Wrongful death occurs when a person dies because of the negligence or wrongdoing of another. Surviving family members are entitled to pursue civil action against the party who caused the death. A wrongful death claim aims to compensate the victim’s family members for their loss and obtain justice for the deceased by holding the responsible party accountable.
If you have lost a loved one at the fault of someone else, a wrongful death claim is a means to seek justice for your loved one and recover compensation for your family. Contact the Bluffview personal injury attorneys at The Lenahan Law Firm at (214) 295-1008 to learn more about your legal options.
Many accidents caused by negligence can result in fatal injuries and wrongful death. Examples include the following:
- Slip-and-fall accidents: When a victim suffers a fall because of a slip or trip-and-fall hazard on a property, it can cause serious injuries. In older adults, a fall can be fatal. Property owners in Texas have a duty to maintain their property in a reasonably safe condition for visitors and guests. When they fail to do so, they can be held liable for fatal slip-and-fall accidents.
- Car accidents: In 2022, a total of 42,795 people died in motor vehicle crashes in the U.S., as reported by the National Highway Traffic Safety Administration (NHTSA). Car accidents are a leading cause of injury and death. When they are caused by driver negligence, at-fault drivers may be held liable for resulting injuries. Negligent behavior that contributes to car accidents includes distracted driving, impaired driving, speeding, unsafe lane changes, and disregarding traffic signs or signals.
- Truck accidents: Fully loaded 18-wheelers can weigh 80,000 pounds or more. Because of the size and weight of their vehicles, truckers have a duty to exercise extreme care on the road to ensure the safety of others. When truck drivers fail in their responsibilities, it can cause collisions that may be deadly for passenger vehicle occupants. Trucking companies may also be negligent and liable for truck accident wrongful death.
- Motorcycle accidents: Motorcyclists are much more likely to suffer fatal injuries in a crash than passenger vehicle occupants. Although motorcycles make up only 3% of all registered vehicles in the U.S., motorcyclists account for 14% of all traffic fatalities and 17% of all occupant fatalities. Many motorcycle accidents are caused by the negligence of other drivers, such as drivers turning left at intersections directly into the path of oncoming motorcycles.
- Pedestrian accidents: In a collision between a pedestrian and 4,000 lbs. moving motor vehicle, the pedestrian does not stand a chance. When a pedestrian is hit by a large vehicle at high speeds, they may somersault onto the windshield or roof of the car upon impact. Pedestrian accidents, which are often caused by negligent drivers, kill more than 4,000 people in the U.S. annually.
In Bluffview and the state of Texas, the surviving spouse, children, and parents of a wrongful death victim are entitled to file a claim for damages. If they fail to do so within three months of the victim’s death, the representative of the estate of the deceased is eligible to file. Surviving family members may claim economic damages, such as loss of income, and noneconomic damages, such as emotional distress and mental anguish.
The statute of limitations (time limit imposed by law) for wrongful death is two years from the date the cause of action arises or the date of death. Your claim is forever barred once that time has passed, and you can no longer seek compensation for your loss.
The Lenahan Law Firm legal team in Bluffview has the knowledge, skills, and resources to thoroughly investigate your case and accurately calculate the damages. Our Bluffview wrongful death lawyers are passionate advocates dedicated to fighting for justice on behalf of you and your loved one.
We understand the seriousness of your situation and how difficult this time can be. Let us handle the legal process and help you achieve the compensation you deserve. Call us at (214) 295-1008 to schedule a free initial consultation with no obligation.