The most severe personal injuries can result in death. When that happens, surviving family members have the right to sue for their losses because the victim is no longer able to sue on their or her own behalf. It is important for family members to exercise this right, which can be assisted by an experienced wrongful death attorney. Negligent defendants must be held accountable for their conduct in order to deter future injuries and losses to other innocent victims.
Types of Wrongful Death Cases
There are many different types of personal injury cases. Any personal injury case can become a wrongful death case if the injuries are serious enough to cause the victim’s death. Here are some of the most common wrongful death cases:
Auto accidents are responsible for thousands of deaths across Texas every year. The vast majority of these deaths are attributed to negligent drivers. These drivers might have been impaired by drugs, alcohol, prescription medications, or a dangerous combination of these substances. Perhaps the driver was criminally reckless by driving unsafely in a way that was sure to cause an accident. Sadly, some of these deaths are caused by much more innocent behaviors. Many road accidents are caused by distracted drivers. While it is common to feel tempted to check your smartphone while driving, this behavior is responsible for many accidents that cause devastating injuries – and even death. It is important to hold negligent drivers accountable for the damage they cause. Even common driving errors, like speeding or rolling through a stop sign, can lead to death.
Personal injuries are usually the result of negligence. When negligence is committed by a healthcare provider performing his or her duties, this is known as medical malpractice. Medical malpractice can be committed by a doctor, nurse, surgeon, assistant, or any other healthcare professional. Employers are generally liable for negligence committed by their employees while on the job, so the medical facilities that hire these providers are often liable for medical malpractice as well.
Medical errors are responsible for thousands of deaths in the United States every year. It is important to hold both facilities and individual providers responsible for their negligence. Other patients are also being cared for, and without accountability for errors (especially big errors that lead to death), these patients could also suffer harm. If you suspect that your loved one was neglected by providers, given the wrong medication or treatment, subjected to delays in treatment, or otherwise given substandard medical care that caused his or her death, it is important to consult with a wrongful death lawyer as soon as possible. There is a statute of limitations on wrongful death, and your worngful death attorney will need time to investigate the claim before the deadline occurs.
Most employers in Texas are required to carry workers’ compensation insurance. This coverage pays for medical care (and a portion of lost wages) for any employee who is injured while on the job. Workers’ compensation policies also carry certain death benefits. This means that specified surviving family members can be entitled to compensation if an employee died as a result of injuries sustained while on the job.
Workers’ compensation benefits are not the only legal remedy available to surviving family members. In some cases, there may be a wrongful death claim for negligence that caused the death. If the worker’s death was caused by faulty equipment or machinery, there may be a products liability claim against the manufacturer of the defective product. The specific claims you have will depend on the circumstances surrounding the employee’s death. In some cases, you might also have to choose between claims: for example, surviving family members are sometimes prevented from filing a negligence claim against the employer if they have already claimed a death benefit under the employer’s workers’ compensation policy. This is why it is so important to consult with a wrongful death lawyer before accepting any benefits or signing any legal documents.
Call Us Today to Speak with a Wrongful Death Attorney in Dallas, TX
No legal actions will take away the pain of unexpectedly losing a loved one. In spite of this, it is still important for surviving family members to assert their right to compensation for the loss of a loved one. Filing a wrongful death claim is not only your legal right, but it is also an important step toward future safety. Wrongful death lawsuits hold negligent drivers, doctors, and employers accountable for the losses they cause. They also encourage others to be safer in the future. The experienced Dallas personal injury attorneys at the Jackman Personal Injury know how to handle wrongful death cases. Call (972) 961-2707 to schedule your consultation today.