In the aftermath of losing a loved one, we’re often left broken. The grief can be overwhelming and leave us asking why. Why them? Why now? Why like this? If our loved one’s death occurred under questionable circumstances, we will have even more questions, like:
- Who is responsible for this?
- Could my loved one’s death have been avoided?
- What can be done about this situation?
- How can I hold those at fault accountable?
At Webster Vicknair MacLeod, we have been fighting on behalf of wrongful death victims and their families for years. Our experienced personal injury attorneys can help you determine what led to your loved one’s death, including who is responsible and whether negligence was involved. From there, we can guide you through the legal process of holding those at fault for your loved one’s death accountable for their negligence.
Who Is Eligible to File a Wrongful Death Lawsuit in Texas?
A wrongful death lawsuit is a legal claim filed against a person or entity that is alleged to be responsible for someone else’s death. Under Texas’ wrongful death statute, only the following relatives can file a wrongful death lawsuit on behalf of a victim:
- Husband or Wife
A wrongful death suit can be filed by an individual relative or a group of relatives.
5 Common Types of Wrongful Death Lawsuits in Texas
Our wrongful death attorneys have more than 120 years of combined legal experience. The following are a list of the five most common wrongful death lawsuits we’ve encountered throughout our years practicing law in Texas:
- Car Accidents – Fatal car accidents are one of the most common types of wrongful death accidents. According to the National Highway Traffic Safety Administration, there are more than 300,000 auto accident fatalities a year. Many of those deadly accidents are the result of negligence. In some cases, the negligence involves the state, because the accident happened due to poor road conditions. In most instances, these accidents happen because of another driver’s negligence or the negligence of an auto manufacturer. Examples of common types of negligence that can lead to deadly car accidents and wrongful death lawsuits include reckless driving, drunk driving, speeding, distracted driving, and drowsy driving.
- Medical Malpractice – Doctors, nurses, and other medical professionals are human. They make mistakes. Unfortunately, when a medical professional makes a mistake, it can cost a patient their life. The American Medical Association lists medical negligence as the third leading cause of death in the United States. Common types of medical errors that can result in wrongful death lawsuits include misdiagnosis, failure to diagnose, surgical errors, birth injury, pharmaceutical errors, and improper or delayed treatment.
- Defective Products – Sadly, defective products are released to the public far more often than many of us realize. Companies that release unsafe products to consumers are generally at fault if using the product results in a consumer getting hurt or killed. Defective products that most often lead to wrongful death suits include dangerous toys and childcare products, pharmaceuticals, defective vehicles, and toxic food products and containers.
- Workplace Accidents – Fatal workplace accidents occur in all lines of work, from office jobs to construction to teaching. Bottom line, if an employer puts an employee in a dangerous situation that results in the employee’s death, depending on the circumstances, it could be grounds for a wrongful death lawsuit.
- Nursing Home Abuse – Nursing home residents are some of the most vulnerable members of our society. They reside in nursing homes because they can no longer properly take care of themselves. A nursing home worker’s job is to treat residents with kindness and remain attentive to their needs. Tragically, some nursing home employees instead use their position to abuse residents, which can result in residents suffering injuries and losing their lives. Examples of nursing home abuse that can result in a wrongful death lawsuit include malnourishment, failure to diagnose, dehydration, negligence resulting in slip and fall accidents, failure to monitor, and physical abuse.
Schedule a Free Initial Consultation with Our Experienced Wrongful Death Attorneys
When we take on the family of a wrongful death victim as a client, our personal injury attorneys at Webster Vicknair MacLeod understand what’s at stake. Anyone who has ever lost someone knows that nothing can make up for their loss. However, if you lost someone due to another’s negligence, your loved one deserves justice. Those at fault must face legal consequences. Why? Because what they did resulted in the unforgivable and holding them responsible is the best way to prevent others from suffering due to their negligence in the future.
In addition, many families of wrongful death victims are left to struggle financially in the wake of their loss. The loved one they lost may have been the family’s main breadwinner or left the family with a mountain of medical expenses, or other types of debt, before they passed away. Through a wrongful death lawsuit, families of victims can recover compensation for hospital bills, current and future loss of income, living expenses, and funeral costs.