When Could I File a Wrongful Death Lawsuit in Texas?
If your loved one was fatally injured under questionable circumstances, you may be wondering whether or not you have a legitimate reason to pursue a Dallas wrongful death lawsuit. Under the law, you would be entitled to damages if you are the statutory beneficiary or someone who was killed by the negligent, reckless or careless actions of another person. In order to be considered a “statutory beneficiary,” you must be the deceased’s spouse, child or parent. It is also important to understand that a wrongful death lawsuit differs from a survival claim, as the Texas Survival Statute states that this type of claim can only be brought by the deceased’s heir or estate representative. They would be able to assert a personal injury claim that the deceased would have been able to assert, had they survived the accident—which could be for damages that include lost wages, medical bills and property damage.
What if My Employer Failed to Abide by Safety Regulations?
Whether you work in the construction industry or you are expected to sit behind a desk, it is your employer's responsibility to ensure that you are provided with a reasonably safe environment. This means that they must comply with all applicable safety regulations, which generally include those that have been enacted by the U.S. Occupational Safety and Health Administration (OSHA). According to the General Duty Clause of the OSH Act, employers must "keep their workplace free of serious recognized hazards."
Should they fail to do so, it would be their responsibility to compensate any of the workers that are subsequently injured. Typically, this would be done through a workers' compensation claim, but since this system is elective in the state of Texas, the employer may be personally liable for providing damages.
Have You Been Involved in a Motorcycle Accident?
Motorcycles are becoming increasingly popular; however, riding a motorcycle is a very dangerous way to travel. Motorcycle riders are 30 times more likely to be killed in an accident than drivers in a car or truck. Also, 40% of all motorcycle accidents happen when the motorcyclist is riding straight on the road and another vehicle turns into them.
The devastating statistics continue; between 1966 and 2000, more than 100,000 motorcyclists were killed in accidents on the road. The protection that motorcyclists have is minimal, and they are very susceptible to the environment around them. It is extremely important to take safety precautions in order to prevent accidents.
Some suggestions to keep in mind before riding your motorcycle are:
"I honestly am not sure what we would’ve done without you and your team. You have our deepest gratitude."
- Charles D.
