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What Is a Wrongful Death Case?
The death of a loved one is a difficult experience. That grief can be further compounded if the loved one passed away in an accident that was the fault of another person. In these cases, it is possible to file a wrongful death claim to pursue monetary damages for the loss of the deceased person.
It may sound overwhelming to go through a lawsuit process while dealing with grief and sadness, but you don’t have to do so alone. At Zinda Law Group, our experienced wrongful death lawyers will pursue compensation for you to give you the best chance of recovery. If you are looking for a Laredo, TX wrongful death lawyer, contact Zinda Law Group today for a free case consultation at our Laredo office.
Common Causes and Examples
Any death from an accident that was the fault of someone else could result in a wrongful death claim. These are some of the most common scenarios that lead to wrongful death claims:
When a doctor or other medical professional doesn’t take proper care in doing his or her job, and a patient dies, this could be a cause for wrongful death. Common scenarios of medical malpractice might include a doctor failing to diagnose a patient, not warning a patient of all known risks from a treatment or medication, or treating a patient improperly.
Auto accidents are extremely common, and can involve trucks, cars, motorcycles, bikes, or pedestrians. Unfortunately, sometimes these accidents become deadly, and in that case a wrongful death suit could be appropriate. Different circumstances of the accident could involve different parties in a lawsuit—for example, a truck driver might be employed by a large company who will be party to any wrongful death lawsuit, whereas a trucker who is an independent contractor or a private citizen driving a car would not involve a large company in the lawsuit and will have different insurance.
Product liability cases involve the injury or death of someone because of a faulty product. In the case of wrongful death claims, the product malfunctioned in such a way that it caused the death of the deceased person. There are generally three types of product liability claims: design defect, manufacturing defect, and failure to warn.
A design defect means that the way the product was designed was unsafe and could have been reasonably safer. A manufacturing defect occurs when the product’s design was not inherently unsafe, but some mistake in the manufacturing process led to the product used by the deceased person being unsafe. Failure to warn occurs when the manufacturer does not adequately caution users of a product of the possible dangers of using it.
Slip and Fall Cases
The theory of premises liability means that the owners of a property have to take care to make sure the property is safe for those who occupy it. If a property owner does not maintain his property and make sure there are no dangers, he or she could be liable for the accidents someone comes to while on the property. The most common premises liability case is the slip and fall, which usually occurs at an establishment such as a retail store that carelessly allowed a hazard such as a wet floor to cause a customer to fall.
People are obliged to make sure their pets do not harm anyone else. However, sometimes an aggressive dog may attack someone, and some pets are more exotic and dangerous than the usual dogs and cats. When a pet owner does not take care to prevent their pets from harming anyone, they could be liable for a wrongful death claim if their pet causes someone to die.
In 1974, the Texas Supreme Court ruled that Texas follows the “one bite rule” in terms of dogs and other pets. This means that after the first time a dog bites a person, the owner should be put on notice that their dog is dangerous and is more liable to be held responsible if the dog later bites someone again. This does not mean that the first time a dog bites someone the owner has no liability, though; the injured party could still show that the individual acted carelessly so as to fail to control the dog and prevent the bite.
Motor Vehicle Collision
Motor Vehicle Collision
Motor Vehicle Collision
Motor Vehicle Collision
Motor Vehicle Collision
What to Do After a Wrongful Death Accident?
The statute of limitations for a wrongful death lawsuit in Texas begins to toll at the time of the deceased person’s death. In some situations, this happens at a time close to the accident that caused the death, such as an automobile crash that causes an individual to pass away instantly; other times, an individual may be injured or ill for a long period after the act that caused the death before passing away. In both cases, it is at the time of the individual’s death that the statute of limitations begins.
When a loved one passes away, families can often be overwhelmed with work such as sorting out the deceased’s persons estate, funeral arrangements, and with their own grief. However, it is important to see a lawyer for a wrongful death claim as soon as possible in order to prevent the statute of limitations from running out and the case being dismissed.
The deceased person’s estate will need to have an individual appointed to represent the estate. This will likely involve an executor being appointed to carry out the will and estate plans of the deceased individual and may require a probate lawyer. Your wrongful death lawyer will probably not also be able to help settle the deceased’s estate but may be able to recommend another lawyer which can assist in this process.
How Does a Wrongful Death Case Work?
The Elements of a Wrongful Death Case Are as Follows:
(1) A person has died. If a person has not died due to an injury, but is still hurt, a personal injury claim can be brought. The Texas Supreme Court recently confirmed that only human deaths can be considered wrongful deaths; the death of a pet is considered loss of property, not loss of life, as pets are considered property under the law.
(2) The death was caused by the negligence of someone else. Negligence refers to the idea that someone did not take proper care with their actions and that this neglect of carefulness caused an accident.
Generally, everyone is meant to act with “reasonable care” at all times—that is, the caution a reasonable person would act with to prevent their actions from harming others. Some relationships require an even higher standard of care than that, such as the duty doctors have to their patients. One common practice the court recognizes as not acting with due care is violating the law; this is always unreasonable. For example, if someone violated the law by texting and driving and caused an accident in which someone else died, this would be negligent because they acted without reasonable carefulness by texting and driving.
(3) There are surviving family members who will be monetarily harmed through the death of the deceased person.
(4) The deceased’s estate has an appointed representative.
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They were very thorough in explaining the different scenarios, and extremely transparent with all the possible outcomes.Thank you to every person who aided in the success of my case, all of whom were exceptional in their tasks and working as a team. The Zinda Law Group was outstanding in helping me with my aunts case. My two Attorneys Neil and Shivangi were very compassionate, kind, eager to help, and really listen carefully and attentively to my case about my aunt. My aunt got hit by a driver while crossing the street and killed. I went after the guys insurance; although, this doesn't bring back my aunt, but allows for this not to happen to other people like this in her case. These attorneys worked very hard and efficiently to bring the justice that they saw fit. When I had a question they explained in terms I understood and not above and beyond me. 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Joe's expertise in personal injury lawsuits helped alleviate the stress and anxiety that follows the aftermath of an auto accident. Thanks again Joe! You are truly an amazing, kind person and attorney! Zinda Law was incredibly amazing. I had the pleasure of working with Michael and his incredibly hard working team after my wreck in November. They went above and beyond keeping up with my health, bills, insurance companies, all that fun stuff I had no time for. After what felt like such a short amount of time, they were able to win every last penny from the "bad guys" insurance (loved that term). I couldn't happier, and even though I went through something traumatic, it was still the best experience I could have ever asked for. Thank you Michael and everyone that helped with my case, yall are the best!! 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I’m so happy and thankful to Zinda law group!!!!!! Zinda Law Group did an excellent job with my case. The staff was super friendly and super effective as far as communicating with me throughout the entire case. I highly recommend Zinda Law Group for your next case and for any of your future cases. 5 Stars across the board thank you so much for everything! Joh Harper, Priyonka Bhikha, and the rest of the team gave my case a quick and satisfactory conclusion. The attorney, Mr. Harper did an absolutely amazing job keeping me on the same page as far as the case goes. Honestly, if anybody is hurt in a car wreck or another personal injury case, I WILL STRONGLY RECOMMEND THAT YOU SPEAK TO THEM. I was in a motor vehicle collision about two years ago. From the minute I picked up the phone to speak with a representative to the case finally settling, it was a great experience. I worked with Burgess Williams and his team (Kathy, Ryan, and Linda) throughout the process. They were all very professional and helpful when I needed them the most. Great Firm. I was in motorcycle accident- T-boned at a full stop with my daughter riding on back. Zinda's team was instantly responsive. Christina was very compassionate, organized and scheduled time before every legal event to discuss goals and overview. The process was 2 years but during that time the lawyers and staff (John and Shane were also great) were always available and understanding. The team is focused on doing what is right and by the book. I would highly recommend this firm to anyone who is suffering from a motorcycle accident. Jason Aldridge and his paralegal Mara did an absolutely amazing job on my case. They were very responsive to all emails, calls and even texts. They treated me with dignity and respect from start to finish. I never once felt like my case was at the back of the list or anything. Not only did they explain and walked me through everything, they got me the help I needed and a final outcome over what I had expected. I would highly recommend this law firm, Jason and Mara to anyone seeking legal assistance. Highly Recommended-100% Satisfied!.From the initial phone call I felt confident I chose the right firm. They explained the process and I was always in the loop, even when we were at a stand still. Very grateful I was quickly referred to them by a friend who had a similar case. Both of us are happy with the end result. Thank you! My team of lawyer were very professional and communicated extremely clearly. They kept me updated on their status and did not make me worry at all about my situation. They explained everything to me very well and put things into simple terms for my understanding. I am very satisfied with their performance. I would recommend them to anyone that's been involved in an accident and feels skeptical in engaging an attorney.When one gets into an accident, you're traumatized, confused, angry and helpless.That was me last year, getting all kinds of advice becomes your next norm, to use or not to use an attorney.I was in so much pain from my injuries but at the same time knew I had to act fast.I called Zinda Law Group for consultation, they took my case seriously and treated me with respect, they were very professional and understanding.Elizabeth, kudos to you, you're true to your word, Integrity should be your last name.Jason Aldridge my attorney went to work immediately, he assured me that all be well and I should concentrate on my healing and he will do the rest. Thank your Sir, You did just that.His team, Mara, Zuleyma and Andrew, they all become my support system, so professional and lots of respect in each and everyphone call or email. Thank you guys.I would recommend anyone to use Zinda Law Group. I honestly loved not dealing with the hospital bills while I was recuperating. It gave me peace of mind going through this process and Zinda took care of everything. They found awesome health providers for me and haven't had to worry about anything while they've been taking my case. I've been well informed, communicated with, responded to and understood by Zinda. They have been efficient and effective while working on my case and I'm so glad I choose to go with this law firm. When I was injured in a car accident in March of 2020 the insurance companies were not concerned with my well being. I called Zinda Law group & spoke with Reagan, who went over my concerns & later had Jono contact me. After reviewing my information with Jono my case was immediately put in motion. I worked mainly with Sam Thomas who truly was a blessing to me, he was very supportive & genuinely concerned with my well being, everything wasn't simply about the case it was about me being healed & getting the proper treatment that I needed. Sam was also emotionally supportive when I went through several losses in my family & is a great friend. In all everyone was extremely supportive & all worked for me which was quite a different legal experience for me from Law groups in my past. I was well supported, always informed, treated with respect & made the priority in all decisions. Zinda Law Group made sure I was compensated completely & that I didn't have financial stresses over hospital bills after all was said & done. Sam, Katrina, Mary Catherine, Reagan & Jono I just want to thank you & all of Zinda for the incredible experience & the wonderful caring people that you all are, you are truly Golden in your field. I am so glad I got in touch with Zinda! 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I never felt pressured with decision making and they went above & beyond to answer questions with satifactory explanations. This is a very professional group of attorneys & support staff. In addition, they were willing to meet me at a location more convenient for me. I appreciated their concern for my time. Could not speak highly enough of the firm. I was involved in my first accident and thankfully had Zinda Law Group supporting me through the scary time. Jono took care of me every step of the way. He made me feel like I was a priority through the entire process. A big thank you to Jono and the rest of the Zinda crew!
Who Can Be Sued?
Both private citizens and corporations can be sued in a wrongful death claim, depending on the circumstances of the accident that led to death. Of course, a corporation is not a person who commits actions—actions are committed by individuals working for corporations. However, the doctrine of vicarious liability causes employers to sometimes be liable for the harm their employees have committed.
When an employee of a company acts negligently while acting within the scope of his employment (doing something that falls within his duties as an employee), the employer may be liable for their actions. Courts have historically taken a rather broad view of what the “scope of employment” is for an employee.
Some people are working for a company, but as independent contractors, the wrongful death claim would be brought against that individual in their personal capacity. An example of this may be truck drivers who do not work as employees but who own their own truck and work on a freelance basis.
Insurance companies are also common opposing parties in wrongful death lawsuits; this can be true both of individual defendants and of large companies. Most companies and people carry some type of insurance in the event they have a lawsuit filed against them, and the insurance company may be involved in the claim.
What Damages Can Be Recovered?
There are multiple types of damages that can be recovered in a wrongful death case. Economic, non-economic, and punitive damages are the primary damages sought.
Economic damages are damages that are tangible and calculable; they are harms that have a precise economic value. In wrongful death cases, common economic damages include loss of wages of the deceased, medical treatments, funeral expenses, or retirement benefits.
Non-economic damages are more difficult to calculate, because they do not have a precise economic value. They are an attempt by the plaintiff and the court to put a value on things that are not monetary, such as pain and suffering or loss of companionship.
It is possible to recover non-economic damages for the emotional suffering of the deceased individual before their death, as well as recovery for the emotional suffering of the deceased individual’s loved ones after their loved one dies. These are two separate claims, however, and the circumstances will determine which ones can be brought—a claim for the suffering of the deceased individual can only be brought if that deceased person actually did suffer—that is, was conscious—before their death; if the deceased person died instantly, there can be no emotional suffering claim on their behalf, but it could still be possible to pursue a claim on behalf of the family of the deceased.
Punitive damages are less commonly awarded than economic and non-economic damages. These damages are not to compensate an injured party, as the previous two types of damages are, but instead serve as a punishment for the party that caused the accident. Punitive damages only occur in especially egregious cases, when the conduct of the defendant is extreme and the economic/non-economic damages awarded will not serve as a significant deterrent to acting with more care in the future; this typically occurs with very large corporations, when even a large award of damages could be relatively minor compared to their significant resources.
What Is the Statute of Limitations?
A statute of limitations is how long an individual has to file a claim and have it litigated after something that could give rise to a complaint occurs. In this case, the statute of limitations begins when the deceased individual dies and lasts for two years. This does not mean that the entire litigation process has to be finished in two years, only that the complaint must be filed within two years from the day of the deceased person’s death.
In some situations, the statute of limitations extends beyond the two years generally allowed by Texas law. For example, minor children do not have only two years to file a wrongful death claim; the minor child can wait until he is eighteen years old, and then file a wrongful death claim if he has lost a parent. However, in the case of a minor child, a surviving parent or guardian can also file a claim on behalf of a minor child, so he does not have to wait until he is eighteen.
An adult can also be incompetent to bring a wrongful death claim, either mentally or physically, and in this case the statute of limitations will begin to run when the adult becomes competent to pursue a claim again. In the case of wrongful death, this can be common when the individual who would pursue the wrongful death claim is injured in the same accident as the deceased person and needs time to recover before they are able to pursue legal action.
If the negligence that led to your loved one’s death was not obvious, that could give more time to the statute of limitations as well. If it was not reasonably apparent, or if it was purposefully hidden, that your loved one’s death was caused by the negligence of someone else, the statute of limitations will begin to run on the day you learn that the death was due to negligence.
Even though some situations allow wrongful death claims to pass two years from the date of the deceased’s death, that doesn’t mean you should wait to file a claim. You should try to contact a lawyer as soon as possible, not just because of the statute of limitations, but because your lawyer will be able to gather more evidence and make a stronger case for you to receive compensation if you engage legal representation soon after an accident.
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
Why Hire Zinda Law Group?
Losing a loved one is terrible no matter what the circumstance is, but when the circumstance is an accident which could have been prevented if someone had acted more carefully, that can be another painful blow. You and your family should not have to struggle through this harm without receiving just compensation. A personal injury lawyer can help you receive what you deserve after losing a loved one in an accident.
At Zinda Law Group, our experienced, hardworking wrongful death lawyers have recovered compensation for numerous clients who have lost loved ones. With Zinda Law Group, you won’t have to navigate the process of filing for a wrongful death suit alone, or with a lawyer who isn’t personally invested in the outcome of your case, or who will be paid hourly by you even if you receive nothing from the courts. Zinda Law Group has a “No-Win, No-Fee Guarantee”, which promises you will only pay if you receive a favorable outcome in your case—otherwise, you pay nothing.
At Zinda Law Group, we believe all you should have to worry about after losing a loved one is emotional recovery. We will handle of the technical legal work and negotiations for you. If you have lost a loved one in an accident caused by someone else, contact Zinda Law Group today for a free case consultation.