Almost every minute, someone loses a loved one due to an accident. Accidents could be inevitable but putting in place some measures, e.g., some regulatory safety measures by the federal or the state governments can help minimize the accidents. Accidents are of a different nature and magnitude, often resulting in injury or loss of family members, colleagues, friends, just to mention but a few.
They, therefore, could occur due to road accidents, industrial equipment malfunction, in hospitals due to medical malpractice, fall or crush accidents in construction sites, an airplane crash or in any other facility. When they occur, and a person dies, the survivors often feel the loss, both emotionally and materially. Although people didn’t view this as the right thing to do in the past, the different state governments, e.g., the state of Texas provides laws that allow family members recover some compensation that resulted from the wrongful death of their loved one.
What is wrongful death?
Wrongful death of a person is the death that is believed to have occurred due to the negligence or fault of another person. Take, for instance, the death of a person in a road crash due to the fault of another driver, or the death of a patient due to the negligence or medical malpractice of their doctor. Hence in the event, one feels that their loved one’s death wasn’t a natural death and that other forces were at play, they could sue the party for wrongful death and seek compensation.
Who can sue for wrongful death?
Any affected party can sue for wrongful death in Texas, however, in many cases, the spouse, or a family member is the one sues. The suit could be a suit for compensation for the loss of income earned by the deceased since they cannot benefit from the income anymore, or even on an emotional level, say for loss of their counsel, support advise, maintenance or even mental anguish. The state of Texas further provides that you could sue for funeral expenses, loss of companionship and other exemplary damages that could be caused by the negligence of the person.
How to succeed in a wrongful death lawsuit
To be successful in a lawsuit to get compensation for the wrongful death of a loved one, the plaintiff has the responsibility of proving for essential elements. First that the respondent was negligent and that it is as a result of this negligence that death occurred.
Far from proving negligence, they ought to show that the respondent owed the deceased person a duty of care. Without this, therefore, the plaintiff will have no case. Some of the instances of duty of care in Texas include; any road user, the drivers, for instance, have a duty of care to drive safely and follow the signs and the different laws and regulation to provide safety to all road users. An employer in a factory owes his employees a duty of care to offer them a conducive environment for them to work effectively. While doctor owes a duty of care to their patients to ensure their healthy wellbeing when under their care. The plaintiff, therefore, is required to establish the duty of care that was owed to the deceased and shows that the negligence of the defendant leads him to forfeit their duty hence causing the death of their loved one.
The plaintiff also has a responsibility to show that it’s the defendant’s negligence and forfeiture of their duty of care that caused the death of their loved one. Finally, that damages arose from the loss of their loved one. The damage suffered should, therefore, be qualified, it could include; medical expenses, loss of protection or guidance, their income, potential earnings among others which also differ from one person to another.
Contact A Houston Wrongful Death Lawsuit Attorney
Lawyers are available to you anytime you need them, you only require to land the best in Texas to be assured of a win at the end of your lawsuit. Although quite some people believe they could win a case without their assistance, it’s always good to have one, since they understand the different laws in place relating to the wrongful death, Texas, and also since you require their counsel on the right path to take to get a win.
Therefore take the time to get a referral from a friend of a wrongful death attorney who helped them once or from a colleague. You may also take the time to look online for the best law firms for which you will get appropriate representation. Gauge a few and after narrowing down the list, take the time to read a few reviews from the clients whom they already represented to get gripes about what you are getting into. This will be a great way to select your attorney. You may also take a visit to their offices and choose the one you want to represent you, interaction with them might even give you more confidence in them.
Death is a loved one is just anything to take lightly. It affects different people differently, and hence a wrongful death becomes all the more devastating. The state of Texas has however provided much relief to families, for helping them get a little compensation for wrongful deaths. Although it’s hard to equate the loss of a loved one to some monetary value, the compensation serves to ease the burden left behind by the deceased while also serving a little justice to the family. The lawsuit may hence not give you all the answers you needed or even adequate compensation, but it sure eases a burden even just a little bit. Hence if you feel that your spouse, child, or relative died wrongfully, take the time to talk to an attorney, and they will advise you on the way forward in seeking justice for your dear one from the hospital, the company they were employed, or the negligent driver, or pilot among others. Nonetheless, there is a statute of limitation to 2 years, therefore act fast.