What makes a death a "wrongful" death?
A wrongful death is any kind of death that may have resulted as a direct result of negligence by another party, be that another driver, an employer, a surgeon, etc. Wrongful death may occur in a variety of accidents such as:
- Car accidents
- Drunk driver accidents
- Truck accidents
- Medical malpractice
- Railroad accidents
- Work accidents (especially in construction)
- Defective products
- Dog bites
- Etc, etc etc…
The Texas Civil Practice and Remedies Code establishes the premises for filing a wrongful death claim. You can read more on the code here, or you can get a quick answer about your particular situation by calling us (for free) at (214) 651-6100.
Who can file a wrongful death lawsuit?
While the answer is not always so cut and dry, in Texas, wrongful death beneficiaries are generally limited to the parents, spouse and/or children. To read more on the subject, see our page on wrongful death beneficiaries.
Do Dallas truck drivers have to follow any federal regulations?
A family has up to two years from the death of a family member to file a wrongful death lawsuit. This figure was laid down by the law and is part of the Texas statute of limitations. Cases brought to court after these two years have elapsed cannot be filed in most cases (there are a few exceptions to the rule), so it’s important to consult with a wrongful death attorney as soon as possible to increase your chances of getting both justice and compensation.
Just because you have two years, does NOT mean you should wait to start your case. Over time, evidence disappears, people move away, and memories fades. The longer you wait, the harder your case will be (and the less likely an attorney can help).
Am I allowed to sue an employer for a wrongful death accident?
You are allowed to sue an employer for a wrongful death accident as long as the employer did not subscribe to workers’ compensation.
Texas law allows employers to choose weather they participate in the workers’ comp program. If the employer DOES subscriber to workers’ comp insurance, you are NOT allowed to sue for a wrongful death (except in the case of gross negligence). Because of this lawsuit protection, many employers PRETEND to have this kind of insurance; however, the only way to tell for sure is to check with the Texas Department of Insurance. Call us at (214) 651-6100, and we will find out for you (for free).
What do I have to prove to get compensation for a wrongful death claim?
The law requires you to prove the following things when suing an individual or company over a wrongful death:
- That you are a statutory beneficiary of the individual who dies. This includes the person’s spouse, parents and children.
- The defendant’s wrongful or negligent act directly led to the deceased demise.
If you have a loved one who was a victim of negligence leading to wrongful death, get in touch with us so we can help you get justice and compensation. You can call us at (214) 651-6100 for your free consultation, or fill in the online contact form to send us an email.
When can I sue an ambulance company for wrongful death?
When a loved one dies following a car crash or other type of accident, family members may wonder whether there was anything that the emergency medical technicians and paramedics could have done to prevent the death. Paramedic and emergency medical technician (EMT) negligence is rare in Texas, but it does happen.
EMTs and paramedics are first responders whose jobs are to provide emergency treatment at accident scenes. EMTs are trained to check for life threatening conditions and perform lifesaving interventions until the patient can be brought to the hospital. In most cases, EMTs cannot administer medications.
A paramedic is an EMT with advanced life support training. Unlike an EMT, a paramedic can give shots and start intravenous lifelines. They are trained to use about 30 different medications.
An EMT/paramedic’s duty is to:
- Check for life-threatening conditions and treat symptoms in accordance with their training
- Prepare the patient for transport
- Provide safe and immediate transportation to the nearest a hospital or medical facility
- Take charge of the patient’s care until the ambulance arrives at the hospital
Examples of paramedic and EMT Negligence:
- Lack of proper EMT/paramedic certification
- Lack of proper training
- Failure to arrive at the scene in a timely manner
- Failure to adequately staff ambulances
- Failure to bring necessary life-saving equipment to the scene
- Failure to maintain ambulance equipment
- Misuse or improper use of medical devices
- Administering the wrong or inappropriate medicine or incorrect dosage
- Neglecting to take a patient history
- Failure to check airway, breathing, and circulation
- Acting beyond the scope of an EMT/paramedic
- Failure to create and preserve records of the incident
- Reckless or negligent driving
- Leaving the patient at the accident scene
- Physical or sexual assault
In Texas, EMTs and paramedics cannot be sued individually, but the ambulance companies or fire departments that they work for can be sued and held liable for ambulance malpractice. Families who lose a loved one because of ambulance malpractice may file a wrongful death claim for medical bills, funeral expenses, loss of support and companionship, and loss of future income.
For more information about medical malpractice lawsuits in Texas, request a free copy of Dallas wrongful death attorney Jeff Rasansky’s book, The Epidemic of Medical Mistakes & Understanding Your Rights.
If you believe that your loved one died because of the negligence of a Dallas EMT or paramedic, please contact the Dallas attorneys at the Rasansky | McKenzie Law by calling (214) 651-6100.
What is a wrongful death survival action?
When a person is injured due to the negligence of another person, they have the option of filing a personal injury claim. If that person dies before they’re able to bring that claim, what happens? Is the at-fault party now off the hook?
Well, if that were the case, that would set a horrible precedent. Fortunately, a personal injury claim does not die with the victim. Instead, a “survival action” is brought by a beneficiary of the decedent. A survival action allows the transfer of the personal injury claim to the deceased party’s beneficiary (typically a spouse, child, or parent). The benefit of a survival action is that it prevents the defendant from avoiding the consequences of the negligent action that caused the death of the injured party.
Then what’s a wrongful death claim, you ask? A wrongful death claim allows beneficiaries of the deceased to seek compensation for their related damages (e.g., loss of financial support), as opposed to the victim’s damages (e.g., pain and suffering, lost wages, etc). The survival action simply allows the estate to seek damages that the victim could have recovered if he or she had not died.