When a loved one is taken away without warning, you endure a heartache very few can understand. It is exceptionally painful when you learn their passing was preventable. During this ordeal, you deserve to have a compassionate personal injury attorney in your corner. They could help prove your loved one’s death was avoidable and only occurred because a person or company acted with disregard for human life.
Our personal injury attorneys understand that the unexpected death of a loved one can have lingering emotional and financial consequences. Life cannot be brought back, but a Falfurrias wrongful death lawyer could utilize practical legal methods to get families monetary relief.
Establishing Liability for a Preventable Death
A wrongful death in Texas happens when a person or company is careless, reckless, or negligent in a way that results in death (TX Civ Prac & Rem § 77.001). A wrongful death could occur in a workplace if an employee does not have the requisite skills to operate a machine or perform a job function. Another example of a preventable death could be a motorist who was texting, inebriated, or asleep when they caused a fatal vehicle accident.
There are situations where a poorly trained or distracted surgeon performs medical malpractice, causing fatal injuries to the patient. It could also occur at an apartment complex where a tenant falls off a staircase because the owners did not fix outdated or damaged stairs. In scenarios similar to these, the family must prove that the negligent party was 51 percent or more liable for the deadly set of circumstances (TX Civ Prac & Rem § 33.001).
A family-driven wrongful death lawyer in Falfurrias could focus on proving the events would not have unraveled the way they did if the corporation or individual conducted themselves responsibly. Once this is shown, damage awards could be paid to the family to cover costs related to their loved one’s funeral, medical debts, missing long-term income, and loss of consortium.
Who Can File a Claim for Financial Restitution in Texas?
Texas law allows for immediate family members and dependents to file a wrongful death suit. Immediate family members could be the decedent’s biological parents or legal guardians. Dependents are living spouses and children. In some situations, a decedent’s estate may be allowed to file a wrongful death lawsuit through probate court.
The amount of compensation a family receives through a wrongful death claim is based on the established degree of harm. A Falfurrias wrongful death attorney knows how to demonstrate the full extent of a family’s losses and get relatives equitable disbursement.
The Importance of Having Competent Legal Counsel
In wrongful death cases, having capable legal professionals on your side may be the key to a successful claim. Very few individuals and businesses willingly admit they are guilty of acting in a way that resulted in the loss of life. An attorney could help by:
- Gathering evidence to determine what occurred and why
- Using available evidence to establish negligence
- Advocating for a family’s best interests
- Using witness testimony to refute inaccurate and misleading facts
- Calculating recoverable damages
A Falfurrias wrongful death attorney could handle negotiations with insurance companies to secure a fair settlement or convince a jury a family deserves compensation under the circumstances.
A Falfurrias Wrongful Death Attorney Is Here for You
While financial compensation cannot undo your feelings of loss, a Falfurrias wrongful death lawyer could help you alleviate the burden of medical bills, funeral costs, and more by holding the negligent party responsible for their actions. Contact us by phone or send a message through chat to schedule your free consultation.