Mesquite Wrongful Death Lawyers

Wrongful Death Accident Statistics in Mesquite

The city of Mesquite, Texas, and the state at large have seen a considerable number of wrongful death instances in past years. According to the Texas Department of Transportation, in 2021 alone, there were over 4,400 fatal traffic accidents in the state, many of which resulted in wrongful death suits. This statistic represents a more than 15% increase over 2020. Based on these statistics, 1 person was killed every 1 hour and 57 minutes on Texas roadways.

In Mesquite specifically, a small city in Dallas County, there were 16 fatal accidents in the same year. These figures only represent one form of wrongful death, and when considering other causes, such as medical malpractice or workplace accidents, the number of wrongful deaths in Texas rises significantly. These statistics underscore the vital role of a proficient wrongful death personal injury attorney in seeking justice for the victims and their families.

Types of Wrongful Death Accidents in Mesquite

In Texas, the most common types of wrongful death lawsuits stem from several significant areas. Traffic accidents, as mentioned above, rank highest on the list, with fatalities resulting from car, truck, motorcycle, bicycle, and pedestrian accidents.

But there are many other types of accidents beyond motor vehicle accidents and some of those include:

• Medical malpractice: Leading type of wrongful death accidents where errors in diagnosis, treatment or surgery, or neglect in nursing homes lead to preventable deaths.
• Workplace accidents: These types of accidents will typically happen in high-risk industries like construction and oil fields and  account for a significant portion of wrongful death claims.
• Defective products: The manufacturer of defective products along with those in the marketing chain can be held liable for products that cause injury or death.
• Premises liability: This type of wrongful death accident occurs when property owners fail to maintain safe conditions.

Other types of wrongful death accidents can involve boating, animal attacks and pedestrian accidents. Understanding these categories can help victims and their families identify possible wrongful death claims and seek justice for their loss.

Preventable Medical Error Accidents and Wrongful Deaths

Preventable medical errors account for a significant number of wrongful death lawsuits in Texas. These errors can occur at any stage of medical treatment, from initial diagnosis to the execution of surgical procedures. Misdiagnosis, or the failure to diagnose a serious condition promptly, can lead to devastating consequences, as can errors made during surgical procedures. In some cases, improper or insufficient aftercare post-surgery may result in fatal complications.

Additionally, neglect in nursing homes, leading to bedsores, malnutrition, or falls, can also be classified as preventable medical errors. The preventability of these errors only underscores the tragedy of the loss, as proper medical care and diligence could have averted the death. Thus, families who have lost a loved one due to a preventable medical error may have a strong case for a wrongful death lawsuit.

Preventable Workplace Accidents and Wrongful Deaths

In Texas, workplace accidents, particularly in high-risk industries like construction and oil fields, often result in wrongful death claims. These sectors incorporate inherently hazardous environments, where the risk of serious injury or death is significantly elevated.

Tragically, many workplace fatalities are preventable, often resulting from inadequate safety protocols, faulty equipment, or insufficient employee training.

For instance, oil field accidents may involve explosions, equipment failures, or even exposure to hazardous chemicals, leading to fatal injuries.

Similarly, construction sites pose a myriad of risks, including falls from height, machinery accidents, and electrocutions. When an employee’s death is caused by an employer’s negligence, the victim’s family may be eligible to pursue a wrongful death claim to seek compensation for their loss.

Who is Responsible in Wrongful Death Claims in Mesquite?

All states have their own wrongful death laws; however, they do vary by location. For instance, some states only allow immediate family members, such as a spouse or child, to file a claim while other states allow anyone who was financially dependent on the deceased person to recover damages.

Under Texas law, the deceased person’s surviving spouse, children, and parents—or one or more of those individuals on behalf of them all—are eligible to file a wrongful death lawsuit.

As one of the top wrongful death lawyers in Mesquite, Thompson Law Injury Lawyers will tell you wrongful death is generally any death that was the result of recklessness, wrongdoing, negligence, or malicious intent.

A broad range of parties could be held liable for a wrongful death case, including:

• An individual
• A company
• An entity
• A government municipality

Your claim could involve one person or multiple parties that each played a role in the negligent act led to the death. With Thompson Law’s expert team, you can feel peace of mind knowing your case is in good hands.

Recovering damages from a wrongful death lawsuit can often be a complex and challenging process. The difficulty largely depends on the specifics of the case, including the nature of the negligence involved, the number of parties liable, and the legal intricacies of the jurisdiction in which the case is filed.

It requires the plaintiff’s legal team to prove beyond a reasonable doubt that the defendant’s negligence or wrongdoing directly resulted in death.

Additionally, quantifying the monetary value of damages, such as loss of companionship, future earnings, and emotional distress, often involves intricate calculations and subjective assessments. It’s important to have experienced legal representation to navigate these complexities, gather substantial evidence, and present a compelling case.

Hiring an experienced lawyer in a wrongful death case is of paramount importance. This is not just a matter of understanding the law, but also of being able to navigate an often-convoluted legal processes.

Wrongful death cases involve complex legal issues, including the identification of liable parties, the establishment of negligence, and the calculation of damages. An experienced lawyer brings to the table their vast knowledge of legal precedents, their refined negotiation skills, and their expertise in presenting compelling arguments in court.

They are adept at gathering and analyzing evidence, structuring strong legal strategies, and engaging in tough negotiations with insurance companies. Furthermore, having a seasoned attorney by your side can provide you with peace of mind during this difficult time, knowing that your case is being handled with the utmost professionalism and dedication.

Texas Wrongful Death Law in Mesquite

In the state of Texas, the wrongful death statute allows the spouse, children, and parents of the deceased to file a wrongful death claim. This includes adopted children and parents, provided the adoption was legally and fully completed.

However, siblings, both biological and adopted, are not permitted to file such a claim in Texas. If the eligible individuals do not file a wrongful death claim within three months of the death, the executor or personal representative of the deceased’s estate may file the claim instead, unless an eligible family member specifically requests that the claim not be filed.

Qualifying Relatives Who Can File a Wrongful Death Claim in Texas:

• The surviving spouse
• A surviving child (adult or minor)
• The surviving parent(s)
• A legally adopted child of the deceased
• The surviving adoptive parent(s)
• The executor of the estate for the deceased

Survivorship and Wrongful Death Claims in Mesquite

Survivorship and wrongful death lawsuits, albeit closely related, have key differences. While a wrongful death lawsuit seeks damages for the survivors’ losses, like loss of companionship and financial loss, a survivorship action is essentially the claim that the deceased could have pursued had they survived. The latter often includes damages for pain and suffering endured by the deceased before their death, their medical expenses, and lost wages.

In Texas, both actions are usually filed together. However, they are distinct, and the damages awarded are kept separate. Importantly, any recoveries from a survivorship lawsuit belong to the deceased’s estate and are distributed according to the will or the state’s succession laws.

On the other hand, recoveries from a wrongful death action are not part of the estate and are distributed among the eligible family members, usually the surviving spouse, children, and parents.

Four Essential Proofs for Proving a Wrongful Death Lawsuit

In order to successfully establish a wrongful death claim, there are four fundamental elements that the plaintiff must prove:

• Negligence: The plaintiff must be able to demonstrate that the death of their loved one was caused, in whole or in part, by the recklessness, carelessness, or negligent actions of the defendant.
• Breach of Duty: It must be shown that the defendant owed a duty to the deceased victim. For instance, a driver has a duty to drive safely, and doctors have a duty to provide proper medical care. The plaintiff must then prove that this duty was breached as a result of the defendant’s negligent behavior.
• Causation: Beyond proving that the defendant breached their duty of care, the plaintiff must also demonstrate that this breach was the direct cause of their loved one’s death.
• Damages: The death of the victim must have resulted in quantifiable damages such as hospitalization costs, funeral and burial costs, loss of income and potential earnings, loss of protection and guidance, and so forth.

Each of these elements plays a critical role in establishing the legitimacy of a wrongful death claim, and failure to sufficiently demonstrate any of them can significantly impact the outcome of a lawsuit.

How do you Prove the Four Essential Wrongful Death Elements?

Proving the four essential elements in a wrongful death lawsuit involves substantial, credible evidence and legal expertise.

• Negligence: This can be proven by presenting evidence that shows reckless or careless behavior by the defendant. This could include traffic violation records, surveillance footage, or testimonies that demonstrate the defendant’s negligence.
• Breach of Duty: The plaintiff must illustrate how a duty existed between the defendant and the deceased. For example, a doctor-patient relationship, or the responsibility a driver has to abide by traffic rules. Evidence could be the testimony of an expert witness, contracts, or written rules that outline duties.
• Causation: Proving causation requires showing a direct link between the defendant’s breach of duty and the death. This could be done through forensic evidence, accident reconstruction, or expert testimony.
• Damages: These are typically shown through tangible proof like receipts for medical bills, funeral costs, and evidence of lost wages. Proof of non-economic damages like emotional distress may require testimonies from family members or mental health professionals.

Types of Damages in Wrongful Death Cases in Mesquite

In wrongful death claims, the damages often sought for recovery are typically divided into economic and non-economic damages.

Economic damages aim to compensate for the financial contributions the deceased would have made to their survivors, such as lost earnings (including future earnings), lost benefits, and any medical costs the deceased incurred due to their injury before they passed away.

Non-economic damages aim to compensate for more abstract losses, like the mental anguish, pain, and suffering the survivors experience due to the loss of their loved one, loss of companionship and society, and loss of parental guidance if the deceased had minor children.

In certain cases, punitive damages may also be sought to punish the defendant for gross negligence or a willful act that resulted in the death.

Finally, in Texas, statute of limitation laws apply to wrongful death cases. The clock begins ticking on the date of the deceased’s death and ends two years later. It is thus important for the families to seek legal counsel shortly after a loved one passes away.

Failing to do so may mean that they miss their window of opportunity to bring a wrongful death claim and obtain closure or financial compensation from the responsible party.

Confide in Our Mesquite Wrongful Death Lawyers for Experienced Legal Help

It is important to have a qualified lawyer on your side who understands the nuances of personal injury law and can help you seek justice for your loved one’s death. A knowledgeable attorney may also help with the process of collecting evidence and preparing a case, such as gathering medical records and witness testimonies.

Additionally, having legal counsel can ensure that you are able to take advantage of any settlement offers or jury awards that may be available in your wrongful death case.

By working with an experienced lawyer, surviving family members can find closure for their loved one’s untimely death and ensure that the responsible party is held accountable for their actions.

It is also important to remember that Thompson Law’s legal fees are handled on a contingency basis, meaning families do not pay anything out of pocket until they receive either a settlement or jury award.

Seeking legal counsel after the wrongful death of a loved one can be an intimidating process, but it is a necessary step in the pursuit of justice. It’s important to have an experienced attorney on your side who can guide you through the process and ensure that your rights are protected.

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