Wrongful Death Claims in Texas: Understanding the Process and Seeking Justice
David K. Wilson & Associates
June 15, 2024
The loss of a loved one due to someone else’s negligence or wrongful actions is devastating. In Texas, wrongful death claims provide a legal avenue for surviving family members to seek justice and compensation for their loss. This post will explore the process of filing a wrongful death claim, who can file, and what damages may be recoverable.
What Constitutes Wrongful Death?
Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. Common causes include:
- Car Accidents: Fatalities resulting from negligent or reckless driving.
- Medical Malpractice: Deaths caused by medical negligence or errors.
- Workplace Accidents: Fatal incidents occurring due to unsafe working conditions or employer negligence.
- Defective Products: Deaths resulting from dangerous or defective products.
- Criminal Acts:
Homicides and other intentional acts of violence.
Who Can File a Wrongful Death Claim in Texas?
In Texas, the following individuals are eligible to file a wrongful death claim:
- Surviving Spouse: The husband or wife of the deceased.
- Children: Both biological and legally adopted children of the deceased.
- Parents: Biological or adoptive parents of the deceased.
If none of these parties file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim unless expressly prohibited by the eligible family members.
Steps to Take When Filing a Wrongful Death Claim
- Consult a Wrongful Death Attorney: An attorney can help you understand your rights and the legal process.
- Gather Evidence: Collect evidence supporting the claim, such as medical records, accident reports, and witness statements.
- File the Claim: The attorney will file the wrongful death claim in the appropriate court.
- Negotiate a Settlement: Many wrongful death claims are settled out of court. Your attorney will negotiate with the responsible party’s insurance company.
- Go to Trial if Necessary: If a fair settlement cannot be reached, the case may go to trial.
Recoverable Damages in a Wrongful Death Claim
- Economic Damages: Include medical and funeral expenses, lost wages, and loss of future earnings.
- Non-Economic Damages: Compensation for pain and suffering, mental anguish, loss of companionship, and loss of consortium.
- Punitive Damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
The Role of a Wrongful Death Attorney
A wrongful death attorney can:
- Investigate the Death: Conduct a thorough investigation to gather evidence and establish liability.
- Navigate Legal Complexities: Handle all legal procedures and paperwork to ensure the claim is filed correctly and on time.
- Negotiate with Insurers: Seek fair compensation through negotiations with the insurance company or responsible party.
- Represent You in Court: If the case goes to trial, the attorney will represent your interests and advocate for maximum compensation.
Filing a wrongful death claim in Texas involves a complex legal process, but it can provide surviving family members with justice and financial relief. Consulting with a wrongful death attorney can help you navigate this challenging time and ensure you receive the compensation you deserve. By understanding the steps involved and your rights, you can seek justice for your loved one and hold the responsible parties accountable.
Aviation accidents can seem less frequent than other crashes but happen more often than people expect, and it’s important to understand the causes and risks of these incidents. As Aviation accidents are more than just plane crashes but can be any occurrence that causes a serious injury or death from the time a person boards the aircraft until a person leaves. Some incidents involve a person coming into direct contact with a part of the aircraft that injures them, or an aircraft component failing, which could lead to an engine malfunction and result in the aircraft catching fire. In all cases, aviation accidents lead to some type of injury or fatality that often results in legal action being taken against the manufacturer, airline, or flight school. At David K. Wilson and Associates, we are committed to advocating for your rights and will help you get the justice you deserve regardless of the aviation cause. We want to help you understand the common causes of these incidents to improve your safety by identifying risk factors when traveling. To improve safety awareness, let’s explore some of the most common aviation accidents. Common Causes of Aviation Accidents Product Design: In some cases, aviation accidents occur due to defects in the design of aircraft components. A defect in one of the design processes might include using materials that were not well tested, defective systems, or a flaw in the engineering process that creates critical failures during flight. Poorly designed products can have a trickle-down effect on other systems, leading to accidents that could have been avoided with better and more adequate design and testing of the product. All aircraft components manufactured for flight must be examined carefully to ensure that they do not compromise safety. The airline or manufacturer may also be held liable for damages if a product design defect is identified as the cause of an accident. Pilot Error: The most common cause of aviation accidents, according to the latest statistics, is pilot error. Pilot error can be any mistake in judgement, decision making, or aircraft operation. For example, it can be as small as a lapse of judgment or as horrific as a pilot who was intoxicated during a flight leading to an error. It’s crucial to recognize that human error, especially in aviation, can be alarming and is often caused by factors like fatigue, inadequate training, distractions, or miscommunication with air traffic control. Examples include not following flight protocols, making the wrong decision during an emergency, and miscalculating weather conditions. Mechanical Failures : The second most common cause is mechanical failure, which is also a component that can lead a pilot to make an error that contributes to the overall accident. Mechanical failures are often due to manufacturing defects, faulty parts, and poor maintenance of the aircraft. When critical components of an aircraft start to malfunction, like the engines, hydraulics, and navigation systems, it causes a pilot to lose control and create emergency situations. An aircraft can be compromised by the smallest defect like a sensor malfunction, ultimately leading to critical system failures. That’s why it’s important for airlines to do thorough inspections and regular maintenance checks before every flight to prevent these life-or-death situations. Weather Conditions : Severe weather conditions can wreak havoc on any aircraft, ultimately compromising a pilot’s ability to guide a plane to a safe landing. Such as thunderstorms, high winds, fog, or snow. These weather conditions can affect visibility and create turbulence, making it difficult for pilots to see and control the aircraft. The aircraft can be affected even before takeoff, as these conditions may influence the pilot's decision to fly or not. If the weather is deemed unsafe, it can halt flight plans altogether, as takeoff under poor conditions could compromise safety. Pilots must consider all possible weather effects while in flight, such as lightning strikes that could damage the electrical system or icing on the wings, which can cause system malfunctions. Mild conditions like fog can even impact the aircraft drastically as pilots will experience navigation errors due to lack of visibility. While pilots and airlines are carefully assessing the weather forecast, it’s important for a passenger to be aware of all the possible outcomes when flying in severe weather. Air Traffic Control Error: When air traffic control miscommunicates to an aircraft and makes mistakes when managing flight paths, altitudes, or runway usage it can lead to severe midair-collisions and takeoff accidents. Communication is a vital aspect of air traffic control (ATC) as any misinterpretation of instructions between ATC and pilots, or even ground control failing in coordinating aircraft movements can have life-threatening consequences. There are multiple factors that can contribute to the lack of communication that can happen on a runway, whether that be human error, understaffing, or equipment malfunctions. To ensure safety air traffic control needs to make sure they have effective communication and that all their technology is up to date. Understanding the common cause of aviation accidents like pilot error, mechanical failure, weather conditions, and air traffic control error is vital for improving safety in the sky. At David K. Wilson and Associates, we want to make sure that every victim whether that be those who have personally experienced an injured in these types of accidents or a loved one has died, is able to identify these causes for pursuing legal action and seeking proper compensation. We believe you need an aviation accident lawyer to become your advocate while going through these difficult times. If you or a loved one has been injured,
Experiencing a serious personal injury can be overwhelming and life-changing. Taking prompt action is crucial for protecting your rights and ensuring you receive the compensation and support you need. This post will emphasize the importance of timely action after a serious personal injury and provide a step-by-step guide on what to do. Immediate Steps to Take Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical care to address your injuries and document them for your legal case. Report the Incident: Notify the appropriate authorities, such as the police or your employer, depending on where the injury occurred. Obtain and keep copies of all reports. Gathering Evidence Document the Scene: If possible, take photos and videos of the accident scene, your injuries, and any contributing factors. Collect Witness Information: Obtain contact details and statements from any witnesses to support your case. Maintaining Records Medical Records: Keep detailed records of all medical treatments, prescriptions, and expenses related to your injury. Incident Reports: Ensure you have copies of any incident or police reports filed. Financial Documentation: Maintain records of any lost wages and other financial impacts resulting from your injury. Consulting a Personal Injury Attorney Seek Legal Advice: Consult a personal injury attorney as soon as possible to understand your rights and legal options. Attorney’s Role: An attorney can help gather evidence, negotiate with insurance companies, and represent you in court if necessary. Understanding Statutes of Limitations Time Limits: Personal injury claims in Texas must be filed within a specific timeframe, usually within two years from the date of the injury. Failing to file within this period can result in losing your right to compensation. Filing a Personal Injury Claim Prepare Your Case: Work with your attorney to gather all necessary documentation and build a strong case. Negotiation and Settlement: Your attorney will negotiate with the responsible party’s insurance company to seek a fair settlement. Going to Court: If a fair settlement cannot be reached, your attorney may file a lawsuit and represent you in court. The Importance of Prompt Action Preserving Evidence: Acting quickly helps preserve crucial evidence that may otherwise be lost or deteriorate over time. Timely Medical Treatment: Prompt medical attention not only aids in your recovery but also strengthens your legal case by providing documented evidence of your injuries. Protecting Legal Rights: Consulting an attorney early ensures you meet all legal deadlines and navigate the complex legal process effectively. Taking prompt action after a serious personal injury is essential for protecting your rights and securing the compensation you deserve. By seeking immediate medical attention, gathering evidence, and consulting a personal injury attorney, you can improve your chances of a successful outcome. Understanding the importance of timely action can make a significant difference in your recovery and legal case.
Aviation accidents, though rare, can have catastrophic consequences, leading to severe injuries or fatalities. Understanding your legal rights and the steps to take following an aviation accident is crucial for seeking justice and compensation. This post will explore the complexities of aviation accident claims and provide guidance on navigating the legal process. Common Causes of Aviation Accidents Aviation accidents can result from various factors, including: Pilot Error: Mistakes made by the pilot, such as misjudgment or improper handling of the aircraft. Mechanical Failures: Defects or malfunctions in the aircraft’s components, such as engines or control systems. Weather Conditions: Severe weather can pose significant risks to flight safety. Air Traffic Control Errors: Mistakes made by air traffic controllers, such as providing incorrect instructions or failing to monitor the airspace properly. Maintenance Issues: Neglecting regular maintenance or improper repairs can lead to accidents. Steps to Take After an Aviation Accident Seek Immediate Medical Attention: Ensure that all injuries are documented and treated by medical professionals. Document the Accident: If possible, collect evidence from the accident scene, such as photographs and witness statements. Report the Accident: Notify the relevant aviation authorities and file an official report. Consult an Aviation Accident Attorney: Seek legal advice to understand your rights and the steps to take. Understanding Aviation Accident Laws Federal Regulations: Aviation is heavily regulated by federal agencies, such as the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB). These agencies investigate aviation accidents and establish regulations to ensure flight safety. Liability: Determining liability in aviation accidents can be complex, involving multiple parties, such as the airline, aircraft manufacturer, maintenance provider, and air traffic control. Filing an Aviation Accident Claim Gather Evidence: Collect all relevant documentation, including accident reports, medical records, and evidence from the accident scene. Identify Liable Parties: Determine all potentially responsible parties, such as the airline, aircraft manufacturer, maintenance company, and air traffic control. Calculate Damages: Include medical expenses, lost wages, property damage, and pain and suffering in your claim. Consult an Aviation Accident Attorney: An attorney can help navigate the complex legal landscape and handle interactions with multiple parties. The Role of an Aviation Accident Attorney An aviation accident attorney can: Investigate the Accident: Conduct a thorough investigation to determine liability, which may involve collaborating with aviation experts. Gather Evidence: Collect and preserve crucial evidence to support your claim, including obtaining records from the airline and maintenance providers. Negotiate with Insurers: Seek fair compensation through negotiations with insurance companies and other liable parties. Represent You in Court: If necessary, file a lawsuit and advocate for your rights in court to secure the compensation you deserve. Recoverable Damages in an Aviation Accident Claim Economic Damages: Include medical and funeral expenses, lost wages, and loss of future earnings. Non-Economic Damages: Compensation for pain and suffering, mental anguish, loss of companionship, and loss of consortium. Punitive Damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. Aviation accidents involve complex legal issues and multiple parties. Understanding your rights and consulting with an aviation accident attorney can help you navigate the legal process and secure the compensation you deserve. By following the steps outlined above and seeking professional legal assistance, you can protect your interests and improve your chances of a successful outcome.