Personal Injury Law – What is Wrongful Death?

wrongful death
24 Oct by Steve M. Christensen

Personal Injury Law – What is Wrongful Death?

This Blog was brought to you by the J.A. Davis & Associates, LLP - Personal Injury Lawyers McAllen principal office in San Antonio

Personal Injury Law - What is Wrongful Death?

Have you experienced the death of a loved one? The death of a loved one can cause feelings of extreme anguish and mental trauma. If the death of a loved one is caused by another person, this anguish can be even more devastating! More about McAllen Wrongful Death Lawyers here “Wrongful Death” occurs when negligent acts or omissions (sometimes intentional acts) by another person, a business, or a government entity cause a person’s death. These are some examples of wrongful death situations: - An 18-wheeler truck driver who is busy on the phone while driving is failing to pay attention to his driving. If his inattention causes an accident that results in a fatality, then that driver could be responsible for the death of the person killed in that accident. - There may be dangers in the workplace causing the death of an employee. This could result in a wrongful death case against the employer or other parties if there was a negligent act or omission or some other fault of the employer or other party that caused the employee’s death. Spouses, children, and (sometimes) parents may have a wrongful death claim. Call now and you can speak with an experienced and qualified wrongful death attorney or wrongful death lawyer about your wrongful death case. Your call is free, and our highly experienced wrongful death attorney or wrongful death lawyer will be able to assist you in a wrongful death case!

What are Damages in a Wrongful Death Case?

Texas has a statute for wrongful death cases and damages. Typically, the law requires a person to be appointed to represent the estate of the deceased. This person would be the representative of the wrongful death case on behalf of the deceased person. There can be different categories of damages in a wrongful death case. These include medical expenses, lost income (including income earning capacity), pain & suffering, mental anguish, loss of companionship, love and affection, and maybe even “inheritance damages.” Analyzing damages in a wrongful death case requires analysis of many factors, such as the age of the decedent, occupation of the decedent, education levels, and other factors that could play a huge role in determining financial damages. If the deceased in a wrongful death case is a high-income earner, he or she might have a higher level of damages than in a wrongful death case where the deceased earns a lower income. There are situations where a person can seek punitive damages in a wrongful death case. The acts causing wrongful death must be proven to be extremely “egregious” or malicious. Exemplary damages also require a higher standard of proof. Even if the jury has approved punitive damages, the courts in Texas will generally have much stricter guidelines in approving punitive or exemplary damages. Your wrongful death case deserves the experience and professionalism that an experienced wrongful death lawyer or wrongful death attorney can provide. You can call toll-free and have a free initial consultation about your wrongful death case with one of our experienced wrongful death lawyers or wrongful death attorneys. Our attorneys offer a free initial consultation, and you pay no attorney fee or costs unless we recover money in YOUR wrongful death case.

What Are Some of the Causes of a Wrongful Death Claim?

Many causes of wrongful death may give rise to wrongful death lawsuits. A partial list is included to give some of the common causes of wrongful death claims. - Automobile/Car Accidents: Car accidents, including trucks, motorcycles, bus accidents, drunk drivers (or not drunk), and even train or pedestrian accidents! - Work Accidents: The category of “work accident” is broad and includes construction accidents, heavy equipment accidents, and industrial accidents. These accidents can include “explosions” at the workplace, faulty equipment, fires, or even product liability! - Premises Liability: Premises liability is when the death occurs on a property in circumstances that make a property owner liable. - Dramshop Liability: A bar owner can be held liable if someone is served too much alcohol on the bar’s premises and this results in the death of the person drinking, or others. - Negligent Supervision: If death occurs as a result of those in charge not properly supervising a minor, or someone considered “Mentally Unfit”, this is Negligent Supervision, which can result in a wrongful death case. - Medical Malpractice: Medical Malpractice is another broad category that (generally) indicates that the death of the individual has resulted from misdiagnosis of an individual, or perhaps poorly executed treatment or medical procedure. - Criminal Attacks: wrongful death claims arise in cases of Murder or Manslaughter. Do you have further questions about a wrongful death case? We have an experienced wrongful death attorney standing by, ready for your phone call. The call is free. The attorneys provide free consultation on all wrongful death cases, and you do not pay any attorney fees or any costs unless we recover money for the client in a wrongful death case. Are There Time Limitations To Bring a Wrongful Death Case? Generally, claims in a wrongful death case have to be brought within 2 years from the date of death. There are instances, however, when more than 2 years have elapsed since a person’s death, but some exceptions allow bringing a suit past this 2-year deadline. Never automatically assume that your right to file a suit has been waived, because of this 2-year “deadline.” Always consult with a wrongful death lawyer for guidance. If you, your family members, friends, or acquaintances find yourselves in circumstances involving the wrongful death of a family member or loved one, please give us a call. The experienced wrongful death attorneys at our Law Firm can help evaluate your case, and advise you on paths to explore in your pursuit of justice. We will fight for YOU! THAT’S a promise! Speak directly to a wrongful death attorney on standby 24 hours a day, seven days a week at our Law Firm. The call and initial consultation are free and we look forward to helping you with your wrongful death case or questions you may have about wrongful death. Please Find Some Great Articles On These Google Pages https://docs.google.com/drawings/d/1x1EUbKrplUwAe_2pHLukKjcl9OEXv6mtUlZs3RoZA2Q/ https://docs.google.com/document/d/1tF0vpUzQ-UWztYP9tM1VGaHnzGDrCOugkPlHGtfghVk/ https://docs.google.com/document/d/19Dz3GqzbtsPgBXM0cF7o1yM6PpxSFC3jliveDa1v4Y4/ https://docs.google.com/document/d/1ISPOoYZvXcdryy0SrfEBx3-046Hdd6dkFSvM5SWU7lA/ https://docs.google.com/document/d/1o4ftemDfdKZtuLt72zLMQ8-5Y87d3CAOVqT4Gg2D30w/ https://docs.google.com/document/d/1Puyd8NqRhTspVVYNIyBMznIJONN0JycyZIGB-2RNG4k/ https://docs.google.com/document/d/1FzDKHlnZui1YjXMQhXzcvV5Wk58h9nzCYUoBXMxzdt8/ https://docs.google.com/document/d/17V6SGP19JbMcdKUMMJrwZF_trNkVCcNpl5nqGoxRUmE/ https://docs.google.com/document/d/1f6MrTMCEh4tPowjvuI4ftbDCjQ-ymv9CEM15sPWUEWw/ https://docs.google.com/document/d/18vlJLymzDJERzBEBmeA2wwCAmUDSkRgHgvsrllCLMlI/ https://docs.google.com/document/d/16nlEVMJgCmURE-DAz7eno6wxB87v3WqziJ7DQ0WHFTQ/ https://docs.google.com/document/d/1cgyaHJG2gDc7i7UedZkcCheHuPMWAWDEP6HDCaJDyvc/ https://docs.google.com/document/d/1o4ftemDfdKZtuLt72zLMQ8-5Y87d3CAOVqT4Gg2D30w/
Car Accidents
15 Jul by Steve M. Christensen

Personal Injury Law: Car Accidents-Neck Injuries

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Car Accidents and Neck Injuries: Understanding the Impact

Car accidents can have devastating consequences, and one of the most common injuries sustained in these accidents is neck injuries. The forceful impact and sudden jolts experienced during a collision can cause significant trauma to the delicate structures of the neck, resulting in various types of neck injuries. Understanding the impact of car accidents on the neck is crucial for both victims and those seeking to prevent such injuries. More about our Car accident lawyer in San Antonio here Whiplash is the most frequently reported neck injury in car accidents. It occurs when the head is forcefully jerked back and forth due to the sudden deceleration or impact of the collision. Whiplash can lead to sprains or strains in the neck muscles and ligaments, causing pain, stiffness, and limited range of motion. Additionally, the discs, nerves, and vertebrae in the neck can also be affected, resulting in more severe symptoms such as radiating pain, headaches, dizziness, and numbness or tingling in the arms. Cervical fractures, also known as broken necks, are another type of neck injury that can occur in car accidents, especially in high-speed collisions or accidents with a significant impact. These fractures can range from minor cracks in the vertebrae to more severe fractures that may require surgical intervention. Cervical fractures can have serious implications, including spinal cord damage and paralysis, depending on the location and extent of the injury. Herniated discs are yet another common neck injury in car accidents. The force exerted on the spine during a collision can cause the discs, which act as cushions between the vertebrae, to bulge or rupture. When a disc herniation occurs in the neck, it can lead to localized pain, numbness, weakness, and radiating symptoms down the arms. It is important to seek immediate medical attention following a car accident, even if there are no visible signs of injury. Some neck injuries, such as whiplash, may not manifest symptoms until hours or even days after the accident. Prompt medical evaluation can help diagnose and document any injuries, providing a foundation for necessary treatment and potential legal claims. Treatment for neck injuries resulting from car accidents often involves a combination of conservative measures and, in severe cases, surgical intervention. Conservative treatments may include pain management techniques, physical therapy, chiropractic care, and the use of supportive devices such as neck braces. Surgery may be required to repair fractures, herniated discs, or other serious neck injuries. If you have suffered a neck injury in a car accident due to the negligence or recklessness of another party, it is crucial to consult with a personal injury attorney experienced in handling car accident cases. They can help you understand your legal rights, navigate the complex legal process, and pursue compensation for medical expenses, lost wages, pain and suffering, and other damages related to your neck injury. Prevention is key when it comes to neck injuries in car accidents. Wearing seatbelts correctly, adjusting headrests to the appropriate height, and ensuring that vehicles are equipped with properly functioning airbags and safety features can significantly reduce the risk of severe neck injuries. Safe driving practices, adherence to speed limits, and maintaining a safe distance from other vehicles can also help minimize the chances of being involved in a car accident and sustaining a neck injury. In conclusion, car accidents can lead to various neck injuries, including whiplash, cervical fractures, and herniated discs. Seeking immediate medical attention and legal guidance is crucial if you have sustained a neck injury in a car accident. By understanding the impact of car accidents on the neck and taking preventive measures, we can strive to reduce the occurrence and severity of these injuries on our roads. Our Location:
Blog Posts
1 Jun by Steve M. Christensen

Personal Injury Attorney | Wrongful Death Claims

Personal Injury Attorney | Wrongful Death Claims

It is a devastating tragedy to lose someone in an accident or other unexpected disaster. As events begin to sort out and the discovery is made that your family member died unnecessarily, you may want to seek legal counsel with a personal injury lawyer. Vehicle accidents involving intoxicated or impaired drivers, out-of-the-ordinary complications from medical treatment, criminal abuse with nursing home care, dangerous activities in the workplace, and many other unfortunate scenarios may result in wrongful death. You and your family members have rights. Depending on the careless actions committed by involved participants or the alarming negligence of a managing authority, you have protections under the law and may be entitled to compensation for your loss.wrongful death lawyers

The personal injury lawyers at our Law Office are dedicated to helping individuals exercise their rights to seek compensation within the standards of the law. We assist victims in understanding their rights to bring monetary justice against those who have caused the wrongful death of a loved one. Every situation is dramatically different and requires a skillful application of the law. We are compassionate and understand the pain you may be feeling, but our focus is to help you recover from your loss. We strive to follow any and all appropriate legal routes in order to get favorable results on your behalf, so do not hesitate to give us a call as soon as possible.

What if a fatal accident happened in the workplace? If you have lost a loved one in a work-related accident, you may have the opportunity to pursue compensation in one of two ways: workers' compensation benefits or a negligence lawsuit. In the state of Texas, employers are not required to provide their employees with workers' compensation insurance. This does not mean that all businesses choose not to, however, so you should not hesitate to find out what options are available to you. If your family member was afforded these benefits, you may be able to secure compensation for lost income and burial expenses. If you can prove that the accident was caused by someone else's negligence, however, you may have grounds to pursue a wrongful death lawsuit against the responsible party.

Contact a personal injury lawyer as soon as you can! If a loved one has died and you are unsure if you may be able to file a wrongful death lawsuit, you should schedule a free consultation with a wrongful death lawyer at our firm immediately. We will be able to review and evaluate the circumstances leading up to and causing the death of your family member. You may find it helpful to receive sound legal information. You may also decide to pursue legal action. If you do, we are here for you. To take the first step, all you have to do is pick up the phone and contact the firm for your free initial consultation. From there, we can advise you on a subsequent course of action, so do not hesitate to get started today.