Cedar Park Wrongful Death Lawyers
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Losing a loved one is always difficult, but nothing is more devastating than losing a loved one to an accident caused by someone else. A wrongful death claim is a way to seek retribution from the person who caused the death of a loved one.
A family can seek a wrongful death claim, even if that person has already been processed for a criminal claim such as murder or manslaughter. A wrongful death claim is a civil lawsuit that a family member can bring on behalf of their deceased family member.
What is Wrongful Death?
When a person loses their life as a result of someone else’s negligent behavior, they have no way of recovering any compensation for their death. A family member is sometimes able to obtain compensation on behalf of that person’s death in the form of a wrongful death claim.
A wrongful death claim is a civil action to compensate surviving family members for the death of their loved one. While there is no adequate compensation to fully replace a loved one, the law can help compensate for economic or non-economic losses.
Most claims for wrongful death arise when someone else’s negligent or intentional acts caused the death of another. If the person who died could have pursued a claim on their own had they survived, then there is likely a wrongful death claim that can be brought by a family member.
What Qualifies as a Wrongful Death?
A wrongful death claim can only arise from certain incidents and is not available for all deaths. Another person must have caused the death, either negligently, recklessly, or intentionally. Certain incidents may qualify as a wrongful death:
Truck accidents can involve multiple parties and may be complex, but are often one of the deadliest kinds of crashes.
Motorcyclists are also a vulnerable group of people on the road because they are harder to see and are more likely to die as a result of a collision.
Pedestrians on the road are vulnerable and can suffer serious injuries or death if they are struck by a vehicle.
Dog or animal bites can result in fatal injuries and Texas is the second leading state in dog bite attacks, according to the USPS.
According to the US Census, Texas employed just under 1 million construction workers in 2010. Construction deaths are 1 in 200 according to the Census of Fatal Occupational Injuries.
Read More: Cedar Park Workplace Accident Lawyers
Assaults or Criminal Attacks
These can include death resulting in criminal charges for murder or manslaughter. Bringing a separate civil legal claim for wrongful death is not barred in these situations
A death that occurs on another person’s property may make the property owner liable if there was a dangerous condition on the premise that the owner failed to warn about or repair.
Defective products sold by manufacturers or retailers may be liable if their product was dangerous. Defective drugs that cause death may also be a basis for a wrongful death lawsuit.
Death as a result of the fault of medical personnel may be a basis for a wrongful death action if there was a misdiagnosis, surgical injury, or equipment malfunction. Nursing home abuse and neglect may also lead to a fatal injury.
Who Can Bring a Claim?
According to the Texas Civil Practice and Remedies Code Chapter 71, only the surviving spouse, children, or parents of the deceased may bring a wrongful death claim. Other parties, such as a sibling or another relative, may not be able to file a claim if one of the immediate family members listed above has already filed a claim.
Certain immediate family such as children and spouses are considered primary dependents and are given the priority to file a wrongful death claim. It is also important to file a claim before the time limit runs out, known as the statute of limitations. In Texas, the statute of limitations to file a wrongful death claim is two years.
In Texas, if you are the surviving spouse, child (adult or minor), parent, or personal representative of the estate of the deceased, you may be able to bring a claim. The two-year statute of limitation applies unless the plaintiff of the wrongful death lawsuit is a minor, the defendant was unknown, or there was an impairment that prevented the plaintiff from filing on time.
Parent Claim for Loss of a Child
A parent should never have to bury their child, so the loss of a child is especially difficult. If a child was killed as a result of someone else’s negligence, you do not have to go through it alone. Allow our caring and experienced attorneys at Zinda Law Group to help seek all the remedies the law can provide.
Surviving Spouse Claim for Loss of a Spouse
A spouse may have more claims available to them such as loss of companionship or loss of consortium. Our attorneys can help determine what is available to you.
Loss of financial security is also a factor. If the spouse lost was the primary provider of income for the family, this will be a contributing issue as well. If there are children involved who no longer have a parental caregiver, expenses may be considered for that too.
Child Claim for Loss of a Parent
The loss of financial security or emotional support from a parent loss will never be replaced, but other forms of recovery may be available to help lessen the loss.
Types of Damages Recoverable
While there is no amount of money that can replace or bring back a loved one, allow our attorneys to help seek other compensation in the form of damages. These may include:
- Funeral expenses or other medical expenses related to and leading up to the death
- Loss of future earnings by the deceased
- Loss of future benefits belonging to the deceased
- Pain and suffering
- Emotional or mental anguish
- Loss of consortium, companionship, support, care, guidance
- Loss of household services
- Loss of inheritance
Punitive or Exemplary Damages
These damages are meant to punish the responsible party, if applicable, for willful or grossly negligent acts. Exemplary damages are available in Texas and include punitive damages, according to Civil Practice and Remedies Code Chapter 41. Exemplary damages are meant as a penalty to punish the wrongdoer. These damages can sometimes be obtained in addition to economic or non-economic damages.
What Do You Need to Prove a Wrongful Death?
There must be substantial evidence to show that a wrongful death occurred. The standard of proof for wrongful death cases is a preponderance of the evidence. This is less than the burden of proof of “beyond a reasonable doubt.”
You must be able to show that you are a surviving family member and that you are entitled to bring this lawsuit as an immediate family member. You must be able to show that you or your family has suffered a considerable loss as a result of your loved one’s death.
For a negligence claim for wrongful death, the plaintiff must be able to show that the responsible party owed your loved one a duty of care, that duty was breached, and as a result, caused your loved one’s death.
If a criminal proceeding has already been initiated or a conviction was reached, then it may be easier to meet the standard of proof. Allow our experienced wrongful death attorneys to help guide you through these steps.
What is a Survival Claim?
Texas recognizes survival claims which are another type of claim filed against the responsible party for your loved one’s death. Instead of claiming losses like a wrongful death claim, a survival claim is for the person who actually suffered the loss.
The survivor can claim pain and suffering and can recover for what the deceased person could have recovered instead. The suit may be instituted and prosecuted as if the liable person were alive, according to Texas Civil Practice and Remedies Code Chapter 71.
Get Help from Our Cedar Park Wrongful Death Lawyers
At Zinda Law Group, our experienced Cedar Park lawyers have helped many families seek compensation for the wrongful death of a loved one. We have the knowledge and resources necessary to help you determine what to do next and to help recover the best possible outcome for your case.
Call us today at (800) 863-5312 for a free and confidential consultation with one of our Cedar Park wrongful death lawyers. You will pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.