Any death is a tragedy. Yet, an avoidable accident that results in wrongful death makes a difficult event even more painful for surviving family members.
Wrongful deaths occur in Texas on a daily basis. Unfortunately, the damage they cause doesn’t end at an emotional level. From hospital bills to funeral expenses, and loss of income in a home, wrongful death can drag your family into financial turmoil.
Let’s examine what wrongful death is, the most common causes behind these accidents, and how a personal injury lawyer can help your family get through an unfathomable situation.
What is a Wrongful Death?
Wrongful death occurs when a third party’s accidental or intentional actions result in a person’s death. Every state has its own statutes for what constitutes wrongful death and how a deceased person’s family can file a lawsuit against offending parties.
In Texas, the following incidents are considered grounds for a wrongful death suit:
- An injury causes a person’s death or the death of an unborn fetus
- A person’s willful neglect was the result of an accident or injury
Had the victim survived they would have been eligible to file a personal injury lawsuit
4 Common Causes of Wrongful Death
Negligence is the link between most wrongful death cases. Yes, there are outliers like assault and battery, medical malpractice, and product liability.
However, the following 4 causes are the most common we see as personal injury lawyers in Dallas.
Cars and semi-trucks are two of the biggest vehicle culprits behind wrongful death accidents. In most of these cases, drivers were not acting intentionally and were simply distracted.
Unfortunately, distractions like texting and driving are negligent actions. Therefore, if a car accident occurs and results in a death, the victim’s family could sue for wrongful death based on the offender’s negligence.
Sadly, the vulnerability of a pedestrian accident is what makes these a leading cause of wrongful death. While in most of these cases, distracted driving is still at fault, there are other reasons behind these accidents that include:
- Neglect on the pedestrian’s part (i.e. Ignoring crosswalks, Acting recklessly in an area of heavy traffic)
- City and county liabilities (i.e. overgrown shrubbery, poor signage)
Slip and Fall
Slips and falls are common personal injuries. Yet, they can also result in a person’s untimely death. When a person is on public or private property and neglected maintenance causes a slip and fall, their injury or death becomes the property owner’s liability.
Therefore, if death occurs due to a fall, a person’s family is eligible to file a wrongful death suit within 2 years of the victim’s passing.
Can You File a Lawsuit for Wrongful Death?
Texas is specific with regard to who can and cannot file. Under Texas law, only a person’s surviving spouse (common law included), children (biological, legally adopted), or parents can file a wrongful death lawsuit.
Siblings, grandparents, and other relatives cannot file wrongful death lawsuits in Texas.
Gain the Compensation Your Family Deserves With Genthe Law Firm
The personal injury lawyers of Genthe Law Firm have the experience your family needs to recoup maximum compensation for your wrongful death claim. Our team will gather essential evidence, build a solid case, and go toe-to-toe with offending parties and insurance companies until we recover for you.
The best part about our services is that our Genthe Guarantee makes them gratis until you receive compensation.
Schedule your free consultation today and find out how Genthe Law Firm can help your family overcome its tragedy.