Mesquite Wrongful Death Attorney

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Wrongful Death

Your loved one has died due to someone else’s fault, so what do you do? Trying to cope with your emotional loss is hard enough, but what about the financial recovery that you are entitled to as a result of your loss? You deserve compensation for your losses including what you have lost emotionally, what you have lost financially, and also what the deceased lost both emotionally and financially. In Texas, recovery options in these cases generally include wrongful death and survival claims.

Types of wrongful death and survival action cases

Wrongful death and survival action cases that we frequently see with our clients include the following factual scenarios:

  • Car accident fatalities caused by someone’s negligent, reckless, or intentional conduct. Examples include inattention, driver error, impaired driving, distracted driving, and road rage.
  • Product liability cases when someone is killed due to a defective product such as a seatbelt malfunction in a fatal car accident or dryer defect that caused a fatal house fire.
  • Medical malpractice when a medical professional’s negligence causes a patient’s death such as an obstetrician’s negligence leading to the death of a mother or child during birth.
  • Assault that ends in one person’s death including police brutality incidents and robberies.

Wrongful death claims are asserted by the decedent’s loved ones in an attempt to recover for damages suffered as a result of losing the decedent. Survival actions are brought to benefit the estate in an attempt to recover for the injuries and damages sustained by the decedent.

Wrongful death and survival action defenses

  • Statute of limitations – If a plaintiff waits too long to file these claims, the defendant will argue that the case should be dismissed because the statute of limitations has run.
  • Lack of legal standing to sue – The defendant argues that the plaintiff does not have the legal right to assert his or her claim. For example, the decedent’s children may be allowed to file a wrongful death claim, but a decedent’s friend or distant cousin may not.
  • The death was not caused by the defendant – A defendant may argue that his or her conduct was not the actual cause of death. For example, a doctor may argue that his negligent cancer treatment did not cause the patient’s death because he actually died from a heart attack.
  • Comparative fault – A defendant may argue that the decedent’s own negligence contributed to or caused his or her own death. If this argument is successful, the result could be a defendant’s verdict or a plaintiff’s verdict reduced by the portion of the decedent’s own negligence.
  • Denial of injuries and damages – A defendant may deny that the plaintiff or deceased suffered the damages and injuries claimed by the plaintiff.

If your loved one died due to the fault of someone else, contact Mesquite wrongful death attorney, Dorothy Hyde, to schedule a consultation. Our wrongful death experts know that this is a painful time for you and your family members and that you may be feeling vulnerable and overwhelmed. We know that we cannot bring back your loved one, but we can help by advocating for a full and fair recovery for you and your family. Your loved one would want to see that you receive the financial compensation that you deserve.

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