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Accidents can unfortunately happen at any given time to any person – whether at work, in the car, or even at home. The loss of a loved one is a devastating event in anyone’s life and can have vast emotional and financial repercussions on a family. If you have lost a loved one due to the negligent actions of another person or company, you may be entitled to bring a claim for damages against the responsible party.
Wrongful death in Texas is part of an action which can be brought after an injury causes a person’s death if it was caused by another person’s wrongful act, neglect, carelessness, or unskillfulness. A responsible party does not need to cause the injury or accident, but could be the employer or agent of the person who committed the accident. For example, a worker who acted negligently at the workplace, resulting in a terrible accident may not be held liable for their actions. However, the employer may be held responsible for the worker’s actions since the employer should have properly trained the worker.
Each scenario will involve a different set of circumstances and different responsible parties. Accidents unfortunately can occur on any given day, in any setting. However, it serves as a small window of comfort that family members can bring a claim against the responsible party.
As the loved one of the victim of a terrible accident, you are entitled to bring a claim for the loss of your loved one. This can include their future salary, the impact on your family’s emotional health, and the loss of consortium.
Wrongful death claims may be brought after any type of accident, such as a car accident, workplace accident, or medical malpractice injury. Wrongful death claims may also be brought after you experience the devastating loss of a child through a birth injury. Most family members do not immediately think about their ability to bring a wrongful death claim shortly after the loss of a loved one and are simply trying to learn how to live without their loved one. However, our attorneys at Sadler and Sadler will carry the stress of filing a wrongful death claim, while you take care of yourself and your family.
Wrongful death claims may be brought alongside criminal charges. For example, a drunk driver who caused an accident which resulted in the death of your loved one will often face criminal charges for drunk driving. However, you are entitled to bring a claim for damages at the same time as the responsible party faces a criminal court. The civil court claims also do not require as high of a burden of proof as criminal court requires, meaning that you may have a better chance of receiving a settlement in civil court.
It is also important that you establish that the responsible party was more than 50 percent responsible for the outcome of the accident. As a comparative negligent state, Texas only allows a claim for damages if the family can prove that the responsible person was more than 50 percent responsible for the accident.
If you have lost a loved one in a terrible accident, do not hesitate to contact the attorneys of Sadler & Sadler. Our attorneys have over 30 years of combined experience in representing clients whose loved ones were taken from them too soon due to the actions of another party. There is no way to replace our loved ones, but we can hold the responsible parties liable for their actions in causing a devastating accident. Contact our San Antonio office today for your initial free consultation.