Wrongful death is the death of a person due to the negligent or wrongful act of another party. It is the basis of a civil action against the party who caused the death for the benefit of surviving family members. A wrongful death claim is a way to seek justice for your loved one and recover compensation for your family’s future.
If you have lost a loved one due to the carelessness or wrongdoing of another, don’t hesitate to speak with a Westover Hills personal injury attorney about claiming damages that could help compensate for your loss. Contact The Lenahan Law Firm in Westover Hills at (214) 295-1008 to learn more.
Fatal injuries can occur in nearly all types of accidents. Common causes of wrongful death in Texas include the following:
- Pedestrian accidents: In a recent year, a total of 7,388 pedestrians were killed in traffic crashes on public roads, according to the National Safety Council (NSC). Many of these deaths were caused by driver negligence. Most pedestrian fatalities occur in urban areas on the open road at night. In the same year, pedestrians accounted for 17.3% of all traffic deaths.
- Motorcycle crashes: Motorcycles are smaller, less visible, and less stable than four-wheeled passenger vehicles. Riders may be ejected from the bike and thrown into traffic in a collision with a motor vehicle. Many motorcycle accidents are caused by drivers who fail to yield the right of way.
- Truck accidents: Because of their size and weight, semi-trucks can cause severe or fatal injuries in a collision with a much smaller passenger vehicle. With more big rigs than ever on the roadways today, truck accident fatalities are on the rise. The number of large trucks involved in fatal crashes has increased by 49% in the last decade, as stated by NSC.
- Car accidents: The fatality rate on Texas roadways in 2021 was 1.58 per hundred million vehicle miles traveled, representing a 5.45% increase from 2020. Types of fatal crashes included run-off-the-road accidents (1,547 deaths), intersection crashes (1,040 deaths), and head-on collisions (611 deaths).
- Slip-and-fall accidents: Slip-and-falls are more likely to be fatal for victims over the age of 65. Falls are the leading cause of death for older adults, as reported by NSC. Many slip-and-fall accidents are caused by hazards existing on a property, such as snow, ice, torn carpeting, spilled drinks, plumbing leaks, and uneven floor surfaces.
- Workplace accidents: 5,190 workers suffered fatal work-related injuries in 2021, as stated by the U.S. Bureau of Labor Statistics (BLS). Many fatal workplace accidents occur in the construction industry. OSHA has identified the four leading causes of construction worker deaths—the Fatal Four – as falls, caught in or between, struck by, and electrocution. Employers could prevent many workplace fatalities by following all safety rules.
Under state law, only the surviving spouse, children, and parents of the deceased are eligible to file a wrongful death lawsuit. One or more of these individuals may bring a claim on behalf of all of them. If no family member has filed within three months of the loved one’s death, the representative of the estate of the deceased is entitled to file.
The statute of limitations for a wrongful death claim in Texas is two years from the date the cause of action arises or the date of death. It is important to meet with a Westover Hills wrongful death attorney as soon as possible and take action to pursue compensation within the time limit imposed by law.
The Lenahan Law Firm legal team has the knowledge, skills, and resources to accurately calculate your damages and effectively pursue compensation for your loss. Our Westover Hills wrongful death lawyers are passionate advocates committed to fighting for justice on your behalf. We understand the seriousness of your situation and how difficult this time may be. Let us handle the legal process for you.
If you have lost a loved one due to the negligence or wrongdoing of another, we want to know what happened. Call us at (214) 295-1008 to schedule a free initial consultation. We want to listen, and we’re here to help.