Seguin Wrongful Death Lawyer

Most personal injury lawsuits seek compensation for damages done directly to a person. A wrongful death lawsuit is different. It seeks compensation for damages to the ones left behind after a personal injury leads to death. The damages can be economic, such as the loss of a family breadwinner. They can also be non-economic — an attempt to make up for all the events that will not be shared and memories that will not be made.

If you have lost a loved one due to someone else’s negligence, you may be eligible for compensation. To recover, the wrongdoer must have been responsible for the death through either intentional actions, recklessness, or neglect. Schedule a consultation with a Seguin wrongful death lawyer to find out if you have a potential personal injury claim.

Losses After a Loved One’s Death

Losing a loved one is emotionally challenging. It can be difficult to predict how a person will react to that death. Some people lose themselves in grief and mourning. Others shove the feelings aside, only to be bombarded by them at unexpected times. The more integral the person is to someone’s life, the harder their loss can be.

In addition to grief, the survivors have to develop an entirely new way of life. Spouses may have to work extra hours, take on more parenting duties, and single-handedly handle things around the home. Children lose the help and guidance of a parent, often having to grow up before their time. Parents who lose a child may experience a different type of grief, where the absence of responsibilities leaves a gaping wound.

It may feel callous to think about the economic impact of the death of a loved one. However, the reality is that death is expensive. Add in any medical bills related to the death, and a family could quickly be facing tens of thousands of dollars in debt. Plus, they may be struggling with a lost income, leaving them financially vulnerable. A Seguin lawyer can explain how a wrongful death suit is one way to address the economic harm from a death.

Causes of Wrongful Deaths

Any personal injury where someone else is responsible for a death can lead to a wrongful death suit. The most common causes include motor vehicle accidents, pedestrian accidents, medical malpractice, defective products, workplace accidents, nursing home neglect, and assaults.

A driver who is not paying attention can lead to deaths for others on the road, including pedestrians, cyclists, motorcycle riders, and other drivers. Whether they are responsible depends on who was at fault in the accident. However, even if a deceased loved one contributed to the accident, the family may still be able to recover under Texas Civil Practice & Remedies Code § 33.001, the state’s modified comparative negligence statute. The court will reduce the damage award to reflect proportionate responsibility as long as the deceased was not 51 percent or more responsible for the accident.

Medical malpractice is another cause of wrongful death. Proving it means establishing a medical provider failed to adhere to the reasonable standard of care. Misdiagnosis, birth injuries, surgical mistakes, medication mistakes, and other improper treatments can lead to death. To establish these errors, a family will need medical experts who can demonstrate that the providers have deviated from the established standard of care.

Workplace accidents are another major cause of accidental death. Those cases can be complicated. Texas does not require workers’ compensation coverage, but some employers opt into it, which can severely limit the ability to recover. However, even when workers’ comp applies, there may be third-party liability. A wrongful death attorney in Seguin can help people assume all potential remedies.

Speak to a Seguin Attorney About a Wrongful Death Lawsuit

Grieving is a complicated process that can impair your ability to make good decisions. Some people even suggest waiting at least a year after death before making any critical decisions. Reality often makes that impossible. You may need to pursue a wrongful death claim before that time — and you only have two years to bring that claim. Knowing that time and economics add extra pressure, insurers may offer low-ball settlements. Hiring a Seguin wrongful death lawyer can provide you with an objective opinion about the value of a settlement, giving you the information you need to make the best decisions for you and your family. Call now to discuss your case with one of our attorneys.