In Texas, wrongful death describes a fatality that was avoidable. In wrongful death cases, the fatality is caused by direct actions or negligence. The allegations apply to any personal injury-based claim or criminal act where the victim died. A wrongful death lawyer in Lubbock, TX helps families start wrongful death lawsuits.
How Did the Victim Die?
The family needs to order an autopsy that officiates the cause of death. A pathologist conducts a more thorough assessment for the autopsy than doctors who complete death certificate details. The findings of the autopsy identify any additional factors that contributed to the fatality.
Did the Fatality Occur During the Commission of a Crime?
Families have the legal right to file a civil lawsuit if the victim died due to a criminal offense. If convicted, the defendant is ordered to pay restitution to the victim’s family. However, restitution doesn’t block efforts to collect compensation through a civil lawsuit.
Were Risks Disclosed by a Doctor?
If the victim died due to medical malpractice, it is necessary to determine if the cause of death was a disclosed risk. The family doesn’t have a viable claim if the patient gave their consent and were aware of the risk. The patient’s medical file is reviewed for a consent form for the procedure that caused the fatality. If the patient was unaware of the risk, the family has a viable wrongful death claim.
What Evidence Does the Family Have?
The victim’s family needs all medical records connected to the victim’s injuries. If the injuries are related to a crime, the family needs court documents showing who was charged with or convicted of the crime. Any witnesses who saw the event that caused the fatality to provide testimony.
In Texas, wrongful death lawsuits are filed after an avoidable fatality occurs. The claims are filed to collect compensation for medical costs and funeral expenses. The lawsuit includes tort-based claims for a loss of financial support for surviving children. The proceedings require an autopsy to show the exact cause of the victim’s death. Families that need assistance should contact a wrongful death lawyer in Lubbock, TX and schedule a FREE consultation today.
