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The loss of a loved one is a painful and overwhelming experience that can affect your life in many ways. First, you may be dealing with crippling emotional trauma that severely disrupts your daily routine. Further, you may be facing a great deal of financial uncertainty.
Fortunately, there may be a way to seek relief. If your loved one’s passing occurred because of another party’s wrongful conduct, then you may be able to pursue monetary damages through a wrongful death claim. After assessing the strength of your potential case, our team can explain the proper course of action.
Seek help from our experienced wrongful death attorneys at The Queenan Law Firm, P.C. by calling (817) 476-1797.
Wrongful Death Claims in Carrollton, TX
In Texas, there are generally two types of claims that may be filed after a wrongful death: a wrongful death lawsuit and a survival action. Each serves a unique purpose. After assessing your specific case, our experienced wrongful death attorneys can determine whether these claims may be pursued.
Wrongful Death Action
A wrongful death lawsuit compensates the deceased person’s surviving family members for the losses they experience as a result of the death. For instance, survivors often seek compensation for the income and financial support they would have received if the deceased had not passed away. The damages awarded in such cases are for the losses sustained by the survivors, not for injuries to the deceased.
Survival Action
In contrast, a survival action is a legal claim that the deceased person could have initiated to seek damages for their own personal injuries if they had survived.
Consider a scenario where a car accident victim was badly injured and survived for three weeks before succumbing to the injuries. A survival action would pursue compensation for the suffering endured by the deceased during those three weeks. The action would potentially seek compensation for the victim’s medical expenses, lost wages, pain and suffering, and emotional distress incurred from the time of injury until the time of their death.
Proving Fault for a Wrongful Death in Carrollton, TX
In order to recover damages in a wrongful death claim or a survival action, you will need to prove that the defendant is responsible for your loved one’s death. Thankfully, there are many types of evidence that may be used to establish fault.
Eyewitness Testimony
Eyewitness testimony is one of the most valuable types of evidence that may be used to prove fault for a wrongful death. Those who witnessed a particular accident can provide both oral and written statements that demonstrate how and why it occurred. For instance, if your family member was killed because of a catastrophic truck accident, a witness from the scene may state that the crash occurred because the truck driver ran a red light.
In any case, you should attempt to retrieve contact information for potential witnesses to your loved one’s accident. Our legal team can offer crucial support when tracking down witnesses and reaching out for their possible cooperation.
Surveillance Footage
Like witness statements, surveillance footage can be used to demonstrate why an accident happened. They may provide an unbiased perspective of the events that unfolded before, during, and after the event at issue.
There are multiple potential sources of surveillance footage. For instance, a security camera on a construction site may capture the events leading up to a deadly crane accident. Moreover, footage from a driver’s dashboard camera may show who it at fault for a fatal motor vehicle collision.
Those in control of surveillance recordings may be hesitant to cooperate with wrongful death plaintiffs. Therefore, guidance from our legal professionals can also be highly beneficial when seeking copies of pertinent surveillance footage in your case.
Physical Evidence from the Scene
Physical evidence from the scene of a fatal accident can be used in multiple ways.
First, physical evidence may be utilized to prove fault. For instance, broken glass found at the scene of a deadly motorcycle crash may be matched with a driver’s headlight to identify them as the at-fault party. Moreover, a defective piece of equipment may be brought into court to establish fault for a devastating machinery accident.
Additionally, physical evidence may be used to refute an alternative assertion of fault. For example, if your loved one passed away because of a deadly slip and fall, the defendant may attempt to argue that the accident occurred because the victim was wearing shoes with worn tread. In this case, our team could present the shoes at issue to prove that they had adequate tread and were not a contributing cause to the accident.
Still, certain evidence may be difficult to preserve or bring into court. In such cases, other means of documentation may be utilized.
Photographs from the Accident Scene
Photographs from an accident’s scene may be used in the same ways as physical evidence from the scene. This evidence may be used both to prove fault and to discredit alternative arguments.
As an example, in a slip and fall case, photographs of loose wiring and debris on the floor may be used to show why the fall occurred. Moreover, if a negligent driver states that their deadly crash was caused by poor road conditions as opposed to their misconduct, photos from the scene depicting appropriate conditions could be used to defeat their argument.
Accordingly, you should attempt to recover photos from the scene of your love one’s accident if you can. During your free case review, our attorneys can review any photos you obtained.
Expert Witness Testimony
Witnesses are considered experts when they have completed the necessary training, education, and experience in their respective fields. There are several types of expert witnesses that may be used to establish fault for a wrongful death. For instance, an accident reconstruction expert may be summoned to explain why a particular driver is to blame for an intersection accident. Moreover, a medical professional may be called on to support the assertion that another doctor committed medical malpractice. In any case, legal support can be crucial to plaintiffs when searching for the right experts to utilize in their cases.
Call Our Law Firm for Help with Your Wrongful Death Claim in Carrollton, TX
Get help from our experienced wrongful death lawyers by calling The Queenan Law Firm, P.C. at (817) 476-1797.