The sudden loss of a loved one is devastating to a family. Nothing can ease the pain a family feels when they learn their loved one has lost their life in an accident. A factor that can increase this pain is learning that the death of their loved one could have been prevented.
Under Texas law, a wrongful death is considered any death that occurs as a result of a “…wrongful act, neglect, carelessness…”. In these cases, it may be possible to file a wrongful death claim on behalf of the decedent’s estate. To learn how to pursue a wrongful death claim, contact a wrongful death lawyer at Rodney Jones Law Group P.C. to schedule a free consultation.
What is a Wrongful Death Claim?
A wrongful death claim is a lawsuit that seeks to hold a person financially responsible for the death of another person. These claims are civil in nature and do not involve criminal charges.
Even if the person responsible for the injuries that led to someone’s death is not criminally charged for their action, it is possible to file a wrongful death claim. Under Texas statutes, the clients filing a wrongful death claim may include surviving spouses, children, or parents. Additionally, it may also be possible for an estate executor to file a claim.
Wrongful death claims are complicated. The first step in the process is to show that had the person survived their injuries, they would have been able to file a personal injury lawsuit on their own behalf. At Rodney Jones Law Group P.C., a wrongful death law firm, we can help evaluate the circumstances of the death and help surviving family members decide on what steps to take next.
Common Causes of Wrongful Death Claims
Any type of accident can result in injuries, which lead to death. The three things that must be demonstrated include the person must have owed the decedent a duty of care, that the duty of care was breached, and that the breach of the duty of care resulted in death. The most common causes of wrongful death claims often include:
- Roadway Accidents — when someone is operating a motor vehicle, they are required to pay attention to the road. They owe other drivers, pedestrians, and passengers in motor vehicles a duty of care. When a car accident victim loses their life because a driver was reckless, intoxicated, or distracted, it may be possible to hold them financially accountable for their actions.
- Waterway Accidents — reckless operation of a watercraft can result in injury. When a victim suffers an injury that later results in their death, then there may be a basis for a wrongful death claim.
These are two common types of wrongful death claims, but there are others. Other accidents, including workplace accidents, death resulting from a defective piece of machinery, or a deliberate action that results in death, can also result in a wrongful death claim.
Families who have lost a loved one from any accident they believe could have been avoided are encouraged to contact Rodney Jones Law Group P.C. for a free consultation and case evaluation.
Why Hiring a Wrongful Death Attorney is Important
We understand losing a loved one is devastating and that no amount of money can make up for that loss. Our clients deserve an advocate who will work on their behalf and fight back against insurance companies who do not want to accept responsibility for the inaction or actions of their clients.
A wrongful death lawyer has the skills, knowledge, and experience to handle a wrongful death claim from start to finish. Using their knowledge and the relationships they have built serving their clients, a wrongful death lawyer can help prove all of the necessary elements of a wrongful death claim.
No family should ever have to attempt to work through the complexities of a wrongful death claim while they are grieving the loss of a loved one. A skilled wrongful death lawyer can handle all aspects of the claim on your behalf.
