Texas Wrongful Death Lawyer
A period of numbness and shock often follows the sudden death of a loved one. During this time, it is often impossible to fully understand what has happened. Many survivors want to know why their family member was taken from them, and there is often no good answer to this question. However, when a drunk driver, tired trucker, or negligent property owner takes an action—or fails to take action—that causes the death of an innocent person, the answer to that question may be that your loved one was killed because another person did not uphold his duty to keep others safe.
This person should be held accountable for his actions. A wrongful death lawsuit will not only hold him liable, but it could bring peace of mind to you and your family. A financial settlement will cover the expenses the death of your loved one has brought and replace the income that will no longer be there in the future. Our experienced attorneys will walk you through this difficult process. Not every death caused by an accident in Texas is a wrongful death, and we will give you an honest assessment of your situation.
What Is Wrongful Death In Texas?
According to the Texas state statute, a death may warrant a wrongful death action if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. In some cases the wrongful act is also a criminal act—such as with drunk driving or murder—and criminal charges may also be pursued. However, while criminal charges are filed by a prosecutor, wrongful death charges are filed directly by a family member against the negligent party. The only damages possible for a wrongful death claim are monetary, while criminal charges can result in jail time or other consequences. Sometimes, a wrongful death claim is pursued after a failure to convict a person on criminal charges.
Who Can File A Wrongful Death Claim?
In general, wrongful death claims may only be filed by those who can prove that they will suffer significant financial, emotional, and companionship losses because of the death. In Texas, this includes:
- A surviving spouse
- Children, including adult children, of the deceased
- Parents of the deceased
- Adopted children of the deceased
- Adoptive parents of the deceased
These parties may file a wrongful death claim individually or as a group. If none of these parties file a claim within three months of the death, a representative or executor of the deceased’s estate may file the claim, unless an immediate family member requests that a wrongful death claim not be filed.
Damages In A Texas Wrongful Death Claim
It is impossible to put a price on the loss of a loved one, but that is what wrongful death claims attempt to do. Some of the losses are easily quantified—such as lost income and benefits—while others are much harder to determine. An experienced wrongful death attorney will pursue all of the following damages:
- Lost earnings, including current income and potential earning capacity over the course of a normal lifetime.
- Lost inheritance, including what the deceased may have saved if he had lived a normal expected lifetime.
- Lost care and maintenance, including the services, support, advice, and counsel the deceased would have provided his family members had he survived.
- Pain and suffering, including mental and emotional anguish caused by the loss of the deceased.
- Loss of consortium, including love, companionship, comfort, and society.
In some Texas wrongful death claims, punitive damages may also be awarded. These damages are not intended to compensate the family for their loss, but to punish the liable party and to send a message to others about the seriousness of the wrongful act. Punitive damages are given to the wrongful death claimants.
Put Our Hard-working Granbury Firm To Work For You
At the Cain Law Firm, we understand the loss you feel with the death of your loved one and we will not push you to make decisions you are not yet ready to make. When we take a wrongful death claim, we offer our clients unwavering integrity and high moral character as we pursue justice for your lost loved one. You will be proud to have our lawyers on your team. If your loved one was killed by another person’s wrongful action in Granbury, Bedford or Fort Worth, call our office today to schedule your free, no-obligation consultation.
Medical Malpractice
Medical malpractice is a serious issue that can have devastating effects on patients and their families. When healthcare professionals fail to adhere to the standards of care expected of them, they may be held liable for any resulting injury or death caused by their negligence. The most common forms of medical malpractice include misdiagnosis or failure to diagnose, medication errors, surgical errors, birth injuries, and failure to obtain informed consent.
If someone dies due to medical malpractice, a wrongful death lawsuit can be brought against the negligent party. For a wrongful death suit to be successful, it must be shown that the victim died due to medical negligence and there were damages incurred as a result. Damages in these cases typically involve compensation for medical and funeral expenses, lost wages, and pain and suffering.
Any patient or family member who believes that they may have a potential medical malpractice case should contact an experienced attorney as soon as possible. An experienced lawyer can help to evaluate the facts of the case and determine if there is a valid claim to be made. It is important to keep in mind that time limits apply to filing these types of lawsuits, so it is best to act quickly. Taking legal action when appropriate could provide much-needed closure for those affected by medical mistakes.
Medical malpractice cases can be complex, and it is important to seek the advice of an experienced attorney. Doing so could provide much-needed justice in a difficult situation. It is important to remember that healthcare professionals are not perfect, and mistakes can occur, but when those errors lead to injury or death, holding the negligent party accountable is essential. Seeking legal help in these situations could help to ensure that no one must experience a similar tragedy again. Providing closure for victims and their families may also bring some peace of mind. In any case, seeking appropriate legal assistance is key in medical malpractice matters.
By doing so, you can ensure that your rights are protected and taken seriously. Additionally, it could help lead to a successful resolution in the case. Acting with the assistance of an experienced attorney could make all the difference.
Product Liability
Product liability laws exist to protect consumers from potentially dangerous and defective products and services. Under these laws, manufacturers of such items are responsible for any injuries that may occur because of their product or service. This includes both physical and emotional harm caused by the product or service. Additionally, companies may be held liable for economic losses that occur due to faulty products or services.
When an individual is injured from a defective product or service, they can take legal action against the company responsible for its creation under product liability law. To prove their case in court, victims must show that the manufacturer was negligent in either designing, manufacturing, selling, or marketing their product or service. Depending on the type of defect present in the item, the plaintiff may be able to receive compensation for medical bills, lost wages, and pain and suffering.
Consumers need to understand their rights regarding product liability laws. If you have been injured by a defective product or service, contact an experienced personal injury attorney who can help protect your rights and get you the compensation you deserve.
Product liability laws are in place to ensure that companies take the proper measures to make sure their products and services are safe for consumers. In cases where a company fails to meet these safety standards, it can be held accountable for any damage they cause. If you or someone you know has been injured by a defective product or service, it is important to seek legal counsel right away. An experienced attorney can help guide you through the claims process and make sure your rights are protected. Don’t wait any longer—act now and seek justice for the injuries caused by a defective product or service. The time to act is now!
Workplace Accidents
When an employee passes away due to a workplace accident, the situation can be both emotionally and financially devastating for their family and loved ones. In addition to emotional loss, there may also be financial implications for dependents left behind such as lost wages or medical expenses. In some cases, the responsible party(s) may be subject to civil litigation or criminal charges depending on the circumstances of the death.
When an employer is found to have failed in providing a safe environment for their workers, they may be held liable through negligence law or worker's compensation claims. It's also important that survivors know their legal rights following a wrongful death so that they can act if necessary. Resources such as legal advice from qualified attorneys, support services provided by the government, and advocacy organizations can all help survivors of workplace fatalities navigate their options.
By taking measures to ensure the safety of workers in the workplace, employers can help reduce the risk of workplace-related deaths or injuries. This could include properly training employees on safety protocols and procedures, providing protective equipment, when necessary, regularly inspecting work areas for potential hazards, and ensuring that hazardous materials are stored safely. These steps may help prevent future accidents from occurring at a job site and ultimately save lives.
No family should have to suffer the loss of a loved one due to an avoidable workplace accident. By promoting safety in the workplace and taking legal action when necessary, survivors can help ensure that those responsible for negligence are held accountable and that other worker remain safe.
The families of those who have lost their lives because of a workplace accident deserve justice, compassion, and understanding throughout this difficult time. Therefore, it is important to be aware of the rights afforded to survivors of workplace fatalities to seek financial restitution or other forms of compensation for medical costs or lost wages. Furthermore, employers must take responsibility for providing safe working conditions to prevent future accidents from occurring. By promoting safety in the workplace, employers can help reduce workplace-related fatalities and keep their employees safe.
No one should have to suffer the loss of a loved one due to an avoidable workplace accident. Knowing your rights as a survivor of a workplace fatality can help ensure that those responsible for negligence are held accountable and that other workers remain safe. Employers need to take responsibility for providing safe working conditions to prevent future accidents from occurring and promote safety in the workplace. In this way, we can work together towards protecting our workforce and keeping our families safe at work.
Motor Vehicle Accidents
To prove fault, a wrongful death case must demonstrate that there was a duty of care owed by the party responsible for the death, which was breached and caused harm or death. A breach can be established through relevant evidence such as witness accounts, police reports, medical records, and traffic laws violated. It is important to note that in some cases multiple parties may be at fault, meaning their negligence collectively contributed to the accident that resulted in the death.
Families dealing with wrongful deaths can face emotional distress in addition to considerable financial burdens due to medical bills and funeral expenses. Furthermore, the deceased’s family members may also miss out on income they would have received if not for the passing of their loved one. When these damages are proven, the surviving family may be able to receive compensation that can help bring some closure and financial stability.
Although no amount of money or justice can replace a lost loved one, these wrongful death cases can provide resources for families that have been adversely affected by a negligent act or omission. If you think your loved one’s death was caused by the negligence of another party, it is important to contact a qualified attorney as soon as possible. The legal team at ABC Law Firm has extensive experience in dealing with wrongful deaths and will work diligently to help you seek the justice your family deserves.
By consulting an experienced lawyer, you put yourself in the best position to understand your rights and how best to proceed with a wrongful death case. Do not hesitate to reach out – your loved one deserves justice, and our legal team is here to help you find it.
How Long Do You Have to File a Wrongful Death Lawsuit?
It is important to remember that the statute of limitations for wrongful death lawsuits may be shorter than two years in some states. If a loved one has passed away due to the negligence of another person or entity, it's critical to contact a lawyer immediately to protect legal rights and ensure any lawsuit is filed within the applicable period.
In some states, there are additional restrictions known as “discovery rules” which use the date that a family discovered the cause of injury as the basis for determining when a lawsuit must be filed. A knowledgeable and experienced attorney can provide you with more information on your state’s specific laws surrounding wrongful death claims and advise on what steps need to be taken next to seek justice for the deceased. Don’t delay in seeking legal representation, as time may be limited to file a wrongful death lawsuit. By working together with an attorney, you can ensure that the responsible party is held accountable and the rights of your loved one are protected.
