If someone’s negligence or recklessness caused the untimely death or a catastrophic injury of a loved one, this may entitle you to compensation in a wrongful death lawsuit or catastrophic injury case. Experienced wrongful death and catastrophic injury attorneys serving the people of Austin, TX, the team at the Dow Law Firm provides not only expert legal services but also tremendous compassion during your time of need. Losing a loved one or having them extremely injured is never easy, which is why we work on behalf of our clients while they try to handle this difficult period, one day at a time.
What Is Wrongful Death?
When someone’s life ends on account of another party’s negligence, the victim’s family can file a wrongful death lawsuit against the responsible party. Holding the responsible party accountable can provide justice and closure for the victim’s family. To obtain compensation, the victim’s family needs to prove that their loved one’s death was the direct result of another party’s negligence and that the responsible party failed their duty to act in a certain manner.
Holding the responsible party accountable can provide justice and closure for the victim’s family.
Common Causes of Wrongful Death
There are many potential causes of wrongful death, including:
- Car accidents: According to the National Safety Council, 2016 was the deadliest year in nearly a decade, with approximately 40,000 deaths occurring due to motor vehicle crashes. Drivers who fail to exercise caution, obey traffic laws, and remain mindful of other motorists can be liable in a wrongful death lawsuit.
- DWI: Drunk drivers take more risks and have a slower reaction time than sober drivers. If a driver kills someone while under the influence of drugs or alcohol, they can be held legally responsible.
- Motorcycle accidents: Many motorcycle accidents result in serious injury or death. If a motorcyclist is killed by a negligent or reckless driver, their family may be entitled to compensation.
- Pedestrian accidents: When pedestrians are struck by a vehicle while crossing the crosswalk, in a parking lot, on the shoulder, or on the sidewalk, they can suffer deadly injuries.
- Bicycle accidents: Hundreds of bicyclists die every year, often due to motorists turning left or right, veering into the bicycle lane, and opening car doors. Drivers who commit these acts can be held legally responsible.
- Truck accidents: Trucking companies and manufacturers have a duty to abide by federal and state regulations. If they fail to do so, they can be held legally responsible in a deadly truck accident.
- Construction accidents: Heatstroke, collapsing scaffolds, electrocutions, and vehicle accidents that occur while in reverse are some of the many preventable causes of construction site deaths. If construction site conditions are not safe, the employer or property owner can be found liable in a wrongful death lawsuit.
- Workplace accidents: Explosions, falls, burns, and equipment accidents cause numerous deaths each year, often on account of employers failing to provide a safe work environment.
Standard Damages in a Wrongful Death Lawsuit
In a wrongful death lawsuit, someone must have died on account of someone else’s negligence or harmful intent, and the death must have resulted in monetary suffering on the part of the surviving family members. Whether due to criminal behavior, occupational hazard, automobile accident, or other causes, the court may award damages to the spouse, children, or parents of the victim. Damages can include:
- Decedent’s lost wages (the money they would have earned)
- Loss of consortium (intangibles such as affection, companionship, and comfort)
- Medical and funeral expenses
- Loss of benefits, such as medical coverage
- Loss of inheritance
Catastrophic Injury Cases Concerning Spinal Cord Damage
In the United States, approximately 12,000 individuals suffer spinal cord injuries every year. Unfortunately, many of these accidents lead to sudden, permanent changes for the victims and their families. Spinal cord injuries can be devastating, causing immobility, paralysis, or death. Immediate medical attention is crucial following this type of injury, and the medical bills can accumulate quickly.
If the injury was caused by the negligence of another party, you may be eligible for compensation. A personal injury lawyer can assess your case and determine the best course of legal action for your specific situation.
To prove fault and seek compensation for a spinal cord injury, you will need to hire a personal injury attorney who can provide legal counsel and representation.
Common Causes of Spinal Cord Injury
Spinal cord injuries can occur from trauma or as a result of a medical condition. Causes of spinal cord injuries can include:
- Motor Accidents: Nearly half of spinal cord injuries each year are caused by automobile or motorcycle accidents. Speeding, driving under the influence, or not wearing a seatbelt can be contributing factors.
- Violent Acts: A gunshot or stab wound can damage the spinal cord, sometimes completely severing it.
- Falls: This is the most common cause of spinal cord injuries in people over the age of 65. Slipping in the shower or falling down a flight of stairs can result in serious damage to the vertebrae.
- Sports or Recreational Activities: Contact sports or any high-impact activity can result in serious injuries, including spinal cord damage.
- Tumors: If a tumor develops near the vertebrae, the pressure may press the spinal cord into surrounding tissues, resulting in chronic pain or paralysis.
- Diseases or Disorders: Conditions that cause inflammation or infection around the vertebrae can result in a spinal cord injury. These diseases may include polio, transverse myelitis, multiple sclerosis, and spina bifida.
Proving Fault in a Spinal Cord Injury Claim
To seek compensation for a spinal cord injury, you will need to hire a personal injury attorney who can provide legal counsel and representation and prove third-party liability. To successfully do this, your lawyer must demonstrate that:
- The spinal cord was injured
- The spinal cord injury is not due to a pre-existing condition
- The spinal cord injury occurred as a result of another party’s negligence or wrongful behavior
Contact an Austin Wrongful Death & Catastrophic Injury Attorney Today
If you or a loved one has been injured in a catastrophic injury or worse, don’t face the legal process alone. Trust the experienced Austin wrongful death and catastrophic injury attorneys at Dow Law Firm to guide you through every step and secure the compensation you deserve. Contact us today to schedule a consultation and learn more about how we can assist you.