According to the Centers for Disease Control, more than 120,000 Americans
die from unintentional injuries suffered in various types of accidents
every year. Fortunately, the civil courts in Texas recognize the right
of the family to sue for the wrongful death of a loved one.
In order to file a successful claim for wrongful death, is necessary to
prove that the accident was caused by some type of careless, reckless,
or otherwise negligent or malicious conduct on the part of the other person.
In these situations, it is best to have a seasoned El Paso wrongful death
attorney on your side to help you gather evidence and establish liability
for your wrongful death claim.
Unfortunately, accidents happen all the time and always have the potential
to cause deaths. A majority of wrongful death claims are also
car accident claims, as more than 6 million accidents occur in the U.S. every year due to
how many drivers there are on the road, and how often we drive –
many drivers are on the road daily as they make their work commute.
Other common types of wrongful death claims include:
Slip and fall accidents: Slip and falls can instantly become fatal accidents when individuals
hit their heads or damage their necks or spinal cords. Common types of
slip and falls occur on wet pavements outside, liquid spills, torn carpet,
or on stairs without railings. Many slip and falls occur in offices and
other work sites.
Defective products: Though manufacturers are responsible for testing their products for safety
before they go to market, some products end up exhibiting signs of defects
after they’re in the hands of consumers, which can cause fatal injuries.
Common products cited in product liability cases include car defects,
unsafe pharmaceutical medications, and other toxic products.
Medical malpractice: Unfortunately, it’s not uncommon for physicians
to fail to diagnose patients or misdiagnose them so that they don’t
receive the treatment they need before the end up dying from their injuries
Wrongful Death Damages in Texas
The damages you can recover in a wrongful death claim can include full
compensation for medical expenses, such as ambulance rides, surgeries,
hospital stays, X-rays, prescription medication, and aftercare options
like physical therapy. Your claim can also include payment to replace
the lost income contributions which you could reasonably have expected
to receive in the present and future from the decedent. Furthermore, you
can receive noneconomic damages for pain, suffering, emotional anguish,
loss of consortium, and loss of companionship and society. In the event
that the accident was caused by gross recklessness, malice, or intentional
misconduct, you may even be able to receive punitive damages.
Who Can File for Wrongful Death?
States of their own laws that dictate who exactly can file a wrongful death
lawsuit on behalf of their loved one. In Texas, the parents, children,
and spouse of the deceased can file a claim. Children may file a claim
if they’re over 18. Siblings and grandparents of the deceased are
not allowed to file a claim.
Additionally, there isn’t a specific member that needs to file a
claim in Texas. Any of the mentioned individuals can file, or family members
can group together and file a joint claim if they choose. If no family
member files a claim within three months of the death, an executor can
file on behalf of the deceased’s estate.
We Can Help Your Family Fight for Justice
At Farah Law, our experienced wrongful death lawyers understand that the
loss of a loved one has widespread implications upon your family and everyday
life. If your family member's death should have been prevented, a practiced
El Paso wrongful death attorney from our injury team may be able to help
you recover financial compensation to help you offset the significant
economic burden of your loss.
We can help you seek justice for your emotional and financial losses by
providing your family with the experienced guidance and dedicated advocacy
you need and deserve.
Allow our legal tea to shoulder some of your burdens so you and your family
can grieve. Call us for a free consultation to discuss your case at
(915) 233-4297 today.