If your loved one has died of COVID-19 while a resident or employee of a nursing home or assisted living facility in Texas, you have every right to explore the potential for filing a wrongful death lawsuit.
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What is wrongful death?
Wrongful death is when someone dies due to the fault of another person or entity, like a company. People, companies, and government agencies can be legally at fault for acting negligently, for failing to act as a reasonable person would have acted, and for intentional acts that cause harm.
A wrongful death claim is a special kind of personal injury lawsuit that is made when a person is killed due to another party’s negligence. This type of lawsuit seeks financial compensation for the survivors’ losses including lost wages from the deceased person, expenses including funeral and burial expenses, and lost companionship.
Who can file a wrongful death claim?
A wrongful death claim is filed by a representative on behalf of the survivors who have suffered damages from the death. These survivors can be:
- Immediate family members including adopted children and parents of unmarried children;
- Life partners and financial dependents;
- In some states, distant family members like siblings and grandparents;
- In some states, any person who suffers a financial loss from the death.
Who may be sued for a wrongful death?
Many people, companies, and agencies can be named in a wrongful death lawsuit, depending on their roles in the fatal incident. These can include:
- The at-fault driver in a car crash;
- The person or company that sold alcohol to a drunk driver who caused a collision;
- The parole officer who should have been supervising a parolee who drove drunk;
- The government agency that designed a dangerous roadway that contributed to a crash.
To successfully complete a wrongful death suit, the plaintiffs, (the deceased person’s survivors) must prove that the at-fault party owed a duty of care to the deceased, and that they failed in that duty which was the cause of the death, and that the death caused the damages that the plaintiffs are attempting to recover.
Wrongful death claims are complicated and emotionally difficult for the surviving family members. It is always advisable to find an experienced personal injury attorney to handle a wrongful death claim, so that families can focus on healing and moving forward in life as best they can.
Physicians and nurses are majorly responsible for treatments and administration of medication to any sick person at a hospital. If the person dies wrongfully, it may be the fault of the physician and not the entire hospital.
One of these terrible, tragic and painful cases, the death of an 8-year old child, received national attention.
The goal of the lawsuit, according to the Robles family, is not to recover monetary damages but to seek answers from Molina and raise awareness about the dangers of distracted driving.
When Bellingham families lose a loved one, the wrongful death claim process can add even more stress
You should file a wrongful death claim when someone’s negligent or harmful acts are responsible for your loved one’s death. If your loved one died in a car accident that was not their fault, you may be able to recover damages from the person that caused the accident.
Monetary damages and jail time are the way we hold people accountable for their negligent actions in modern society.
What money does though, is help you take care of the financial problems that often result without your loved one’s income.
While some states are safer to drive in then others, Seattle is ranked as one of the cities with the worst drivers in the nation. Seattle and Washington state car accidents are becoming more frequent.
If no family members pursue a case within 3 months and no survivors expressly indicate a desire to forgo a lawsuit, then the deceased’s executor can do so.
If you do decide that you must pursue a wrongful death lawsuit, however, it is important to ensure that you include these four items in your case...
Because the minor lacks the capacity to enter into a legal contract, how can a minor accept a settlement offer? Can the parents accept the settlement on behalf of the child? Does the money simply then go to the parent? Go here to get answers to these important questions about Texas car accidents and minor settlements.
With more commercial trucks on the road, traveling to and from drilling sites, many believe the 51 percent increase in accidents involving commercial vehicles is no coincidence.
Bill Coats Law specializes in wrongful death cases in devastating car accidents. With empathy and grit, our lawyers walk survivors through the complicated process of financial recovery. Click here for this guide to basic questions answered about damages recoverable in wrongful death cases.
So many pieces come crashing down when someone dies in a car accident. Funeral expenses, medical bills, and losing what feels priceless are compounded by wages lost. What is recoverable? Bill Coats Law answers this common question in wrongful death cases.
It can be yet another devastating blow to learn that the person who killed someone you love in a car accident doesn't have a high enough policy to cover the wages your family will lose. But don't despair. There is a way to seek these damages. Click to learn more about uninsured motorist coverage in wrongful death claims.
After an automobile accident, especially when someone has died, it's natural to feel overwhelmed and uncertain about what happens next. Bill Coats Law, in Bellingham Washington, has put together a YouTube Channel to answer some common question in hopes to help accident victims start on the right path to full financial recovery. Click here to get the answers you need.
Bellingham personal injury lawyer Bill Coats recorded a series of videos to discuss common policies and pitfalls of the insurance claims process. One of these is called subrogation, and is an important concept that accident victims and survivors of those who were fatally injured need to know. To learn more about this common insurance policy aspect, click here.
Negligence can come in so many forms, but in essence means that someone was supposed to do something in a certain way, and did not. This heart-breaking case shows how a personal injury lawyer in Bellingham, WA worked on a wrongful death claim for a child killed because of a long chain of unfortunate events that could have been prevented if not for a government official's negligence.
Jet skis may look like harmless fun and seem as though they are so easy to operate a child could do it. However, they are capable of high speeds and can be dangerous. Jet skis require training in order to use. When that training is not taken seriously, and children operate these vehicles without adult supervision, accidents can happen. Here is one story of how that accident resulted in the death of a teen.
Deaths that occur needlessly due to someone else's negligence are very complex situations. Along with all the emotions that a survivor must sort through, the loss brings up financial questions and concerns. How to pay for funeral costs? And if the deceased was a financial provider, how will their income be replaced? Here's the one thing you should do as soon as possible. Click this link to watch a short video to answer the most frequently asked question of survivors of fatal accidents.
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