Wrongful Death:
Here is What You Need To Know

The worst injury one can ever suffer as a result of someone’s wrongdoing is death. While those left behind can file a wrongful death lawsuit to receive compensation, nothing can bring the victim back. The compensation is just like a consolation to the family members who must now accept the loss and move on.

Wrongful death suit can include loss of support, any medical and funeral expenses, and the loss of consortium. You can always check the statutes in your state to find out more about wrongful death and the process of filing a lawsuit on the same.

Causes of Wrongful Death

There are quite many of ways death can result from negligence. The most common causes of wrongful death include automobile accident, drunk driving, motorcycle accident, medical malpractice, criminal acts, and work-related accident. Let’s break it down.

Automobile Accidents

Automobile accidents are the most common causes of wrongful death, and they can occur in many different ways. Wrongful death, in this case, can occur as a result of a driver towards a passenger or a fellow motorist. A wrongful death lawsuit can also be filed against automobile manufacturing companies for accidents resulting from faulty brakes, seats, tires, and other parts that can malfunction while you’re driving.

Medical Malpractice

This is another common cause of wrongful death which results from professional negligence by a nurse, doctor, or surgeon. Medical malpractice can lead to serious injury or death. In the event that it leads to death, the relatives of the deceased can file a wrongful death lawsuit against the health service provider.

Work-Related Accidents

Accidents that occur at the workplace may result from explosions, burns, slip and falls, and equipment malfunction. In the event that an employee dies as a result of an accident at work, a wrongful death lawsuit can be filed against the employer. It’s expected that all employers meet the safety standards set to ensure their employees work in a safe environment.

Texas Wrongful Death Statute

In Texas, wrongful death lawsuits have a statute of limitation. Under the state law, one has only two years from the date of the death to file a wrongful death claim except when: the plaintiff of the wrongful death is a minor child, negligence of the defendant weren’t know during the 2-year period, a mental or physical disability prevented the plaintiff from filing the lawsuit during the 2-year period, or fraud.

For you to be eligible to file a wrongful death lawsuit in Texas, you must either be the surviving spouse, adoptive parent, child, or real parent, a legally adopted child, or the personal representative of the deceased. Additionally, you’re required to provide proof of negligence when filing a wrongful death suit.

If you need more information about wrongful death in Texas, you can contact our Houston personal injury attorney to guide you on the process of filing a wrongful death suit. Wilvin J. Carter is a reputable Houston attorney who can help you navigate a wrongful death case with great success. Have a skilled legal representative by your side to fight for your rights in a wrongful death case.

 

The Law Offices of Wilvin J. Carter

7322 Southwest Freeway
Tower 1, Suite #780
Houston, TX 77074
832-990-8960

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