How a Wrongful Death Lawyer Can Help During Your Time of Loss
If someone’s negligence or recklessness caused the untimely death of a loved one, this may entitle you to compensation in a wrongful death lawsuit. Experienced wrongful death lawyers serving the people of Austin, TX, the team at Wenholz | Dow, P.C., Trial Lawyers provides not only expert legal services, but also tremendous compassion during your time of need. Losing a loved one is never easy, which is why we work on behalf of our clients while they try to handle this difficult period, one day at a time.
What Is Wrongful Death?
When someone’s life ends on account of another party’s negligence, the victim’s family can file a wrongful death lawsuit against the responsible party. Holding the responsible party accountable can provide justice and closure for the victim’s family. To obtain compensation, the victim’s family needs to prove that their loved one’s death was the direct result of another party’s negligence and that the responsible party failed their duty to act in a certain manner.
Holding the responsible party accountable can provide justice and closure for the victim’s family.
Causes of Wrongful Death
There are many potential causes of wrongful death, including:
- Car accidents: According to the National Safety Council, 2016 was the deadliest year in nearly a decade, with approximately 40,000 deaths occurring due to motor vehicle crashes. Drivers who fail to exercise caution, obey traffic laws, and remain mindful of other motorists can be liable in a wrongful death lawsuit.
- DWI: Drunk drivers take more risks and have a slower reaction time than sober drivers. If a driver kills someone while under the influence of drugs or alcohol, they can be held legally responsible.
- Motorcycle accidents: Many motorcycle accidents result in serious injury or death. If a motorcyclist is killed by a negligent or reckless driver, their family may be entitled to compensation.
- Pedestrian accidents: When pedestrians are struck by a vehicle while crossing the crosswalk, in a parking lot, on the shoulder, or on the sidewalk, they can suffer deadly injuries.
- Bicycle accidents: Hundreds of bicyclists die every year, often due to motorists turning left or right, veering into the bicycle lane, and opening car doors. Drivers who commit these acts can be held legally responsible.
- Truck accidents: Trucking companies and manufactures have a duty to abide by federal and state regulations. If they fail to do so, they can be held legally responsible in a deadly truck accident.
- Construction accidents: Heatstroke, collapsing scaffolds, electrocutions, and vehicle accidents that occur while in reverse are some of the many preventable causes of construction site deaths. If construction site conditions are not safe, the employer or property owner can be found liable in a wrongful death lawsuit.
- Workplace accidents: Explosions, falls, burns, and equipment accidents cause numerous deaths each year, often on account of employers failing to provide a safe work environment.
The Importance of Hiring a Qualified Attorney
Understanding what happened during an accident can help provide closure for a victim’s family. Not only can a qualified attorney help uncover the truth, they can also:
- Gather information through discovery, requests for documents, and depositions
- Navigate the court system
- Deal with insurance companies
- Identify the responsible party and hold them legally accountable
Damages in a Wrongful Death Lawsuit
In a wrongful death lawsuit, someone must have died on account of someone else’s negligence or harmful intent, and the death must have resulted in monetary suffering on the part of the surviving family members. Whether due to criminal behavior, occupational hazard, automobile accident, or other cause, the court may award damages to the spouse, children, or parents of the victim. Damages can include:
- Decedent’s lost wages (the money they would have earned)
- Loss of consortium (intangibles such as affection, companionship, and comfort)
- Medical and funeral expenses
- Loss of benefits, such as medical coverage
- Loss of inheritance