Wrongful death is one of the most devastating events that could happen to someone. It can happen to anyone. Wrongful death occurs when an accident victim dies because of the negligence of another party. The most common accidents that result in wrongful death include accidents with semi-trucks or delivery trucks, drunk driving accidents, car accidents, hit and run accidents, pedestrian accidents, bicycle accidents, accidents that happen on a construction site, motorcycle accidents, hospital or nursing home negligence, and medical malpractice.
There are times when a survivor of the victim may be able to bring a wrongful death lawsuit. What must be proven in Texas wrongful death lawsuits in order for the survivor to win?
Recently, Johnson & Johnson lost a lawsuit that claimed 22 women died of certain types of ovarian cancer because of their long-term use of Johnson & Johnson products that were contaminated with asbestos. The initial verdict, handed down in July of 2018, awarded the 22 plaintiffs and their families a total of $4.69 billion. Although Johnson & Johnson appealed the verdict, it was upheld by Judge Rex Burlison.
Johnson & Johnson has yet to exhaust the entire appeals process, but Judge Burlison wrote in his order that there was “substantial evidence” of “reprehensible conduct.” He also went on to point out that management knew that asbestos was in products that were specifically designed to appeal to mothers for their own use or for use with their babies.
Suffering traumatic injuries is difficult enough for families, but when loved ones die from their injuries, it can be devastating. A person may sustain an injury type that, over the course of a few weeks, months, or years, leads to death. When this is the case, the injured person or his or her family members may begin a personal injury claim — or have the right to begin a personal injury claim — against the liable party. However, if the claimant dies before the case is settled, surviving family members may have questions about what’s next. The following provides an overview of what to do if your loved one filed an injury claim but passed away before it was settled.
A person might file a personal injury claim when she or he suffered an injury because of the negligence of another person. The claim seeks damages for all of the losses that the victim sustained. However, if the person succumbs to his or her injuries before resolving the claim, things can become confusing. Does it continue as a personal injury? Does the insurer or court throw it out? Does it become another type of claim?
In fact, the personal representative of the deceased may pursue a survival action in place of the personal injury claim. The personal representative may also pursue a wrongful death claim on behalf of the deceased’s beneficiaries.
Riding a motorcycle can be dangerous, especially because of the high risk of suffering fatal injuries in an accident. But if another person’s negligent actions caused a motorcyclist’s death, the family can file a wrongful death lawsuit.
The Texas laws for wrongful death actions allow the surviving spouse, children, and parents of the deceased to file a claim for damages resulting from the death of their loved one.
A fatal car accident can be a case of wrongful death if another’s negligence caused the accident. In most cases, the other driver will be liable for causing the fatal injuries, and you may be eligible to file a wrongful death claim against those responsible.