There is no doubt that losing a loved one is a devastating experience. But, when the death of someone you love is caused by another person’s negligence or intentional action, it may leave you feeling completely lost and heartbroken. The good news is that a wrongful death claim can be brought against any entity or person who has caused another person’s death.
Whether you are a surviving family member or a representative of the deceased person’s estate, you may file a claim or lawsuit against whoever is liable for your loved one’s death. Under Texas law, wrongful death claims are applicable in various scenarios where one person’s carelessness, neglect, or wrongful act causes another person’s death.
Here are various situations that can lead to a wrongful death claim or lawsuit in Texas.
The leading cause of wrongful death cases in Texas is auto accidents. In 2019 alone, more than 3,610 people died on Texas roadways in accidents involving vehicles, large trucks, motorcycles, passenger vehicles, and school transportation. Put differently, roughly ten people lost their lives daily due to automobile accidents.
With alcohol being sold on virtually every street corner and technology becoming an extension of our hands, Texas roadways have become even more dangerous for all road users. However, these are not the only factors contributing to auto accidents. Speeding, reckless driving, not paying attention to the road, and any other intentional disregard of safety regulations can cause auto accidents.
If you have lost a loved one to an automobile accident due to someone else’s negligence, you may file a wrongful death lawsuit against the negligent party. Talk to an experienced wrongful death lawyer to learn whether you have a ground to file a wrongful death claim.
Accidents are unavoidable regardless of where you work. While industries like construction have higher risks of getting injured or even killed while at work, accidents can happen in any occupation, including an office and classroom. When a workplace accident causes the death of a loved one, you may be able to hold the deceased’s employer responsible for their gross negligence or fault. For instance, if a trucking company forces a driver to work in potentially dangerous or unsafe conditions and he or she dies an accident, the surviving family member of the deceased may be able to file a wrongful death lawsuit against the trucking company.
Typical work-related wrongful death claims can involve accidents in various industries, including:
- Railroad worker injuries
- Barge and towboat accidents
- Asbestos and mesothelioma
- Transportation industry accidents
- Manufacturing accidents
- Construction accidents
It is not unusual for consumers to inadvertently buy defective products that eventually cause serious personal injuries or even kill them. Some of the most common examples of defective products that have led to wrongful death include defective automobiles, toxic foods, pharmaceutical products, and unsafe products designed for children. Because companies are required to ensure their products’ safety, you may have a valid wrongful death case when a defective product causes a loved one’s death. However, you must be able to prove liability by showing that the defective product directly caused death, not some underlying conditions. Having a wrongful death lawyer on your side can help increase your chances of success.
Doctors and nurses are expected to take care of us when we get ill or injured. After all, they have the relevant training and expertise to do just that. The unfortunate reality is that they make mistakes, just like other humans. According to recent research by the American Medical Association, medical errors are the third leading cause of death. The most popular medical malpractice accusations include misdiagnosis, failure to diagnose, and errors when treating conditions or during surgery. When such medical-related mistakes cause a loved one’s death, you may be able to file a wrongful death claim against the negligent party.
Nursing Home Abuse
When people, mostly the aged, cannot live a life without relying on someone else, it is normal for them to be put in a nursing home. These individuals often have poor health and require care and guidance, even on some of life’s most basic tasks. When such a fragile person is abused, the consequences can be dire, and in some instances, may include death. Under Texas law, death resulting from any kind of nursing home abuse may form the basis for a wrongful death action.
Some of the most common forms of abuse in nursing homes often include:
- Negligence resulting in slip and fall accidents
- Failure to diagnose
- Failure to monitor
- Physical abuse
Contact Houston Wrongful Death Lawyers at Johnson Garcia LLP for Help
If you have lost someone you love due to another person’s negligence, you can trust the team of Houston wrongful death attorneys at Johnson Garcia LLP to help. Whether the untimely death of a loved one was caused by a construction site accident, medical malpractice, dog attack, or any intentional act, we will handle your case with compassion and professionalism. While we believe that no amount of money can really make up for the loss of someone you love, we dedicate all our legal resources to ensure that you get justice and fair compensation. Talk to us today so we can review and investigate your case.