The Schertz TX Guide to Wrongful Death Lawsuits After a Fatal Workplace Incident

Confusion over the legal process adds overwhelming stress to the grieving victims of fatal workplace accidents in Schertz, TX. Workers’ compensation provides some benefits with minimal or no legal intervention, but hiring an experienced local lawyer can help you get the full compensation you deserve.

The compassionate and professional Carabin Shaw attorneys understand the challenges families face after losing a loved one. Our experienced team can help you fight for maximum compensation, ensuring you get the support you need after a serious accident. In addition, we offer our services on a contingency-fee-basis, so legal fees don’t add financial burden to your hardship. Contact our top Texas law firm today to learn more.

A surviving family member may be able to receive workers’ compensation benefits or wrongful death compensation, depending on their relationship to the deceased victim and the circumstances of the death.

Texas workers’ compensation provides death and burial benefits to the following family members of a deceased worker:

• Spouse
• Minor children
• Children under 25 who are in college
• Grandchildren who are dependents
• Other dependent family members
• Sometimes non-dependent parents

Workers’ compensation restricts benefits to 75% of the deceased victim’s average weekly wage. Insurance will also pay for burial expenses. A Schertz TX wrongful death attorney can help you negotiate with the insurance company and fight for full benefits.

The Texas Civil Practices and Remedies Code provides compensation to the following family members after a workplace wrongful death in Schertz:

• Spouse
• Children (including adopted children)
• Parents

Employers are protected from wrongful death liability when they provide workers’ compensation insurance except in cases of intentional acts or gross negligence. Compensation in a Texas wrongful death lawsuit can include loss of income, loss of companionship, and loss of inheritance.

Your familial relationship to the deceased worker can determine whether or not you are eligible to receive damages in a workers’ compensation case or wrongful death lawsuit. This relationship may confuse couples who did not get a marriage certificate. Consulting a lawyer in Schertz, Texas, can help you determine if your relationship entitles you to compensation.

Texas recognizes common law marriage as long as the relationship meets three requirements:

1. The couple agreed to be married
2. The couple lived together as husband and wife
3. The couple represented themselves as a married couple

If your lawyer can prove that the relationship meets these requirements, the surviving partner of the deceased worker is eligible for workers’ compensation death benefits and wrongful death compensation.

A fatal workplace accident lawyer must prove negligence to win a wrongful death lawsuit. Negligence occurs when someone breaches their duty of care to an injured party. To argue for liability in a wrongful death case, an attorney must establish that the negligence caused death.

Potential liable parties in a workplace wrongful death lawsuit include:

• Employers
• Property owners
• Equipment manufacturers
• Vendors
• Maintenance companies
• Vendors

Your attorney will interview you about the details of the fatal accident, so you can hold all parties who played a role in the death responsible for damages.

While there are clear limits on workers’ compensation benefits set by the deceased employee’s previous wages, wrongful death compensation is less clear and may be worth much more than a workers’ compensation insurance payout. Your attorney will negotiate with the insurance company and file a civil claim if possible, maximizing your potential for a fair settlement.

Call Carabin Shaw Today to Schedule Your FREE Initial Case Review! Our Trusted Texas Law Firm Will Get You the Justice Your Family Deserves

While no amount of money can bring back your loved one, financial compensation reduces the burden on you and your family while you grieve. Call Carabin Shaw today on our toll-free number at 800-862-1260 to set up a free case review and evaluate your legal options. Read our client reviews to find out more about our compassionate legal services, and then speak to one of our English- or Spanish-speaking staff members who are available 24/7 to answer the phone.

For more information:

• TDI
• Texas Statutes 71
• Texas Statutes 404