Any kind of industrial or construction accident can result in severe injuries. Some victims do not survive their injuries, leaving their loved ones to wonder how to overcome the significant economic strain of their loss as well as the emotional devastation from the untimely death of a loved one. If you recently lost someone in an industrial accident in the Dallas-Fort Worth area, contact the Law Firm of Aaron A. Herbert today to schedule a free case review.
How Will an Attorney Help?
The sudden loss of a loved one is tragic, but knowing the death resulted from another party’s negligence can add anger and resentment on top of grief and loss. A family experiencing this needs reliable legal representation to hold the responsible party accountable. Your attorney can advocate on your behalf in court and in correspondence with insurance carriers if necessary. An attorney can also gather evidence and arrange for expert witnesses to testify on your behalf to support your wrongful death claim.
Proving Fault for a Wrongful Death
Liability for a wrongful death could potentially fall to one or more parties after a fatal industrial accident. The employer could face liability if the employer knew about the fatal hazard but did not correct it. A product manufacturer could face liability for a wrongful death if a defective product killed a worker, and a third party could face liability if he or she caused a wrongful death in any way.
Wrongful death claims, like personal injury claims, hinge on the legal concept of negligence, or one party’s failure to exercise reasonable care in a given situation. To succeed with a wrongful death claim, the plaintiff’s attorney must prove the defendant owed a duty of care to the deceased but breached that duty in such a way it caused his or her death.
Wrongful Death Claims in Texas
Every state has different laws for handling wrongful death claims, and these laws generally determine who may file wrongful death claims, the damages available from a successful claim, and the time limit in which a claimant has to file. In Texas, a claimant has two years from the date of a death to file a wrongful death claim. If a claimant attempts to file a wrongful death claim after this two-year window, the defendant may simply file a motion to dismiss on the grounds of the missed statute, which the judge hearing the case will likely grant.
Texas allows the surviving spouse, parent, or child of a wrongfully deceased person to file a wrongful death claim. Adoptive parents and adult adopted children may also file wrongful death claims in Texas. If no such party files a wrongful death claim within three months of the death, a personal representative of the deceased’s estate may file one instead.
Texas state law allows wrongful death claimants to secure compensation for the economic losses related to a wrongful death. Compensation areas would include items such as funeral and burial costs and medical expenses for treating the deceased’s final illness or injury. A wrongful death claim may also yield compensation for pain and suffering the deceased endured before dying.
In addition, a plaintiff may seek compensation for the loss of consortium and loss of affection experienced by the surviving loved ones. Ultimately, a wrongful death claim seeks to compensate losses to the deceased’s estate, but Texas law allows the beneficiaries of the estate or anyone with a claim on the deceased’s estate to pursue a wrongful death claim if necessary.
Get Legal Assistance
If you recently lost a loved one in an accident in the Dallas-Fort Worth area and believe another party is responsible for your loved one’s death, the Law Firm of Aaron A. Herbert, P.C. can help. Our firm has extensive experience with Texas wrongful death claims and can help you secure the compensation you and your family need to recover from your economic losses and grieve in peace. Contact us today to schedule a free case review and find out more about your options for legal recourse.