6 Most Common Types of Wrongful Death Cases
A wrongful death action may move forward through the Texas civil court system if a victim would have had a viable personal injury case but passed away before they could file. Texas law allows the spouse, parents, adult children, or personal representative of the deceased to seek wrongful death compensation following their untimely passing.
While wrongful death can occur in many ways, the six most common scenarios our attorneys seek damages for involve:
- Car accidents
- Truck accidents
- Premises liability
- Product liability
- Medical malpractice
- Intentional acts
Common Ways Wrongful Deaths Occur in Texas
Wrongful death can occur in almost any way that a personal injury can. While some types of accidents are more likely to cause fatal injuries than others, any time one party’s negligence or malicious behavior causes death, the family has a right to pursue damages. Some common types of wrongful death incidents include:
According to the Texas Department of Transportation (TxDOT), someone passed away in a traffic accident every two hours and 15 minutes during 2020. In all, there were 3,896 deaths on Texas roadways that year. This was a significant increase over the previous year.
Traffic accidents of any type can cause devastating injuries and death. Our attorneys have seen the financial and emotional suffering that can occur after losing a loved one suddenly in a crash. We know how to prove these cases and recover damages.
TxDOT statistics show that there were 581 deaths from commercial motor vehicle crashes in 2020. This is in addition to the 1,245 “suspected serious injuries” the agency reported. Because of their size and weight, truck crashes put the occupants of nearby passenger cars at high risk of serious injury when a collision occurs.
Our team builds strong claims against trucking companies and helps our clients get justice for their loved ones. We know how to preserve evidence and will not hesitate to go toe-to-toe with any corporation.
Premises liability accidents occur when the victim is visiting another party’s property and suffers an injury because of a preventable hazard. Falls are a common example. Property owners have a duty of care to customers, shoppers, invited guests, and others who visit them. If they allow a hazard to exist and someone suffers an injury, they may be legally responsible.
Examples of potentially fatal premises liability incidents include:
- Slip and falls
- Trip and falls
- Falls from a height
- Balcony and deck collapses
- Dog bites
- Pool accidents
When a company’s product has a defect or other dangerous issue and does not work properly, it can cause serious injuries and death. This is especially true for certain types of products, including:
- Medical devices
- Car components
These cases sometimes support a mass tort, where victims’ families can join together to pursue justice through a class action or multidistrict litigation.
When a doctor or another medical care provider acts negligently, it can significantly affect the patient’s health. Failing to uphold the expected standard of care and providing the best possible assessment and treatment to a patient may be deadly. If your loved one died because of medical negligence, you may want to talk to an attorney who can evaluate your legal options.
While most personal injury and wrongful death cases occur because of the at-fault party’s negligence, an intentional act may also support civil action. These most commonly occur as a result of a crime—for example, an assault, shooting, stabbing, or another type of attack can cause catastrophic injuries or death.
While a criminal case will determine the penalties the perpetrator will face, it does little to help the victim’s family with their financial situation. However, a civil case against them will.
A wrongful death action allows families to recover compensation to pay outstanding bills, help them make ends meet, and more. Note that it may be possible to win these damages with or without a criminal conviction.
Working With an Attorney Who Knows Texas Wrongful Death Laws
If you believe your loved one’s death might support a wrongful death action in Texas, hiring a lawyer familiar with these cases could be critical. A wrongful death attorney from our firm can fight on your behalf to recover damages, including:
- Expenses and losses related to their treatment and care
- Funeral and burial costs
- Loss of income for your household
- Loss of services they performed for the family
- Intangible losses experienced by the family
You can get a free case assessment and learn what you need to do to move forward with your case by calling us today.
Connect With Our Team for Free Today
At Clay Jenkins & Associates, our lawyers help victims and family members who’ve lost someone due to another party’s actions. We provide complimentary case consultations during which we’ll explain your rights and how we may be able to help you recover compensation. We pride ourselves on holding negligent parties accountable and getting justice for our clients.
Contact us today to get started.