblings, grandparents, ex-spouses, and anyone else other than the above listed cannot file a wrongful death case. The only exceptions to this rule would be if one of these individuals were either appointed personal representative or executor of the deceased person’s estate. This would also only apply if those who are allowed to file a wrongful death suit have not done so on their own accord.
How are damages calculated in wrongful death cases?
Individuals who have lost a loved one due to the negligent actions of another party may be entitled to financial compensation from the negligent party. Statute section 71.001 defines wrongful death in Texas as a death that is caused by the carelessness, default, neglect, or wrongful act of another person.
Spouses, children, and parents of individuals who have lost their lives under the conditions outlined by statute 71.001 are eligible to file wrongful death claims in Texas. Potential defendants can be persons, corporations, or government entities.
What are the different types of wrongful death compensation?
Loved ones filing wrongful death claims can seek financial remedy for a variety of damages incurred. These damages, for the most part, are included under the categories of economic, non-economic, and punitive.
Economic Damages
- Expected earnings of the deceased
- Estimated inheritance from the deceased
- Benefits of the deceased party, including medical coverage and pension plans
Goods and services that would have been provided by the deceased
All medical and funeral bills related to the demise of the deceased individual
Non-Economic Damages
- Loss of care, training, nurturing, or guidance
- Mental suffering
- Physical pain
- Loss of love and companionship
Punitive Damages
Punitive damages are a way to punish the offending party while providing a deterrent to the future behavior of others that could cause a similar tragedy. These damages can be awarded by a court when a liable party is found to have acted with a high degree of recklessness or irresponsibility. The award amounts for punitive damages in wrongful death lawsuits can vary widely and is dependent upon the nature of the offense committed and the jurisdiction governing the matter.
Attorney Fees
The court may also allow for all or part of the fees paid to attorneys by an individual pursuing a wrongful death claim to be returned as part of awarded damages. This includes interest accrued from the moment attorney payments began.
What are the factors that influence monetary damage?
The problems that exist when seeking to assign a monetary value to the life of a human being is obvious. However, this is necessary to determine proper compensation for individuals filing wrongful death suits.
A number of factors are used to calculate the monetary damages in a wrongful death suit. Among these factors are:
- The earnings potential of the deceased
- The age of the deceased at the time of death
- Training and Education possessed by the deceased
- The health of the deceased prior to death
- Age and circumstances of the dependents of the deceased
- Total value of lost benefits
- Medical bills of the deceased
- Funeral expenses
How can a wrongful death lawyer help?
Wrongful death claims can be extremely difficult for families. Not only must the family deal with their emotional grief over the wrongful death of their loved one, but they may also be affected financially by the loss of their loved one, the loss of their loved one’s income, and medical and funeral expenses, just to name a few. In addition, navigating a claim for Wrongful Death can be extremely stressful and difficult. Without an experienced attorney, wrongful death claims can be a very complicated legal process, which can often take a physical toll on the family of the deceased person. Consequently, having experienced attorneys to help you with your wrongful death claim is critical.
The experienced wrongful death attorneys at the Cain Firm have the experience, knowledge, and resources to help you pursue justice for your loved one, as well as compensation for the losses suffered as a result of the wrongful act or omission. Through compassionate yet aggressive representation, our attorneys have helped hundreds of clients in the North Texas area. While we cannot guarantee specific results, the Cain Firm has a track record of obtaining superior results by aggressively and skillfully representing our clients. Our lawyers have successfully handled a broad range of wrongful death cases.
If you have lost a loved one as a result of any wrongful act or omission, you may have a claim for wrongful death. To learn more about how the Cain Firm can help you, contact our team today for a free consultation.
How to prove someone causes a loved one’s death
In a wrongful death case, the person bringing the lawsuit isn’t the victim but a personal representative acting on behalf of the victim’s family. While that fact differentiates a wrongful death case from other types of personal injury cases, they are all governed by tort law. This means a plaintiff in a wrongful death case must be able to prove the same four elements of a personal injury lawsuit but with minor variations.
What are the four elements of proving a wrongful death case?
- Duty of Care: The first of the four elements in a wrongful death case is showing that the defendant owed a duty of care to the decedent. This means showing that the defendant was legally responsible for acting in a manner that would ensure the safety of the decedent. This might be something as simple as establishing a store owner’s responsibility to keep store floors clear of spills and debris.
- Breach of Duty: Next, the plaintiff must show that the defendant breached that duty. This can involve acting in a manner that increases the risk of harm or in neglecting to act to prevent harm. Using the same example, perhaps the store owner saw the spill and neglected the responsibility to instruct their employees to clean it up.
- Causation: The third element is causation, which means proving that the breach of duty was directly responsible for the harm caused to the decedent. If the decedent slipped on the spill and left unharmed, only to be run over by a truck at a nearby intersection, the store owner isn’t liable for that wrongful death. However, if the decedent slipped on the spill and hit his head on the corner of a countertop as he fell, the store owner would be responsible for causing the injuries or death of the individual.
- Damages: This is another area in which a wrongful death case varies from other personal injury cases. Proving damages means showing how family members (spouse, minor children, elder parents) have been financially affected by the death of the individual. This is a complex area of the case, and this is why it’s especially important to rely on an experienced personal injury attorney, such as Brett Cain, to establish your case. Your attorney will know what factors to present in court that will show the losses suffered by the family.
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