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Accidental deaths from negligence leave survivors devastated and entitled to compensatory damages from liable parties in Garland.
Vehicle accidents involving trucks, passenger cars, pedestrians, bikes, and motorcycles are common causes of fatalities that warrant wrongful death lawsuits. Victims’ survivors may sue for other deaths due to negligence, including those from poor property maintenance or medical malpractice. After confirming you have cause to file a lawsuit, we can prepare your complaint, starting with identifying a plaintiff among the survivors. We will include all necessary information in a wrongful death complaint, like naming the defendant and explaining the circumstances of the victim’s death. We will explain the desired compensation, such as for the victims’ medical expenses before death and their family’s non-economic damages since.
Call The Queenan Law Firm at (817) 476-1797 for a free case assessment from our wrongful death lawyers today.
Some of the Most Common Causes of Wrongful Death in Garland, TX
Some of the most common causes of wrongful death due to negligence include car accidents, falls, construction accidents, and medical malpractice. When fatal accidents occur, our lawyers can help survivors identify liable parties and prepare compensation claims sooner rather than later.
Motor Vehicle Accidents
According to the Texas Department of Transportation (TxDOT), 4,283 people died from motor vehicle accidents in 2023. During the same year, 635 deaths happened during head-on collisions, while 403 fatalities happened because of distracted driving, like texting while driving. Drivers and passengers are not the only ones at risk of sustaining fatal injuries in auto accidents. In fact, pedestrians, bicyclists, and motorcyclists could face an even greater risk of death since they do not have large vehicle structures protecting them. This is seen by the fact that 807 pedestrians, 599 motorcyclists, and 105 cyclists were killed during crashes in 2023 alone.
While some victims might die during motor vehicle accidents or at the scene, others might succumb to their injuries in the following hours, days, or even weeks. The date of a victim’s death will be the accrual date for the two-year statute of limitations for wrongful death lawsuits in Texas.
The larger a vehicle is, the more capable it is of causing damage. Because of this, commercial truck accidents pose a high risk of fatal injury for victims, and our wrongful death lawyers can help survivors file claims against negligent truck drivers and their employers.
Falls
Victims could suffer fatal falls in many different environments. Stairwells are relatively dangerous locations, particularly if they are poorly lit, do not have secure railings to hold onto, or contain other hazardous conditions. Victims who trip and fall down stairs might sustain internal organ trauma and serious brain damage, both of which may be fatal. Fatal falling accidents due to property defects are typically the property owner’s fault, making them liable for survivors’ damages from a victim’s death.
Construction Accidents
One of the top causes of fatal construction accidents is negligent drivers crashing into roadside construction sites. Victims might get pinned beneath vehicles or between objects, sustaining fatal injuries. Another common cause of death on construction sites is defective products, like machinery or tools. When these pieces of equipment malfunction due to negligent manufacturing or design, they could explode and cause life-threatening or fatal injuries to victims. The producers of such defective products would be liable for survivors’ damages, and our attorneys could help them file third-party wrongful death lawsuits against the appropriate parties.
Medical Malpractice
Unfortunately, egregious medical errors could cause a patient’s wrongful death, whether because a doctor misdiagnoses a patient, prescribes the wrong medication, administers the wrong dosage, or discharges a patient from the hospital too early. Other acts, like leaving a foreign object in a patient’s body during surgery, could cause infection or other complications that prove fatal. If you suspect your loved one died from medical negligence, our lawyers can quickly obtain and review their medical records before death and records confirming their cause of death to see if you have a case.
Filing a Wrongful Death Complaint in Garland, TX
Wrongful death complaints must be filed by a certain time and contain certain information. Our lawyers can write a complete and accurate complaint and submit it to the court well within the statute of limitations for your case, which will likely be two years from the victim’s death under Tex. Civ. Prac. & Rem. Code § 16.003(b).
Identifying the Plaintiffs and Beneficiaries
First, the victim’s survivors must decide who will act as the plaintiff in the claim. According to § 71.004, a decedent’s spouse, children, or parents may file wrongful death lawsuits, and these are also the parties who will benefit from any compensation awarded in the case.
Naming the Defendant and Explaining the Accident
Next, our lawyers must name the defendant, summarize the accident, and explain why the defendant is liable for the victim’s death. This will vary somewhat, depending on whether the victim died during a car accident, slipped and fell, or succumbed to their injuries months after sustaining a medical injury. We can lay out the duty of care the defendant owed your loved one and how they breached it, causing their death and survivors’ damages.
Requesting Damages
According to § 71.010, compensation in wrongful death claims is based on the impact of the victim’s death on survivors. This is intentionally vague, giving juries room to award survivors considerable economic and non-economic damages from liable parties. When calculating compensation, we will consider factors like the lost income to your family from the victim’s death, medical expenses incurred before their death, funeral expenses, and non-economic damages. If appropriate, we can also state in the wrongful death complaint whether or not we will seek punitive damages against the liable party.
Call Our Garland, TX Wrongful Death Attorneys for Help
Call The Queenan Law Firm’s wrongful death lawyers at (817) 476-1797 for a free case discussion.