Personal Injury Law – What is Wrongful Death?
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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.
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