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A Corpus Christi Attorney Talks About Common Incidents That Lead To A Wrongful Death

Top Incidents Leading To Wrongful Death Cases

When a loved one’s death is the result of another party’s negligence, it may be wise to consider pursuing a wrongful death action in the aftermath. A wrongful death case is a type of personal injury action designed to compensate surviving family members for what they have lost and also to hold negligent parties responsible. Thousands of deaths occur each year because of actionable negligence, and there are several types of fact patterns which appear more often than others. The paragraphs that follow articulate some of the most commonly litigated scenarios leading to financial recovery for victims’ families. If any of these describe what happened to your family member, consideration of a wrongful death lawsuit may indeed be wise. Contact a Corpus Christi wrongful death attorney at The Law Office Of Jerry J. Trevino for assistance.

1. Physician Malpractice

Studies have revealed that more than 250,000 individuals per year die in the United States because of medical errors. As such, these mistakes represent the third leading driver of deaths in the country. While not every victim initiates a claim under such circumstances, the massive costs of hospitalization, drug costs, and other incurred expenses lead many to do just that. The rubric of medical malpractice encompasses a wide array of negligent acts and omissions, such as:

* Failure to diagnose
* Misdiagnosis
* Mishandled labor and delivery
* Lack of post-surgical monitoring
* Surgical mishaps
* Improper administration of drugs or anesthesia

2. Car Accidents

Statistics show that in 2017, more than 40,000 individuals died in vehicle crashes across the United States. Though this represents a decline from prior years, Texas itself has seen the number of traffic deaths rise between 2015 and 2017. The reasons underlying these events include things such as driving while intoxicated, a fatigued operation of a vehicle and distracted driving. If someone you love died because another party engaged in this type of behavior behind the wheel, a wrongful death lawsuit is certainly something to contemplate. When death is the result of defectively designed or manufactured vehicle components or systems, loved ones may be able to pursue the maker of such products for the losses sustained.

3. Pedestrian And Cyclist Accidents

The same types of negligent driving that can kill other motorists can and do cause the deaths of an unacceptable number of cyclists and pedestrians. Roughly 600 individuals on foot died in Texas in the year 2015 because of a driver’s negligence. Initiating a claim in this category is not unlike doing so in the traditional auto accident context. A Corpus Christi wrongful death attorney will be able to review the facts and provide essential advice about how to move forward with such a claim and how Texas’ adherence to a comparative negligence standard may impact your recovery.

4. Defective Products Cases

The United States sees thousands of cases each year involving defective consumer products of all types. When a faulty design or manufacturing process leads to the death of a product’s user, a wrongful death claim may indeed be launched. Products that frequently form the basis of this type of litigation include prescription drugs, auto components, appliances, cosmetic devices, power tools and more.

Contacting An Experienced Corpus Christi Wrongful Death Attorney

The above list is not intended to be exhaustive, and there are numerous other kinds of circumstances capable of yielding a wrongful death claim. No matter if your loved one’s death was the result of an intoxicated driver, a faulty product or a negligent doctor, you may be able to recover substantial monetary compensation. Speak with a Corpus Christi wrongful death attorney today to learn more about the process of pursuing fairness and accountability from those responsible for the losses you have experienced. (361) 882-5605.

Auto Accident Lawyer Talks Elements Of Wrongful Death In Corpus Christi

Things You Need To Know About A Wrongful Death

The legal term wrongful death describes the death of a person that is caused by the negligence or recklessness of entities or other individuals. Usually, a wrongful death lawsuit or claim is sought by immediate members of the family of the deceased individual to receive compensation for their financial and emotional damages. That often includes members of the deceased victim’s family such as spouses, parents, and children.

The Four Elements

The law defines four key elements that are part of a wrongful death case. Surviving members who are filing a lawsuit or submitting a claim must prove each of these four elements in order to win their case and receive financial compensation. The following are the four elements:

Negligence:

Their legal representatives or the surviving members themselves must provide that the death of the victim was caused (in whole or in part) by the negligent actions, carelessness, or recklessness of the defending party or parties.

Breach of Duty:

To win the case, it must be proven that the defendant of the wrongful death case owed the deceased victim a duty. For instance, drivers on the road have a duty to drive safely, and obey and follow all traffic laws. Medical health providers such as doctors the duty of maintaining the health of their patients. The plaintiff must establish how the duty of the defendant existed, and that this duty was breached through the negligent actions of the defendant.

Causation:

Along with proving how the defendant’s duty was breached towards the deceased victim, the plaintiff of the lawsuit also must prove how the loved one’s death was caused by the defendant’s negligence.

Damages:

The victim’s death must have caused quantifiable damages like medical expenses, hospitalization, burial and funeral costs, loss of inheritance, guidance, protection, potential earnings, income and protection, inheritance and guidance in addition to the victim’s pain and suffering before their death.

Proving all of those points in court with a wrongful death lawsuit does require the plaintiff to produce expert witness testimony and convincing evidence that is presented by a skill and experienced attorney who specializes in wrongful death cases.

Common Causes of Wrongful Death

Attorneys specializing in wrongful death lawsuits and claims are frequently involved in various cases with the following common causes:

  • Motorcycle, commercial truck, and automobile accidents
  • Birth injuries
  • Medical malpractice
  • Product defects
  • Birth injuries
  • Premises accidents
  • Occupational hazards and exposure
  • Criminal actions including stabbings, shootings, and blatant violence
  • Assisted living and nursing home neglect and abuse
  • Supervised activities which include adult care, daycare as well as field trips

Burden of Proof

Wrongful death lawsuits are not criminal cases, but instead are civil actions, so there is a lower burden of proof. In order to succeed, the lawsuit has to be won based on a preponderance of the evidence and not guilty beyond a reasonable doubt which is the standard for criminal cases.

There are numerous steps involved in pursuing civil action in a wrongful death case, including getting a strategy developed, investigating the claim, talking to experts, researching tort law and meeting with witnesses. The legal process of a wrongful death case involves mediation, demands, and potential settlement of the claim. If an agreement cannot be reached then a lawsuit must be filed and the case is taken to trial.

It is not required to have a quantity of evidence when a wrongful death case is presented by the plaintiff but instead quality and credibility of the evidence. That makes it critical to hire an experienced attorney such as an auto accident lawyer Corpus Christi who can get a solid case build to ensure the burden of proof is met. Otherwise, the plaintiff might lose the suit and will not be able to recover any damages.

Choosing a Skilled Auto Accident Lawyer in Corpus Christi

This is frequently a critical component whenever you are seeking a civil action in a wrongful death case. The reputation and confidence of the community attorney who has handled many cases similar to your will help to improve your chances of obtaining an adequate award at trial or proper settlement. Make sure to contact an auto accident lawyer in Corpus Christi for representation.

It is very important to have an experienced attorney since wrongful death claims tend to be complex. The most successful attorneys are the ones that communicate well with their clients and are always working towards achieving the common goal of obtaining adequate financial compensation. A skilled attorney will protect their clients’ rights and provide them with proper representation through getting a solid case built to prove all four elements involved in a wrongful death claim.

For related articles visit our blog. If you’re interested in learning more about the Law Offices of Jerry J. Trevino, check out our website or call us at (361) 882-5605 for a consultation.