Many families have suffered the loss of a loved one due to an accident which was caused by the negligence of another person or an entity. The primary cause of wrongful deaths among those under the age of thirty-five in Texas is auto accidents.
Texas Wrongful Death Lawyer
Medical malpractice is the next highest cause of wrongful death followed by falls, accidents in the workplace, industrial accidents, manufacturing defects, accidents occurring while boating or swimming, train accidents and asbestos exposure. This kind of loss is called a wrongful death and can bring devastation to family members, both emotional and financial.
An experienced wrongful death attorney also understands the family of the deceased is likely suffering serious financial loss due to medical expenses and the loss of income normally relied upon to pay living expenses. In these circumstances, wrongful death claims can be filed by the Dallas, Austin and Fort Worth law firm of Bobbitt Law on behalf of the grieving family.
Manufacturing Defects Leading to Wrongful Deaths
When a manufacturer is aware of a specific defect in their product which is capable of producing harm and does nothing about to, then the safety of consumers is put at serious risk. In some cases of wrongful death, the courts will award punitive (or “punishment”) damages which are meant to discourage big businesses from repeating harmful actions. Some of the most common manufacturing defects include roadways with poor designs, airbags which fail to deploy or tires with defects, seatbelt or brake failure, rollover accidents leading to roof crush, children’s toys with lead or other toxic components and defects in power tools, farm equipment and lawn mowers.
The Most Important Decision
One of the most important decisions a family can make at this difficult time is to hire a highly experienced Texas lawyer who can handle all the complexities of a wrongful death claim. For family trying to heal during this time, the extra burden of attempting to obtain wrongful death damages can simply be more than most families can handle. A wrongful death attorney in the Dallas, Austin or Fort Worth area can ensure an equitable settlement is reached. When defendants balk at paying what they should, the lawyer can file a complaint with the courts to set a wrongful death lawsuit in motion. This complaint will list the reasons the defendant is being sued as well as the laws supporting those claims.
Issues Which Determine Whether a Family Can Bring a Wrongful Death Suit
In order to file a wrongful death suit, the attorney must be able to show there are compensable damages which can be clearly documented. Next, the lawyer must be able to identify a defendant who was responsible for the untimely death of the victim through their negligence or unlawful conduct. The lawyer will also determine whether there is standing; those who have standing to bring a wrongful death suit are generally the family or heirs of the deceased. This can vary between jurisdictions, but normally the parents, children and spouse of the victim have standing to bring a wrongful death claim.
The Difference between a Personal Injury Lawsuit and a Wrongful Death Lawsuit
Personal injury cases base their award on the needs of the victim so far as medical expenses, lost wages and any possible pain and suffering. A wrongful death lawsuit will consider the present and future needs of the victim’s family. The intent of recovering wrongful death damages is to help a family, on a financial level, who has been hit with a sudden, unexpected loss to rebuild their lives and receive compensation for financial as well as emotional loss. The settlement in a wrongful death lawsuit takes the wages the deceased would have earned in the future into consideration as well as all funeral or burial expenses. In some cases, loss of a companion or the grief suffered by the family can factor into the compensation amount as can mental anguish of the grieving family.
Wrongful Death Claims Can Be Full of Complexities
It is extremely important that the family of the deceased have an aggressive yet compassionate attorney on their side who will work hard to get them the financial settlement they deserve. Insurance companies will never offer an equitable settlement without the benefit of a Texas law firm fighting hard for the family’s rights. An experienced wrongful death attorney, such as those at Bobbitt Law, can fully explain your rights, determine whether you have standing to bring a wrongful death suit and evaluate the merits of your case. Additionally, our lawyers can estimate your potential settlement based on the facts of your case, can educate you on the process of filing the claim and, most importantly, can handle all the details in order to give you the time you need to recover from your loss.
The Dallas, Austin and Fort Worth firm of Bobbitt Law has experienced personal injury attorneys that can provide you with the highest level of representation to help you achieve the best possible outcome of your case.
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