Common Reasons to Sue for Wrongful Death in Texas
Losing a family member is one of life’s most stressful experiences. When the loss of your loved one is unexpected, bills and expenses pile up and can add to your stress, grief, and emotional anguish. You may need psychological care, and end-of-life costs (such as a funeral expenses or legal fees) to probate your loved one’s will can add up. If you’ve lost a family member in Midland, Texas read on to learn the common reasons for filing a wrongful death lawsuit and how a Carabin Shaw lawyer can help you recover damages you may be entitled to.Wrongful Death Claim in Midland
Chapter 71 of the Texas Civil Practice and Remedies Code contains definitions and provisions for filing a wrongful death lawsuit in Texas. Section 71.002 states that a person may be responsible for the death of an individual if that death is caused “by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.”
If you’ve lost a family member unexpectedly, sorting through “legalese” is probably the last thing on your mind. Midland personal injury lawyers are experts in wrongful death lawsuits, and calling an attorney as soon as possible after your loved one’s death can give you peace of mind that someone is looking out for your interests.Understanding Suits for Wrongful Death
Before you file a wrongful death lawsuit, you should understand the difference between criminal and civil liability. A criminal charge is not filed by the family members of a decedent; only an attorney representing the government can bring a criminal charge like murder or manslaughter. If the person responsible for your family member’s death is criminally charged, that does not mean they can’t also be held civilly responsible. In fact, the burden of proof in a civil suit is lower than in a criminal suit. A person can be found not guilty of a criminal charge but still be held civilly responsible for your loved one’s death in a wrongful death lawsuit. Even if criminal charges are filed in the case of your loved one’s death, you should still contact a Midland wrongful death attorney to discuss the civil aspects of your case.
More often, though, wrongful death suits are filed when the actions of a person don’t rise to the level of a criminal charge. A wrongful death suit can also be filed against a company that was negligent in regard to things such defective products or safety regulations. If the company failed to take actions that an ordinary person would take to prevent the circumstances in which your family member died, the company may be liable to you for damages. In a suit for wrongful death damages, Texas law allows a person or company to be held financially responsible for their negligence even if they aren’t charged with a crime.
You may be wondering, who are the best wrongful death lawyers near me? Will they be able to tell if my family member’s death was the result of negligence? The short answer is yes: a wrongful death lawyer serving Midland is a necessary resource if you’re asking yourself these questions.
Each wrongful death case is unique, but some common reasons to sue for wrongful death in Texas include:
- Driving while distracted or under the influence of alcohol or drugs
- Medical malpractice, including misdiagnosis and delayed diagnosis
- Neglect or abuse in a nursing home resulting in the death of a resident
- Failure to take appropriate actions to cure defective products
- Failure to follow safety regulations, resulting in explosions or other dangerous situations such as falling debris
If you live in Midland and have lost a loved one in one of the situations described above, or in any other suspicious circumstances, don’t hesitate to contact a lawyer. The experts at Carabin Shaw will assess your case and help you get the compensation you deserve. Call them today at 432-620-0544.