When a wrongful death occurs, there is often a looming sense of injustice as well as serious financial losses. Whether it is through a car accident, workplace incident, or medical malpractice situation, a wrongful death leaves a hole that is impossible to fill.
Filing a Spring wrongful death action is one way to provide a sense of justice as well as address the very tangible impacts that such an unexpected loss can bring. If you have lost a family member in a wrongful death case, our lawyers are here to help.
What is a Wrongful Death?
Under Texas law (Texas Civil Practice and Remedies Code § 71.002), an individual can be held legally responsible for someone else’s death if that death resulted because of a wrongful act, carelessness, neglect, unskillfulness, or default. This legislation allows for a wide range of possible situations, and the most common wrongful death lawsuits happen due to careless disregard of safety standards or dangerous acts.
Motor Vehicle Accidents
The most common cause of wrongful death accidents, motor vehicle crashes are often the result of negligence and carelessness. Distracted driving, driving while under the influence of drugs or alcohol, and speeding are all common causes of serious accidents. When someone dies as a result of these decisions, a wrongful death case can often be filed to help compensate for the losses.
Medical Malpractice
People put trust in the medical community to provide care when they are at their most vulnerable. When this trust is misplaced, medical malpractice can result in the loss of life. From surgical errors to medication mistakes, any situation that results in a loss of life could potentially lead to a wrongful death claim.
Workplace Accidents
Employers have a responsibility to provide safe working conditions for their employees. This includes following all OSHA regulations, providing adequate training, and completing routine maintenance to ensure safety. When these responsibilities are not met, accidents can result in serious injuries and deaths.
Nursing Home Negligence
Trusting a loved one to the care of a nursing home requires a belief in the facility’s ability to provide safety and care. When those duties are neglected, patients may have inadequate supervision, face malnutrition, and suffer from neglected injuries and infections. If these circumstances lead to a death, a family in Spring, TX may be able to file a wrongful death claim.
How Does a Wrongful Death Action Work?
In order to successfully file a wrongful death claim, there are multiple steps. First, a lawyer will investigate the case to ensure there is adequate evidence to support the claim. This may include interviewing eyewitnesses, subpoenaing documents, and watching video footage. If a wrongful death claim is warranted, a spring, TX lawyer will help file the claim, ensuring to meet all statute of limitation and legal requirements.
At this point, a lawyer can negotiate directly with the responsible party — often through their lawyers — to get settlement offers. These settlement offers will need to be carefully considered because once they are accepted, the case is closed. If a sufficient settlement offer cannot be reached, the case may go to court. In court, a personal injury lawyer can put forward the evidence in a compelling way to help a jury understand the severity and award an adequate judgment.
Get Help with Filing a Wrongful Death Action in Spring
If you are filing a wrongful death action in Spring, TX, make sure that you have an experienced, dedicated lawyer on your side. Our lawyers understand the process and can make sure you put forward the strongest case to get justice. Call today to discuss your case.
