In life, there are many things beyond our control, such as the loss of a loved one. While death is inevitable, many things causing death are avoidable. Freak accidents occasionally happen, leaving many people at a loss for words. In such times, it is customary to grieve not only for the loss of a friend but also for the loss of someone so early and so suddenly.
When the demise of a loved one seems unnatural and untimely, it’s a good idea to call our experienced Austin wrongful death lawyers. The circumstances surrounding the death of a loved one often fall under strict scrutiny. This scrutiny can be caused by many impulses but is largely driven by suspicions of wrongful death. When the totality of the circumstances leads you to question the cause of death, our attorneys can help navigate the legal complexities and meet essential deadlines associated with civil cases.
Defining a Wrongful Death Case in Austin, Texas
A wrongful death case is filed to claim benefits from a personal injury accident. This case can be filed in the event that someone gets killed because of the negligence of another party. This also applies when the other party intentionally took steps that eventually led to the death of a person. The defendant owes the surviving family members of the victim a monetary compensation. This is due to his role in the death of the victim.
What is needed to file a wrongful death case?
To file a claim, the grieving party should be able to prove that the defendant has committed negligence that led to the death of the victim. In addition to that, the claims can only be filed if the victim has a surviving child, spouse, or family member. Without these two essentials, filing a wrongful death claim will not be possible.
Who should file wrongful death claims?
This is a question that has many answers. Who should file wrongful death claims may vary depending on state policies. In Texas, only the surviving spouse, children, and parents of the victim can file the claim. Typically, it is the immediate family member — either the spouse, children, or parents — of the victim who can file the claim. In the event that the child is a minor, representation will surely be needed. Each and every state has its own rules when it comes to this case, so it is best that you familiarize yourself first with the rules before you make any move.
What would be the restrictions to file a claim?
Restrictions for this type of case may vary depending on the state. Once the statute of limitations has run out, the claim will surely be denied. It is best that you talk with a lawyer to determine if you still have a case or not. With the help of a lawyer, you will be able to know if your case is still worth pursuing and how you can do it.
If you have many other questions about your wrongful death case, it is recommended that you talk with our lawyers in Austin. This legal professional knows the ins and outs of this type of case, so you can rest assured that you will be able to maneuver through the legal process a lot easier and more efficiently. Death is a very sensitive issue.
This is why you need a professional who will not only help you with the case but is also compassionate enough to understand the grief that comes with losing a loved one. Make sure to hire the right lawyer for your professional and emotional needs.
Verdicts And Settlements
Austin wrongful death lawyers can help with settling the deceased’s estate, as well as the prosecution of any party that might have deprived your friend/relative of life. Instances such as vehicular manslaughter happen often, and it takes a good lawyer to help make sense of things.
Our attorneys can help you and your loved ones get the justice deserved by doggedly challenging the opposing side with letters, evidence, and pleadings filed on your behalf. Often the death of a loved one causes many persons to forget the events surrounding the person’s demise and instead focus on the history the two parties share. While an unexpected death of a family member or friend may occur, it is important to understand the facts surrounding the situation and to supply those facts to a good lawyer, so that he can help you as best he can.
Often, the emotional strain of death can cause a person to lose sight of how they can best remedy the emergency before them. One must keep in mind that a cool head almost always prevails, and reacting out of pure emotion in this instance might hurt more than help. Many of us wish for a high quality of life without the dangers of the real world.
But the truth is that these dangers exist and that accidents and wrongful deaths occur because of negligence. Such incidents bring about physical injuries, psychological trauma, emotional damage, and financial problems to the victims and their families. If a person dies at the hands of someone who is found to be negligent in his or her duty, then a lawsuit may be filed by the deceased’s surviving family members.
Compensation in Wrongful Death Cases: What You Can Claim
Losing a loved one due to someone else’s negligence brings immense emotional and financial challenges. Texas law allows families to seek compensation to help ease these burdens. The compensation can cover financial losses and offer some justice for the untimely death.
Economic Damages
Economic damages in wrongful death cases are intended to compensate the surviving family members for the financial hardships they have endured due to the death of their loved one. These damages may include:
Medical Expenses and Bills: Any medical costs and bills incurred by the deceased before their death, which are a crucial component of economic damages claimed by survivors.
Funeral and Burial Costs: Expenses associated with the funeral and burial arrangements of the deceased.
Loss of Inheritance: The projected amount of money the deceased would have earned and passed down to their family.
Loss of Earning Capacity: The income the deceased would have continued to provide for their family.
Loss of Maintenance, Companionship, Care, Services, Support, and Advice: The value of the support, care, and guidance the deceased offered to their family.
Non-Economic Damages
Non-economic damages are designed to compensate for the emotional and personal losses suffered by the surviving family members. These damages may include:
Mental Anguish: The emotional pain and suffering experienced by the family.
Loss of Companionship: The loss of emotional support and companionship that the deceased provided.
Loss of Consortium: The impact on the marital relationship and the loss of spousal companionship.
Punitive Damages
Punitive damages are awarded to punish the defendant for their negligent or wrongful actions. These damages serve as a deterrent to prevent similar behavior in the future and are not directly related to the financial or emotional losses experienced by the family.
Common Causes of Wrongful Death in Austin, Texas
Wrongful death refers to the loss of life because of the negligent, otherwise preventable actions of someone (or a group of people) other than the decedent. Whether the action was intentional or not, a lawsuit may be filed under the laws of personal injury, using negligence as a basis. Wrongful death cases have been linked to several situations, which include:
Vehicular Accident
When a negligent driver accidentally collides with another vehicle or pedestrian, the resulting death could make him or her liable for the case. This is one of the common causes of wrongful death, with distracted driving being the leading cause of accidents.
Medical Malpractice
When your healthcare provider, doctor, or nurse commits mistakes with diagnosis, treatment, surgery, or other medical-related procedures, the results are often serious and life-threatening. Medical malpractice cases are commonly based on misdiagnosis and incorrect prescription and administration of drugs and other medications. Other instances include childbirth injuries and leaving foreign objects in a patient’s body after surgery.
Toxic Tort
When an employer does not adhere to the required safety standards to protect its employees from harmful chemicals present in a workplace, subsequently resulting in an employee’s death, the decedent’s surviving family members can file for a wrongful death case.
Workplace Accident
When poor working conditions take a toll on an individual and result in fatal injuries, the surviving family members can file a wrongful death claim. Working in the construction industry is one of the most accident-prone careers, putting workers at risk for slips and falls, electrocution, and being struck by objects.
Products Liability
When a product is used for its intended purpose, and fatally injures an individual because of a defect in the design, manufacturing, or labeling, then it is grounds enough for a personal injury suit under the laws of strict liability. Common product liability cases include vehicles in which there was a defect that caused the death of a person.
Premises Liability
When an individual doesn’t make sure that his or her property is safe enough not to cause accidents to otherwise careful individuals, then the surviving family members of the decedent can file for a wrongful death claim. There are generally three kinds of damages that can be filed in these types of cases — economic, which are direct expenses related to the individual’s death (such as medical and funeral bills), as well as lost wages that the decedent would have earned if the accident did not occur.
The second type refers to noneconomic damages, which will make up for the pain and suffering, as well as the loss of consortium and companionship between the decedent and his or her surviving family members. Lastly, punitive damages are those awarded on top of economic and non-economic damages, for the sole purpose of punishing the at-fault party.
What is the Difference between Wrongful Death Claims vs. Criminal Cases?
Wrongful death claims are civil actions brought by the surviving family members to seek compensation for their losses. These claims are distinct from any criminal charges that may be filed against the individual or entity responsible for the death. Even if there is no criminal conviction, the family can still pursue a wrongful death claim in civil court. The burden of proof in a civil case is lower than in a criminal case, allowing for the possibility of securing compensation even if criminal charges are not pursued or the defendant is found not guilty.
Schedule a Free Consultation with our Austin Wrongful Death Attorney
It is important to understand and be able to explain all of the problems facing you as the victim of such an accident. Largely, people tend to gloss over important information and dates, necessary to continue or file the proper pleading in the proper court. Our lawyers can help you make the changes necessary to move forward in your case.
Given your personal history, the circumstances of the night in question, and your relationship with the opposing party, wrongful death attorneys in Austin might be able to help you when other lawyers can’t.
Contact us or give us a call at 512-454-3751 today. Our attorneys handle many cases that often feature individuals who are completely uncovered by health care insurance and need real assistance. Our wrongful death attorneys take many personal injury cases ranging from one extreme to the other.
