Tag: personal injury claim

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.

Personal Injury Lawyers Tell You Everything You Need To Know About Wrongful Death Lawsuits In Corpus Christi

Corpus Christi Personal Injury Lawyers Help With Wrongful Death Suits in Texas

If you have experienced an unexpected death of your loved one, legal action may be the last thing on your mind. After some time has passed, you may be ready to learn about your family’s legal options for a wrongful death suit in Corpus Christi, Texas. If you loved one died in any of the following scenarios, you may be entitled to compensation – slip and fall deaths, car wrecks, routine surgeries, workplace accidents, negligence that resulted in a death of a loved one. Continue reading to learn everything you need to know about a wrongful death claim and survival action in Texas.

Wrongful Death Claims and Survival Actions Are Not the Same Thing

Wrongful death suits and survival actions are two different types of legal recourse available for negligence related deaths of your loved one. A single family may be able to file both types of action in the Texas court system. It is essential that you understand the differences between these two types of claims. This will ensure that you will know what you should expect during the proceedings. Let’s take a look at the basics.

Wrongful Death Claims

Texas allows spouses, children, and parents of a deceased person to file a wrongful death lawsuit. The purpose of this type of lawsuit is to recover damages that were suffered due to the death of a loved one. Damages may include medical bills, funeral expenses, loss of the individual’s financial support, love, guidance, and companionship. The plaintiffs of the case will receive the monetary damages directly.

Survival Action

A survival action is used to compensate the estate of the deceased for the losses that the deceased suffered before death. This may include medical bills, pain and suffering, property damage costs and lost wages. The damages are similar to the damages an individual would receive if the accident had not resulted in death. These damages are awarded to the deceased’s estate and distributed accordingly. Unlike a wrongful death suit, the damages are not paid directly to the deceased’s family members.

Deceased Love One In Corpus Christi

Families of a deceased individual can pursue compensation through survival action, wrongful death claims or both. If another individual caused the death of a loved one, your family may be eligible to file both types of legal action. Our team of Corpus Christi personal injury lawyers will help you determine if you have right to file a wrongful death claim, a survival action claim or both. They will work with you to ensure the proper paperwork is filed with the Texas court systems.

Understanding Wrongful Death Laws in Texas

When it comes to survival action suits, the Texas Survival Statute must be followed. This statue allows family members who have survived a wrongful death to file a personal injury lawsuit on behalf of the deceased individual. Another important law to know is the Texas Wrongful Death Act. This law states that surviving relatives can pursue compensation through legal action. The current law for survival action states that compensation for damages is not paid to the deceased’s spouse, children or parents. Instead, it is paid to the deceased’s estate.

Pursuing A Wrongful Death Claim In Corpus Christi

There are deadlines that must be followed when pursuing wrongful death claims in Texas. The timeline for filing a wrongful death lawsuit is two years from the date of death. There are exceptions to this deadline, so it is important that you speak to a Corpus Christi personal injury lawyer before you assume that the statute of limitations has run out. The best way to ensure you receive maximum compensation is to speak with a lawyer who specializes in wrongful death cases.

Call or contact Jerry J. Trevino for legal help today. Check out our blog for related content.

A Corpus Christi Work Injury Lawyer Lays Down Everything You Need To Understand About Workplace Accidents

All You Need To Know About Workplace Injuries With A Corpus Christi Work Injury Lawyer

In the state of Texas, an employer has a responsibility to provide a secure work environment for staff members. This can include providing elements such as proper equipment, adequate training, and sufficient personnel for the occupation. The majority of employers in Texas provide workers with compensation insurance providing money for coverage of medical bills and lost wages should the worker be injured. Employers using these compensation insurance packages are known as subscribers. Make sure to check out the Law Office Of Jerry J. Trevino.

Injured While On The Job

Other employers may opt to forgo provision of workers with workers compensation coverage and these employers are known as nonsubscribers. Typically, if a staff member is injured while on the job, the company using workers compensation insurance packages place the treatment of the employee’s injury against the company; however, this will be restricted to the worker’s compensation benefits. This is beneficial because it helps the worker pay medical bills, but it is disadvantageous because of the pain-and-suffering element and the disability payment is pitiful. To see whether you have a case, click here.

Nonsubscribers Of Workers Compensation Program

Texas employers who are nonsubscribers regarding the worker’s compensation program take risks because if a staff member is injured at work he or she has the legal right to sue the employer for workplace negligence, as well as causing the injuries or damages. In some cases, having the legal right to pursue an employer and collect from the company for serious injuries can be different items as it is rare that on-the-job injuries are caused exclusively by the employer covered by insurance instead of workers compensation.

Third-Part Claims in A Workplace Accident

One issue that needs to be considered when evaluating a serious workplace accident is the potential for third-party claims. Third-party claims can arise when the workplace injury is a result of the negligence of fault of another party other than employees or the employer. For example, on a construction site where an accident is caused, the accident may be a result of a third-party contractor or a situation where a dangerous product was accessed. In these cases, the third-party claim will result in companies sharing responsibility for causing the injured party harm. It is essential for serious injuries that the injured party discover immediately whether or not the worker has workers compensation insurance coverage or if other companies are responsible for the accident. This information can be crucial in deciding the different solutions and alternatives available to a victim of a workplace accident.

Legal Analysis

The majority of construction site accidents tend to include several contractors, entities, and people who control work being done during construction. The work site is highly significant as a factor for legal analysis after an on-the-job injury claim. OSHA regularly investigates different serious injuries or fatalities occurring at workspaces; however, OSHA will often allow companies guilty of safety violations resulting in accidents to enter plea agreements that are inadmissible in these types of civil cases. While doing this is a disservice to the Corpus Christi work injury lawyer and the injured party’s family, it is potentially the best method to analyze a crime scene given the inadequate amount of funds provided to the OSHA. Worker safety is a factor that needs to be a priority for all employers and employees, particularly with the different entities regulating staff security in the state of Texas.

Meet our wrongful death attorney in Corpus Christi. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles

What A Corpus Christi Personal Injury Lawyer Wants You To Understand About The Texas Hospital Liens

Everything You Must Know About The Texas Hospital Liens Alongside A Personal Injury Lawyer In Corpus Christi

If you experience injuries caused by an accident in the state of Texas and discover that the injury compensation is covered by an alien, what would you do? This will provide information on the Texas hospital liens, as well as offering practical tips on how to deal with the lien. According to Texas state legislation, hospitals are provided rights that protect the hospital regarding payment of personal injury claims. For better or worse, the Texas politicians have awarded Texas-based hospitals a ‘super lien’ that includes the following factors:

  • Damage actions from personal injury claims when the individual is receiving or received treatment at the hospital.
  • Judgment pertaining to the damages from an injury that was treated by the hospital.
  • Settlement proceeds from injury claims where the injured individual sought treatment from the specific hospital after the accident.

What Are The Criteria For The Lien To Attach To Accident Settlements?

For the hospital lien to attach to the procedure of personal injury claims, the injured party needs to have sought medical treatment from the specific hospital within 72 hours of the accident. Only the first 100 days of all treatment at a hospital can be covered by a hospital lien and if the individual is transferred to a new hospital, then the new hospital will be entitled to the lien from the original hospital lien statute. To take advantage of the lien statute, it is essential that the hospital file is written notices of the lien and file the lien when faced with an injured party. This is crucial because funds cannot be received by the injured individual before the hospital lien file is recorded.

Why Didn’t The Hospital Bill The Health Insurance Company?

One trick used by many hospitals to increase their ‘bottom line’ is to refrain from billing the health insurance company after a vehicle accident. Hospitals tend to have set rate agreements with the major health insurance companies and this can place restrictions on the amount the hospitals can charge for their services. Based on this, it has been seen that the core for hospital profitability is the personal injury claim. Unfortunately, Texas state law does not require hospitals to bill the health insurance companies and case law has shown hospitals being favored in this manner. The hospital lien law code can be found in Texas Property Code Section 55.

Why Didn’t The Hospital Bill The Other Party’s Insurance Company?

Hospitals are not required to bill the other party’s insurance company and will not deal with the other driver in the accident. However, the hospital will offer notice of the hospital lien to insurance companies for the other party if possible. In this situation, the settlement proceeds from the accident will be available to the hospital.

How Do I Deal With The Hospital Lien?

Hospital service charges can be approximately two to three times more than the rate a health insurance company; therefore, it is possible that personal injury victims who are injured in accidents and have no health insurance are often overcharged. In these situations, it is highly recommended that one discuss the situation with a person who could handle the bill. Lawyers regularly deal with hospital liens and will be in a better position to acknowledge overcharging. While the liens law offers hospitals priority, the ability to refuse settlement without any proceeds to the injured party can be beneficial when obtaining reductions from the hospital.

Would I Need A Corpus Christi Personal Injury Lawyer?

Hospital collection departments are aware that the need for attorneys to assist with receipt and distribution of funds is essential and will often prefer an attorney is involved. It is for this reason that hospitals often consider the fees as an element in what the injured party will net. Corpus Christi personal injury lawyers can determine the validity of the hospital lien and argue the billing rates of other service providers.

Meet our wrongful death attorney in Corpus Christi. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles

Corpus Christi Wrongful Death Lawyers Address Funerals After Tragic Accidents

Funerals After Cataclysmic Accidents With Corpus Christi Wrongful Death Lawyers

Wrongful death is often traumatic for surviving families. In addition, it leads to hidden costs including burial and funeral costs. This can be a very hard time for the affected family and it is good that such a family is well informed on the bases of wrongful death. Here are things to consider:

Funeral costs you should know about

  • The individual products and services to know about include:
  • The casket and other products such as prayer cards and a temporary grave marker
  • Administrative and professional services offered by funeral homes including embalming and employee support
  • Rental of the facility and equipment which include things such as funeral home visitation room and/or a chapel
  • Transportation costs to the burial site. This may include a limousine service to transport the body to the grave
  • Incidentals which include things such as cemetery plot, flowers, and a permanent headstone

Funeral costs vary and some funerals can even cost more than 20,000 dollars. The cost of a funeral depends on how much the family can afford and how much they wish to spend on the funeral. Funeral homes often don’t list their charges in graphics and formats that are easy to read. This is why the person planning a funeral should ensure that they ask the cost of separate funeral products and services. However, this doesn’t mostly occur because it inflicts additional trauma on those who have lost their loved one. Families usually leave the planning and details of a funeral to a funeral home and only realize how much they spent on the funeral after they have buried their loved one.

Wrongful Death & Funeral Arrangements

It is true that all human beings are bonded by the fact that they will all die. Having known this, I usually advise people to plan funeral arrangements beforehand. If possible, it may be a good idea to have a lawyer, best friend or distant relative help with funeral arrangements since the family is often susceptible to a sudden accident that has claimed their loved one. Losing a loved one unexpectedly can be traumatizing. Some of the feelings expected after a sudden tragedy include anger, sadness, and sense of denial. When this happens, it is good that you turn to family members, friends, and your church as doing so will help you heal fast. It is also good to take advantage of your support group as the group will help you deal with the loss of your loved one. Keep in mind that your support group offers more than you expect. There are many support groups out there to help you deal with the loss of a loved one. Organizations like MADD usually offer support to victims and their loved ones.

Meet our wrongful death attorney in Corpus Christi. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles

A Break Down Of Personal Injury Damages With A Personal Injury Lawyer In Corpus Christi, TX

The Information You Need Regarding Personal Injury Damages in the State of Texas

As a Texas resident, chances are, if you’ve been injured in an accident, you’ll want to look into getting damages as payment for the injuries you’ve sustained. Have your family members or friends offered you a variety of opinions on what “fair” damages would be if you were to start a case? That’s all well and good, but these are not lawyers and, therefore, they have not been legally trained to understand the changes in Texas personal injury damages laws. Despite the fact that they want to help, they can unwittingly give you false and unwise information and hopes which can leave you without the compensation you deserve.In the state of Texas, radical changes, otherwise known as “tort reform” occurred for personal injury damages. As a result, the value of Texas personal injury cases, for every individual, were adversely affected. For example, the process of medical bills submissions and court charges have hurt innocent victims and families. To make matters worse, groups, funded by insurance companies, warn against “greedy lawyers” and “frivolous lawsuits” all to help the insurance companies who fund them gain control and retain more money. What is the truth? Texas offers two main kinds of damages for people who are injured in a personal injury case, and that’s economic damages and human damages. Click here to see if you have a case.

What are Economic Damages?

In Texas tort law, monetary damages are damages provided to personal injury victims for financial compensation as a result of an accident. Financial compensation typically means lost wages and necessary medical expenses to treat the injury. For illustrations, if you were brought by ambulance to an emergency room and then requested to follow up with the doctor for more care, that would qualify for financial compensation. Or, if you are injured so severely that you are unable to work and therefore, incur lost wages, those sort of expenses would qualify. Or, if you have a list of medical expenses for medication, doctors visits and testing all required because of the injury, that would qualify as well. All of these charges would fall under the category of economic damages.

What are Human Damages?

Human damages are noneconomic damages. For example, when a victim suffers “pain-and-suffering” from an injury, that’s a case of human damages. These kinds of damages are not as simple to pinpoint as economic damages and often vary from victim to victim. In the end, it’s the juries that determine what would qualify as a human damage.

The most basic kind of human damages include:

  • Mental anguish and physical pain
  • A disfigurement result
  • A physical impairment result

One of the issues with personal injury cases is that the injury is personal to victims and their families. With that in mind, it’s the independent parties, or “jurors,” who ultimately value the losses and injuries, who don’t know the victim or the victim’s family members, and who probably don’t want to be in court in the first place. In Texas, due to the rantings of the pro-insurance groups, the jurors are often suspicious of a victim’s testimony regarding damages. If a person is injured, it’s difficult for them to see the situation from a jurors’ eyes.

What are Exemplary Damages?

Sometimes exemplary damages, otherwise known as punitive damages, result. Texas politicians have worked to reduce and even get rid of exemplary damages in Texas. As a result, there’s a much more difficult burden of proof to reach, and the bulk of cases don’t have the conditions for punitive damages submission. Therefore, a defendant’s act must be disgraceful for there to be punitive damages granted.

Meet our Corpus Christi personal injury lawyer in Corpus Christi. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles

Jerry J. Trevino Personal Injury Attorney: An Introduction To The Statute Of Limitations For Personal Injury Claims

The Statute Of Limitations For Personal Injury Claims With A Corpus Christi Lawyer

Anytime somebody is injured due to another person’s negligence, there is the possibility that a personal injury lawsuit may be filed. There is rarely ever any good reason for putting off getting advice from a qualified and experienced Corpus Christi personal injury attorney as soon after the injury occurs as you possibly can. However, there are times when something happens, and not everyone thinks to act as quickly as possible. For them, the question then is, “how much time is there before I need to file a personal injury claim in the state of Texas? To answer this question of the amount of time you have for filing your personal injury claim, there are some basic facts that you must understand first. The first thing that you need to know is that there is a statute of limitations associated with each cause of action when it comes to personal injury cases. The purpose of having a statute of limitations is having a deadline set so that there isn’t an endless possibility for liability. The statute of limitations means the latest date that by law you are allowed to file a lawsuit against somebody to seek compensation for your injuries. After your time for filing a lawsuit is past you will no longer be able to file any legal claims for your personal injury damages. You need to determine what the answer is to the question of: “how much time to have to file a personal injury lawsuit?”

How Much Time Do Have To File A Personal Injury Lawsuit?

The amount of time you have for filing your personal injury lawsuit can depend on several different factors. First of all, statues of limitations vary from one state to the next. That statute of limitations also varies according to the type of claim it is and whether you are an adult or minor. Finally, certain states have special circumstances and rules that might impact the statute of limitations for certain cases. Therefore, the information is being provided as a starting point. However, you always should consult with a personal injury lawyer in the state where your personal injury was sustained in other to determine whether or not there are exceptions to your specific case. You also need to be aware that whenever there is a government agency that is involved in something that there will always be notice requirements that must be met. In general, the notice periods require you to provide specific written notice that must be made in a specific format to the designated agents of the government agency for notice within a certain set time frame that has been specified. Usually, the time frame is within 90 to 180 days of the date when the incident occurred that produced your injury. Failing to provide the notice may cause your case to be barred regardless of what the statute of limitations is in your state.

  • Statute Of Limitation For Minors

In a majority of personal injury cases, you need to be aware that the statute of limitations doesn’t start until the minor has turned 18 years old. The dates specified below refer to dates for adults only unless specified otherwise.

  • Statutes of Repose

The discovery rule is one of the exceptions that apply to statutes of limitations on personal injury claims. When a person’s negligence is not discoverable when it occurs but is discoverable only at a later date, then there are a number of states that do provide an exception to their statute of limitations for this reason. In these situations, the statute of limitations does not start until the time that the negligence should have been reasonably discovered. What a statute of repose refers is is a statute that a state legislature has adopted that determines the final date for the discovery rule. Typically the statute of repose applies to a certain area like a defective product, a medical negligence act that has been concealed, or a construction defect. If a state has an applicable statute of repose, a final date is set such as 10 years or 7 years by which the plaintiff is required to file a lawsuit or is forever barred.

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A Corpus Christi Personal Injury Lawyer Elaborates On What Personal Injury Law Really Is

What You Need To Know About Personal Injury Law In Corpus Christi

A person who is assisted by personal injury-law is a body of the law which allows the injured individual to recover if the person’s injuries were caused by negligent omissions or actions of another corporation or person. The personal injury laws stem from a basic principle which involves that each person must have a “duty” to handle themselves in such as way that they do not cause injuries to others. In the way of failing to conduct themselves in the way that would have prevented someone’s injuries or not taking the necessary actions to avoid harming someone, the person is classified as negligent as well as breaching their responsibility of care, which makes them therefore liable for harm that has been done.

What Must Be Proved In Order To Win A Personal Injury Case?

According to Corpus Christi Personal Injury Lawyer, the elements that must be proven for personal injury cases include:

  • Damages
  • Duty
  • Proximate Cause
  • Breach of Duty

The legal system will hold corporations and people liable for negligence in the way of ordering them to pay a monetary value that the jury determines that will fairly make-up or what “compensates” them for the losses and harms that the negligent conduct has caused. An injured person will bear the “burden of proof.”

What Does Duty Mean In A Personal Injury Law?

A “duty” is described as a type of legal obligation when it comes to acting or not acting in a specific way. Each person of a sufficient mental capacity or/and age to comprehend their duties has a duty to avoid acting negligently. If you have acted in the way that is regarded as negligent, then you would have breached your duties to not act in a negligent way.

What You Need To Know About Negligence

According to Corpus Christi Personal Injury Lawyer, “negligence” is when a person fails to exercise care that is reasonable. In terms of the personal injury claims, the entity or person who has been proven as negligent will usually be held responsible when it comes to compensating a victim that was injured. In another way, it can be said that every person has a “duty” to exercise care that is reasonable.

What Does The Term “Reasonable Care” Mean When Dealing With A Personal Injury Case?

The expression “reasonable care” is explained as a care that ordinarily prudent persons should exercise under similar or the same circumstances. In the personal injury cases, a person is typically found negligent when they have failed their duty in order to provide “reasonable care”, which ultimately leads to another person’s injuries.

What Does Proximate Cause Mean?

Proximate cause is described as a type of cause which was classified as a factor that is substantial that contributed to bringing out the event, and without this cause, the event would probably not have happened. What this basically means is that if this factor had not occurred, the remainder of these events would not have played out, and the victim would not have sustained injuries. When a person has been proven to have failed to exercise “reasonable care” which has thereby resulted in causing another injury, the person might be held accountable to the individual that the damage was done to.

Understanding The Meaning Of “Damages” In Personal Injury Law

The term is known as “damages” is a reference to harm that has been done resulting from negligence. What is recovered from damages is something that is not classified as unlimited. This law allows for the recovery of specific elements associated with the damages. The common damages that include suffering and pain, lost income, medical bills, mental anguish and physical impairment and scarring. For detailed discussions about what you cannot and can recover, please refer to our “Questions About Damages” in the section below.

What Is A Personal Injury?

Personal injuries are classified as all types of emotional or physical harm that an individual incurs and in certain cases harm to a person’s reputation. Physical harm can include anything from the minor injuries to death.

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A Wrongful Death Attorney Explains How You Can Prove Fault & Negligence For A Wrongful Death Claim

Proving Fault & Negligence For A Wrongful Death Claim With An Attorney In Corpus Christi

Understanding Wrongful Death And What It Is

When looking for the right wrongful death attorney in Corpus Christi, it’s important to understand the history behind this regulation. It was created in the 19th century as a way to seek specific damages for a wrongful and/or negligent act. In that time, it was impossible to challenge such cases and that meant many individuals were let off without charges. However, once the regulations were put in, it provided the ability to claim for the wrongful death. The state started incorporating survivor statutes and wrongful death statutes into the state legislatures as a way to help out close family members and heirs. This was an important way to seek out damages and make sure they were able to manage financial losses and/or other related compensation. In some cases, this would include seeking out funeral costs and other present-time damages that had to be filled after the death. All of this would be brought into the case. To see whether you have a case, make sure to check out our site for more information.

Breaking Down Negligence In Wrongful Death Cases

It’s important to note damages might be present in a wrongful death case, however, this doesn’t mean negligence was involved. There are different elements to each case and those have to be considered to file a lawsuit. It’s important to focus on these elements, which include damages, causation, breach of duty, and duty.

1. Establishing Duty

Before a defendant can be prosecuted, he/she has to be held liable for negligence. This is done by understanding “duty” and how it is handled. In general, “duty” refers to the idea of a person (defendant) being held responsible directly or indirectly for the safety of another person (dead plaintiff). If the person is not kept safe by the person that has established duty then he/she can be sued under the wrongful death act. A good example of this would be a plaintiff that has stated the defendant was driving recklessly on the road and killed the decedent. This would be argued in the court of law as the defendant had the duty to operate a car safely without putting others in danger while doing so. In most wrongful death cases, a judge is going to be held responsible for establishing duty and certifying it. This is done based on the facts presented in the court of law and what the judge feels fits according to public policy. If the judge believes there was established duty then he/she will move forward with the case and ask for both parties to meet. This is done by understanding the act and how it harmed the decedent.

2. Proving Breach of Duty

Plaintiffs are asked to present detailed and accurate evidence suggesting duty can be determined and how the defendant breached it. This can be done using specific examples such as the defendant not paying attention to the road and hitting the decedent leading to death. If this is proven then the breach of duty is established and it can be put in front of a jury. It’s important for the plaintiff to prove his/her information and make sure it is true.

3. Establishing Causation

After the breach of duty has been established, the plaintiff has to move forward and illustrate how this breach led to a wrongful death. Having a breach of duty is not enough to convict a defendant of his/her action as it has to lead to the death itself. In the accident, this would mean the defendant’s car was the one that hit the decedent. If this is not proven then the jury is not going to find the defendant guilty and that will be the end of the case. It is important to think about these details in advance as they can become complicated.

4. Establishing Damages

While causation and breach of duty are important, it is also essential to take a look at the decedent’s damages. This is the only way to know whether or not those damages actually led to the plaintiff’s death. This is essential as it can lead to the rest of the elements being proven as it is going to offer value.

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Wrongful Death Lawyers In Corpus Christi Explain How To File A Wrongful Death Lawsuit

Understand How to File a Wrongful Death Lawsuit With A Wrongful Death Lawyer

The death of a loved one due recklessness, neglect, or willful acts of another reason, entitles any aggrieved surviving family member to wrongful death compensation. The surviving member can file wrongful death lawsuits against the party involved. The lawsuit is filed in the civil court, where the number of damages the family is entitled to owing to the untimely demise of their loved one is determined. Additionally, based on the damages that the family is entitled to, a monetary compensation is determined.

Grounds For Filing A Wrongful Death Lawsuit

For the family of the deceased to file a civil lawsuit, they must have legal grounds. These are legally supported reasons for one to make a claim. For wrongful death lawsuits, the grounds of the lawsuit need to be that the deceased lost his or her life due to the negligence or intentional actions of the accused. Another aspect of the suit is that they should be an emotional and financial impact on the surviving family. As such, the surviving family members need to establish two things, if they are to be successful in their lawsuit:

  • The death of the demised was indeed caused by the recklessness, deliberate act, or negligence of the accused party and that the death of demised was not caused by their inaction or the action.
  • The surviving members have to show that they have suffered measurable damages due as a consequence of their loved wrongful one’s death.

Among the most common causes of wrongful deaths lawsuits include death caused by automobile accidents, medical malpractices, work-related accidents, and any unlawful acts that occur as a crime was being committed.

1. Who Has The Right To File A Wrongful Death Lawsuit?

This is defined by state laws. However, in all states, surviving children and a spouse can file a wrongful death lawsuit. In other states, extended family members, such as siblings and grandparents can file such lawsuits. Do you have a case? Check this link.

2. Probate Is Necessary For Filing For A Wrongful Death Lawsuit

Another requirement for these kinds of lawsuits is that the surviving family members must open a probate estate, which will allow them to sue on behalf of the deceased. In cases where there are surviving children, the court may require that a guardian is appointed. The guardian will look out for the best interest of the children.

3. The Types Of Damages The Suing Party Can Collect

After establishing that the death of their loved one was caused by a wrongful act, the suing party can collect these types of damages:

  • Medical bills as well as burial expenses
  • Compensatory damages for the lost wages the deceased would have earned if he or she were to live their normal life expectancy
  • Compensatory damages associated with the pain and suffering the surviving member endured due to the due to the absence of their demised loved one.
  • Punitive damages which are meant to punish the person who caused the death of their loved one. These damages are meant to discourage such similar behavior. However, you should note that not every state has a provision for this kind of damages.

It is also to every state has a statute of limitation for this kind of lawsuit. This is the length of time that you can wait before filing a wrongful death lawsuit. If you wait too long and the statute of limitation is passed, you can no longer file such lawsuits. Therefore, if you believe that a loved one died due to negligence, deliberate acts, or recklessness, consult Corpus Christi Wrongful Death Lawyers to attain a better understanding of your legal rights and what you should do.

Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles.