Wrongful Death is a legal term that indicates through a party’s negligence, malpractice, or intentional actions, an individual has died wrongfully. Broadly speaking, the party at fault must be shown to be just that: at fault. Beyond this, though, there is a litany of common questions that arise in wrongful death cases. This holds true with Spring Branch wrongful death cases as well. Though this list of Spring Branch wrongful death FAQs might be helpful, the attorneys at Carabin Shaw always recommend that -- should you or a loved one think that wrongful death has occurred -- a lawyer be consulted further in evaluating and assisting in any wrongful death case. This holds true whether you’re in Big Spring, Houston, Spring Branch, or elsewhere. That said, what follows are some common questions that arise in these cases for preliminary awareness.
What are Some Common Types of Wrongful Deaths?Though wrongful death can be proven in a plurality of situations, there are some highly common instances that our attorneys see regularly. These include:
Wrongful death claims are civil suits. This is why there is no such thing as charging someone with murder in a wrongful death case, as that is a criminal charge. More specifically, in Spring Branch (and Texas as a whole) it is Section 71.001 that establishes wrongful death as a “wrongful act, neglect, carelessness, unskillfulness, or default” made by a party that resulted in a death. Though that list may seem to apply to a high number of instances, it is fundamental that fault is established. This is no easy matter, which is why contacting a qualified Spring Branch wrongful death attorney is fundamental for anyone who is looking over this Spring branch wrongful death FAQs as a result of a belief that a loved one may have died as a result of wrongful death.
Who Can File a Wrongful Death Claim?In wrongful death claims, only the parents, spouse, or children of the deceased may file. This includes adoptive children or parents. If you or a loved one may not fall within these categories, it is still always advisable to contact an attorney immediately.
What if There is a Criminal Case That is Ongoing for the Death?A criminal case is completely separate from the civil (wrongful death) case. These cases are tried in separate courts, often with different legal teams. An example of this is with the infamous OJ Simpson case. As well as there being the often-talked about criminal case, there was also a civil, wrongful death case that Nicole Brown’s family brought to suit.
Further, the results of one case may not impact the other. If you or a loved one has lost a family member as a result of wrongful death in Spring Branch, getting the appropriate damages needed for you to properly grieve and survive the familial loss is an impossibility outside of wrongful death, civil suits and not an option in a criminal case.
What if I Think Wrongful Death Occurred On-the-Job, as a Result of an Employer?This is a grey area, and it is highly advisable that you contact a qualified lawyer, such as one of your experts here at Carabin Shaw. That said, these cases can often come down to if there was workers’ compensation. Generally if there is, the case would not be handled as wrongful death. Should there fail to be workers’ compensation insurance, it is often the case that wrongful death can apply to the situation.
That said, there must always be a clear indication of fault in these cases and establishing this fault requires keen legal know-how. Beyond the general information you may acquire from looking over this Spring Branch wrongful death FAQs list, it is vital that you or your loved one contact a wrongful death attorney immediately.
What Kinds of Damages Could I Potentially Receive in a Spring Branch Wrongful Death Suit?Broadly speaking, a successful wrongful death claim could generate both compensatory and punitive damages. Further, there can be both damages awarded that are tied to a specific financial amount that can be documented (i.e. medical costs, loss of income) and costs that cannot be easily documented (i.e. mental anguish, loss of companionship). The media tends to sensationalize the latter, but more than often it is a combination of the two that is awarded with the bulk of the former making up any damages awarded in the event of a wrongful death.
What if My Question Wasn’t Answered Here?There are many more questions that could arise in regards to wrongful death cases. If you or a loved one have more questions (or a follow-up), we at Carabin Shaw have legal experts across Texas who have the legal know-how to help you. Don’t hesitate to contact us today. Your initial consultation is free.