Wrongful Death — Accidents
Under Texas law, a wrongful death claim can result from the negligence of another party that caused the death of another individual. Many type types of situations can motivate a legitimate claim for wrongful death – accidents involving firearms, workplace safety conditions, and more may result in lawsuits from surviving family members to obtain financial compensation for their loss.
Wrongful death claims can also arise from deaths that are the result of healthcare and medical malpractice situations. The last thing you want to think about after the death of a loved one is filing a lawsuit. However, if you believe your family member’s death was caused by negligence, you may be entitled to receive compensation for your loss.
At The Krist Law Firm, P.C., we understand the emotional devastation you may be experiencing due to the death of your loved one. We also understand the financial burdens you may face in the aftermath of your loved one’s passing. Our compassionate and experienced Houston wrongful death lawyers will help you during this difficult time by fighting to recover the compensation you are owed in the wake of your loss.
Call our team today at 281-283-8500 to set up a free consultation, or contact us online.
Different Types of Wrongful Death Accidents
Accidents occur every day, and some of them can be so serious that they cause the death of one or more people. Some of the accidents that are caused by the carelessness or negligence of one or more individuals resulting in a wrongful death claim, are:
More than 300,000 individuals lose their lives each year due to car accidents. In the aftermath of a loved one’s death as the result of a car accident, you may be left with not only the grief of your loss, but also tremendous financial burdens. Texas law allows you to file a wrongful death claim in the event that the cause of your loved one’s death was due to negligence of another person or group of persons.
Car accidents that occurred due to carelessness or negligence may involve various factors, including reckless driving, drunk under the influence of drugs or alcohol, speeding, driving while distracted, automobile defects, construction activity, and defects in roadways.
Truck accidents are different than car accidents because to the weight and size of the vehicle involved. For instance, if a tractor-trailer hits a small sedan, the consequences for those in the sedan can be very severe, leading to the death of one or more of the occupants. When this occurs, the family members of the deceased may have a rightful legal claim based on wrongful death. Accidents of this nature should be investigated and evaluated by an experienced attorney before moving forward and filing a claim.
Some of the ways in which a truck may be involved in the deaths of others through negligence include:
- Driving while under the influence of alcohol or drugs
- Driving in adverse weather conditions
- Mechanical truck defects
- Driving with an unauthorized, overweight load
- Aggressively driving
- Negligence of the truck company
- Truck driver error (jackknifing, driver fatigue, failure to signal)
Under Texas law, it is the responsibility of property owners to provide a safe environment for any person or persons who would enter their premises. You have the right to file a premises liability wrongful death lawsuit against the owner of a property if your loved one was killed on the property and the owner was aware of the potentially dangerous conditions resulting in their death.
Some of the situations and accidents that result in the death of individuals on the property of others due to negligence include lack of proper security, malfunctioning equipment, electrocution, and drowning.
Although most manufacturers strive to develop and manufacture products that are safe for use by the consumer, sometimes product safety requirements are not met, leading to tragic outcomes and product liability cases. Family members of consumers that have died due to the use or consumption of defective products have a legal avenue to recover damages for a wrongful death claim.
Some of the defective products that may be involved in the untimely death of an individual include dangerous or malfunctioning children’s toys, toxic food products, defective vehicles, and pharmaceuticals.
If your loved one died as a result of a workplace accident and their employer carries workers’ compensation insurance, you and the deceased’s other dependents may be entitled to receive death benefits. Additionally, you or anyone who is responsible for burial costs may be eligible to receive up to $6,000 to cover these expenses. A Houston wrongful death attorney can help you file the necessary paperwork correctly.
If your loved one’s employer was not covered by workers’ compensation insurance, or, if they were negligent by allowing conditions that led to the death of your loved one, you may be entitled to file a legal claim against the company.
There are several laws passed by Congress that apply to individuals who have been injured or have passed away due to maritime accidents. Some of the maritime laws that provide for recovery of damages as a result the death of a loved one include:
- The Jones Act– A federal law allowing surviving family members of a deceased seaman to sue the seaman’s employer when the cause of death was due to negligence.
- Death on the High Seas Act- A federal law giving family members of a deceased seaman the ability to seek compensation based on wrongful death when the seaman’s cause of death was due to negligence and occurred greater than three nautical miles from the U.S. coastline.
- Longshore and Harbor Workers’ Compensation Act– A federal law that allows the family members of a deceased longshoreman or other dock worker to pursue wrongful death compensation or file a lawsuit for deaths that take place dockside.
- Defense Base Act- This federal law allows the family members of a deceased contract employee working for the military in some fashion the ability to pursue death benefit compensation.
- Outer Continental Shelf Lands Act– A federal law giving surviving family members the ability to sue for wrongful death benefits when their loved one died performing offshore gas and oil exploration on the outer continental shelf, and the cause of death was due to negligence.
- Public Vessels Act- A federal law allowing surviving family members of an individual who died due to a vessel operated under the authority of the U.S. government to pursue wrongful death benefits.
The process can be complicated when filing a claim for wrongful death – accidents must be evaluated based on where they occurred, the circumstances under which they occurred, and to whom they affected in order to file the proper claim for benefits.
It’s important to have the help of an experienced Houston personal injury and wrongful death attorney who understands the nuances of filing a wrongful death claim or suing in court to recover damages.
The statute of limitations in Texas for filing a wrongful death claim is two years after the death of your loved one. So it is important to move forward in a timely fashion if you intend to pursue the compensation you deserve.
Contact an Experienced Houston Wrongful Death Attorney
We understand that no amount of financial compensation can ever replace the loss of your loved one. However, at The Krist Law Firm, P.C., we also understand the financial strain you may be experiencing as the result of your loss. We will work tirelessly on your behalf to help you secure the compensation you are owed for your physical pain, mental anguish, loss of companionship, and any other damages.