A wrongful death attorney in McAllen, TX, can explain how state statutes governing personal injury law may be relevant if a third party’s conduct may have been partially responsible for an undesired outcome.
Why Legal Responsibility in the Wake of Tragedy Matters
Not all devastating accidents give rise to a wrongful death lawsuit. The crucial feature of an event is how the underlying incident developed. A deadly vehicle crash will raise different legal issues than an on-the-job accident, a hospital or healthcare provider medical mistake, or a hazardous premises situation.
Personal injury law provides a guide for determining whether another individual or business had a duty of care toward the deceased and, if this duty was violated, how the failure led to unfortunate outcomes. This is a different inquiry than simply wondering whether or not someone else is to blame for the event. Both relevant evidence and Texas statutes must support this claim.
The Proof Required to Establish a Legal Case of Wrongful Death
Evidence is especially important when a deceased person cannot explain his or her views and experiences. A family should be prepared to secure all available relevant documentation, such as police summaries, medical and hospital reports and records, photographs, witness statements, an employer’s accident reports and personnel files that support a particular theory of what occurred.
Evidence can include more than these types of forms. Nevertheless, relevant materials should almost certainly be collected and kept in a safe location. Some data goes away entirely over time, such as memories and even the health condition of witnesses or other parties involved. Some documentation becomes harder to track down as the days, weeks, months, and years pass.
What a Successful Claim for Wrongful Death Can Mean for Family Members
A wrongful death lawsuit offers an extended examination of concrete losses only in certain circumstances. Texas statutes permit eligible family members to seek financial damages to cover various expenses related to the death. It is a mistake to consider wrongful death lawsuits only in terms of assigning liabilities; more importantly, a case against a non-negligent party may be the only way to pay for funeral services, burial costs, and, if the deceased was a breadwinning member of the family, replace lost wages. Additionally, family members may be awarded “compensatory” damages to cover the services that the deceased performed for the family in terms of parenting, household chores, and companionship.
The family may also seek and secure money to help cover non-economic forms of loss. No amount of money can return the lost loved one, especially if a person is taken away before his or her time. But the survivors may want to have someone consider how much emotional distress, pain and suffering have been unleashed into their world.
Legal Bottom Line: State Laws Influence What Loved Ones Do Next
A family mourning because of a wrongful death soon after may be asked to make choices quickly, especially if the deceased had life insurance or if another party (while stating that it is not legally responsible) nonetheless wants to negotiate a financial settlement with the bereaved. Families should be aware that there are statutory limits to how much time they have to bring suit, who can file suit, where the suit must be filed, what will happen if a statute of limitations runs out before a court case is filed or the case is resolved, and the jury trial standard for pain and suffering and other non-economic forms of loss.
Understanding these rules, then, can help avoid certain avoidable mistakes. It can also help a family see what it might need to do and what rights may be available under Texas injury law.
Making Uncertainty Into an Informed Decision
Nothing in the courts can bring back someone we love. But the law can give a process by which we can look at questions of fault and answer for some consequences of a preventable death. When we know how the rules of wrongful death apply, a family can make decisions based on facts, with greater information, proof, warning and power.
