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Wrongful death is a broad term that includes everything from murder to accidental death. In wrongful death cases, the family of the victim seeks compensation not only for the harm that they face now that their loved one is gone – such as funeral expenses and lost income – but also for the harm the victim faced before death – such as pain and suffering.
Wrongful death cases are civil claims rather than criminal, so the burden of proof you need to meet is lower than the “beyond a reasonable doubt” standard. This can help the family recover compensation for their loss in many cases that would not rise to the level of a crime.
For help, contact our wrongful death lawyers at The Queenan Law Firm today for a free case assessment by dialing (817) 476-1797.
Types of Wrongful Death Cases You Can File for in Burleson, TX
“Wrongful death” is a broad term that is meant to encompass both criminal homicide cases like murder and manslaughter and also civil claims for accidental deaths. This means that there are multiple standards that could be applied in your case to many different kinds of wrongful death.
Our wrongful death lawyers often can help with cases for all of the following types of accident deaths, some of which might be less common than others:
Murder, Manslaughter, and Homicide
When a loved one is killed intentionally or recklessly, there can be criminal charges filed against them. However, these charges seek to put the defendant in jail, punish them for what they did, and potentially reform their behavior for the future. A civil wrongful death claim instead seeks to make the family whole again, to the extent that is possible, given the fact that your loved one is irreplaceable. In any case, the focus is on the family and the victim rather than the defendant when you file a wrongful death claim.
Auto Accidents
Auto accidents are a leading cause of death for all ethnicities, age groups, and creeds. Car crashes can tragically take away lives, and the people who cause the crashes need to be held accountable. Especially in cases of reckless driving or drunk driving, there might be criminal cases attached, but again, a wrongful death case focuses on the family’s needs.
Trucking Accidents
While truck accidents are just another form of auto accident, the cause of death is often more than just negligence behind the wheel. Trucking companies are often responsible for systematic errors and cut corners that make their vehicles more dangerous, their drivers riskier, and their fault more severe. In a claim against negligent trucking companies who cause deaths on the road, punitive damages might even be available.
Premises Liability Cases
It might seem rare for someone to die from a slip and fall, but hitting your head in a fall is actually quite a common way for a wrongful death case to be filed. These claims are also filed for structural collapses, fires, drownings, electrocution, and other accidental deaths brought on by dangerous conditions on someone else’s property.
Medical Malpractice
If a doctor’s care was insufficient to the point that the patient died because of it, the doctor and potentially the hospital should be held accountable. Misdiagnosis, missed diagnosis, surgical errors, anesthesia errors, birth injuries, and other mistakes in the hospital can lead to death, allowing the family to sue for wrongful death.
Work Injuries
Our attorneys represent injured workers and their families in the oil and gas industry, offshore drilling, trucking, and all kinds of other industries. There are specific carveouts from our Workers’ Compensation laws for some of these listed industries, allowing victims’ families to sue for wrongful death, and other workers may opt out of Workers’ Comp, retaining a right to sue. If the worker did not do so, then you might not be able to sue their employer for their death, but other parties could be held responsible.
Proof Required in Wrongful Death Claims in Burleson, TX
Wrongful death lawsuits are civil claims, which means that they work on a “preponderance of the evidence” standard. This means the victim’s family needs to provide enough evidence to show that it is more likely than not that their claim is true and the defendant was at fault for the death.
In many injury cases, the victim’s testimony will be vital to proving what happened and what the defendant did wrong. With wrongful death claims, the victim is not there to testify, and we will need to turn to other witnesses and objective evidence to prove what happened.
Security camera footage, accident reports, medical records, and other objective evidence like this can do a lot of the heavy lifting needed to prove to the jury what happened. Additionally, we may be able to introduce evidence from experts who can analyze the situation – such as doctors who can analyze the medical records or accident reconstruction experts who can discuss how the physical evidence in a crash tells them who caused the accident.
In many cases, witnesses will be the most important people in the case, and what people saw and heard leading up to the accident will tell the story of how your loved one died. In many cases, you might have been there and seen what happened, and your testimony will be what ultimately helps get your family the relief they need.
Damages from Wrongful Death Cases in Burleson, TX
As the family of the deceased, you face certain expenses and damages that you can claim. These range from funeral and burial costs, the deceased’s lost income going forward, your own mental anguish at the loss, lost companionship, and more. If your loved one had lived, they could have sued for injuries, which would include damages like medical bills, lost earnings, and pain and suffering. You can also sue on your loved one’s behalf for these damages.
Call Our Burleson, TX Wrongful Death Attorneys Today
Call The Queenan Law Firm at (817) 476-1797 for a free assessment of your potential wrongful death case today.