Losing a loved one can be particularly heartbreaking and upsetting if it happened due to the negligent actions of another person or company. If someone suffers an untimely and senseless death, it is not only devastating for those left behind; it can also be financially crippling for a family that might have lost its main provider.
The sooner you initiate action, the sooner you could get started seeking compensation to help with your mounting bills and financial responsibilities. While legal action cannot bring back your loved one, it can help your family to cope with the financial strains resulting from your loved one’s death.
Call Ben Crump Law, PLLC, today for a free review of your potential wrongful death claim. You can reach us at (844) 777-4453.
What Are Examples of Wrongful Death Cases?
Generally, any accident or action caused by negligence and resulting in death could potentially become a wrongful death lawsuit. This can include the following examples:
- Motor vehicle accidents
- Slip and fall accidents
- Attacks and assaults due to negligent security
- Medical malpractice
- Defective products
- Defective drugs
- Workplace accidents
- Exposure to toxic substances
- Police brutality
- Intentional violence and murder
- Nursing home abuse and neglect
- Boating and aviation accidents
- Amusement park deaths
- Bicycle accidents
- Pedestrian accidents
Keep in mind that this list of potential causes is not exhaustive as there can be many different circumstances that could result in a wrongful death claim in Austin.
If you suffered the loss of a loved one and believe you have the right to pursue a wrongful death claim, do not lose any time and contact your Austin wrongful death lawyer for help today. The statute of limitations gives plaintiffs two years to pursue a wrongful death claim according to Texas Civil Practice and Remedies Code §16.003. However, the timeframe for legal action against a government entity or the state can be even shorter.
Proving a Wrongful Death Claim
While it may be obvious to you that your loved one died due to a negligent action, you will still have to prove your case in a court of law. In a wrongful death case, you will need to prove the following elements with strong and compelling evidence:
- Duty of Care
First of all, you will have to establish that the defendant had a duty of care towards the decedent. If your loved one died in a car accident, to name just one example, it is more or less a given that all road users automatically have a duty of care towards others on the road.
- Breach of Duty
You will also need to provide evidence that the defendant breached their duty of care. In a motor vehicle accident, driving drunk or excessive speeding can be a breach of duty. In a medical malpractice case, you will need to show that a doctor acted negligently by not practicing a certain standard of care when treating your loved one.
- Causation
You will also need to present evidence that shows your loved one died as a direct result of a defendant’s breach of duty.
- Damages
In a wrongful death claim, you will have to show proof of your losses from the death of your loved one. Proof can include medical bills, loss of income and benefits, and more.
In a wrongful death claim, you must shoulder the burden of proof. We understand that plaintiffs in a wrongful death claim may feel daunted by the task of filing suit against another person, company, or the government. When a loved one dies in such tragic circumstances, grief and heartbreak can be immeasurable and paralyzing. Moreover, those left behind may also have to deal with a considerable amount of bureaucracy and paperwork after a death in the family.
Your Austin wrongful death lawyer understands your concerns and worries. The team at Ben Crump Law, PLLC, is here to help you with your case in every way we can.
For a free legal consultation with a wrongful death lawyer serving Austin, call (844) 777-4453
A Wrongful Death Lawyer Can Help
While you can go it alone, consider the benefits of hiring a wrongful death lawyer who can fight for your best interests and protect you. Some of the reasons why hiring a wrongful death lawyer can be beneficial include:
Legal Support
Having a dedicated wrongful death lawyer by your side can help you through a difficult time and what might otherwise be a stressful court case. Your lawyer could help you file all legal documents correctly and in time and progress your case behind the scenes.
Knowing the Worth of Your Claim
Your lawyer can assess your case and might be able to find out the financial as well as emotional impact that losing your loved one has had on the family. Your lawyer can use their expertise to calculate your losses adequately. Damages can include:
- Medical expenses
- Funeral costs
- Loss of income and benefits from the deceased
- Pain and suffering
- Loss of companionship
- Loss of inheritance
Negotiating an Out-of-Court Settlement
In some cases, wrongful death claims do not go to court, and your lawyer might be able to negotiate an out-of-court settlement with the defendant and any insurance companies. If your case does go to court, you can rest assured that your lawyer can fight for a settlement.
Austin Wrongful Death Lawyer Near Me (844) 777-4453
Filing a Wrongful Death Lawsuit
According to the Centers for Disease Control and Prevention (CDC), almost 170,000 people died due to unintentional injuries and accidents in 2017. However, not all accident deaths necessarily warrant a wrongful death lawsuit. The death must occur due to a negligent or intentional action by another party.
Consider that not everyone can file a wrongful death claim, and usually, only immediate family members may do so. Generally, the following persons can file a wrongful death lawsuit:
- The spouse or domestic partner of the deceased
- Any children of the deceased
- The parents of the deceased
- A representative of the estate
However, there may be others that could potentially initiate legal action. You can consult with your Austin wrongful death lawyer for more information.
Call the offices of Ben Crump Law, PLLC, today for a free and no-obligation consultation regarding your wrongful death case. Reach the team at (844) 777-4453.
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