Information and resources related to Midlothian wrongful death claims

Comprehensive Information and Legal Options for Midlothian, TX Wrongful Death Victims

In Texas, not every death is a wrongful death

Here at Accident Data Center, we learn every day about people who are killed in accidents of all kinds, and of all circumstances. And while some of these accidents are just tragedies brought on by unavoidable factors like adverse weather conditions, many are caused by the negligence of another person, a company, or another type of entity. When negligence causes a person's death, it is considered a wrongful death. A person or corporation must have committed a wrongful act that caused injuries to the decedent resulting in his or her death. To prove the defendant was at fault, you must show that the defendant owed a duty to the victim, that he or she breached that duty, and that this breach actually caused the victim’s death.

What is the legal definition of wrongful death in Midlothian?

Texas Statutes section 71.001 states that an action for wrongful death may be brought if the "wrongful act, neglect, carelessness, unskillfulness, or default" of one party causes the death of another. Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Wrongful death claims are often based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, or medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway.

Who can file a wrongful death claim in Texas?

The surviving spouse, children, and parents of the deceased person may file a wrongful death claim in Texas. Any one of these individuals may file the claim singly, or as a group together. Siblings do not have the right to file a wrongful death claim in Texas.

What are the most common causes of wrongful death in Midlothian and across Texas?

• Medical malpractice - A study published by the BMJ estimates that more than 250,000 Americans die each year from medical errors, ranking just behind heart disease and cancer.
• Motor-vehicle crashes - According to the Insurance Institute for Highway Safety, in Texas in 2019 there were 3,615 people killed in crashes.
• Workplace accidents - According to the US Department of Labor, More than 4,500 workers lose their lives on the job every year nationally. And according to the Bureau of Labor Statistics, in 2019 in Texas there were 608 fatal workplace injuries. 

What types of damages are available to families of Midlothian wrongful death victims?

Damages in a Texas wrongful death claim are paid to compensate the surviving family members and the estate for losses including:

• lost earning capacity;
• lost care, maintenance, services, support, advice, and counsel the deceased would have provided his or her surviving family members;
• mental and emotional anguish, pain, and suffering;
• lost love, companionship, and comfort;
• lost inheritance, including what the deceased would likely have saved and left to surviving family members if he or she had lived a normal expected lifetime.

Many Midlothian wrongful death claims stem from fatal crashes caused by drunk or distracted drivers

To reduce the number of injuries and deaths caused by drunk drivers, Texas became the 25th state to pass an all-offender ignition interlock law in 2015, which has resulted in drunk driving deaths being decreased by 8.5%. According to Mothers Against Drunk Drivers, in 2017 and 2019, Texas lawmakers got tough on first-time drunk drivers by ensuring that an ignition interlock is used as part of any plea deal.

If a loved one has died due to the negligence of another party, you will need a great Midlothian wrongful death attorney to help

When a fatality occurs due to someone's negligence, it is crucial to get help from an experienced Midlothian wrongful death lawyer. Wrongful death claims are complicated, and require a high level of experience to handle effectively.