Texas Workplace Equipment Wrongful Death Claims: Who Can Families Sue?

Has your loved one recently died because of a preventable workplace accident in Texas? When negligence in the workplace leads to fatal accidents, the finances of grieving families are often put under extreme stress. Working with a skilled lawyer to win compensation from liable parties may be the only way these families can stabilize their finances and cover unexpected expenses.

That is why Texans have turned to the Texas wrongful death attorneys at Carabin Shaw since 1992. Our team knows exactly what it takes to deliver the results you need. Read on to learn more, and contact us online or call toll-free at 1-800-862-1260 to take advantage of our free case review offer. English- and Spanish-speaking staff are available 24/7 to assist you.

When accident victims are killed due to the negligence of others, wrongful death claims allow their surviving loved ones to pursue justice on their behalf. Spouses, parents, and children of the deceased qualify for wrongful death claims, while more distant family members like cousins and grandparents do not. While nothing can replace a lost loved one, wrongful death claims provide valuable financial relief for grieving families.

When a Texas work-related death is caused by the negligence of others, negligent parties can be held liable for wrongful death claims. Negligence refers to any action or inaction that fails to meet the duty of care owed by any party. Common examples of negligence leading to liability for fatal workplace accidents are:

• Failure to properly supervise employees
• Violating safety regulations
• Using defective equipment
• Failure to conduct safety inspections
• Failure to address known hazards
• Poor hiring/training practices
• Negligent maintenance
• Failure to provide necessary protective equipment

Multiple parties, including victims, may share liability for an accident under Texas’s modified comparative fault rule. Any party with less than 51% liability can still pursue lawsuits and insurance claims, but the settlements of partial-fault victims will be reduced by their percentage of fault. A Texas work accident lawyer can work to minimize liability for partial-fault victims, which will help maximize the wrongful death compensation received by grieving families.

Many work accidents result from negligence by someone other than the victim's direct employer. Maintenance workers, commercial vehicle operators, and other third-party contractors can all be held accountable for wrongful death through third-party liability. For example, victims can work with a product liability lawyer to pursue claims against manufacturers of defective equipment.

In wrongful death claims, victims' losses are quantified through damages. Damages cover both the direct financial impact of an accident and its emotional toll. With the help of a Texas work injury attorney, victims can pursue a variety of damages including:

• Reimbursement of medical expenses
• Lost wages
• Loss of benefits
• Property damage
• Pain and suffering
• Permanent disfigurement
• Loss of companionship
• Mental anguish
• Punitive damages

Fatal accidents caused by gross negligence may result in punitive damages. These damages are meant to punish liable parties and prevent repeat offenses. Claims involving punitive damages can be particularly lucrative for victims.

Working with an experienced lawyer, like those at Carabin Shaw, is the best way to ensure a successful Texas wrongful death claim. Your attorney will build you the strongest possible case and maximize the compensation you receive. The benefits of working with a lawyer are not limited to the courtroom. Your attorney can help gather evidence for you, handle correspondence, negotiate your insurance claims on your behalf, and provide invaluable guidance and emotional support.

At Carabin Shaw, we have spent more than three decades winning cases for victims like you. Our attorneys specialize in maximizing compensation and minimizing stress. Visit our law firm’s client reviews to hear from the many satisfied Texans we have already helped.

Your pursuit of justice is risk-free thanks to Carabin Shaw’s contingency-fee agreement. That means you pay nothing unless we win your case! To get started, contact us online or call us toll-free at 1-800-862-1260. Our English- and Spanish-speaking staff is available 24/7 to schedule a free case review.

For more information:

• ​​Texas Statutes 71
• Texas Statutes 33
• OSHA