wrongful death

O'Hare Blog

Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.


Do I Have a Wrongful Death Lawsuit?

dallas wrongful death attorney

by Dallas Wrongful Death Attorney, Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn  & YouTube

Wrongful death lawsuits are regularly associated with medical cases where there is a claim of negligence in the death of a patient. But wrongful death cases can come from a car or trucking accident, on-the-job death, a defective product or a host of other scenarios.

In order to determine if a wrongful death lawsuit exists, we must first understand the laws regarding injury accidents and death due to negligence. Unfortunately, this is not a simple task as the laws can be confusing, at best.

There is  no amount of money that could ever fully compensate a family member for the loss of a loved one. However, when one person’s death can be attributed to the negligence of another individual, corporation or other entity, survivors of the victim may be entitled to monetary damages and can sue the negligent party in a wrongful death lawsuit.

Laws applying to wrongful death cases often vary from one state to the next, but in a wrongful death case in the state of Texas, only spouses, children or parents of the decedent are eligible to recover damages in a lawsuit. There is one exception:  the executor or personal representative of an estate can bring a case for the damages suffered by the decedent to pass that money on to the decedent’s heirs. In Texas, the statute of limitations in wrongful death cases is two years. If more time has passed since the death occurred, a wrongful death suit cannot be filed in most circumstances.

In order to win a wrongful death lawsuit, four elements must exist:

  1. The death was caused by the conduct of the defendant;
  2. The defendant was negligent or reckless with the victim’s wellbeing;
  3. The defendant owed a duty to the victim; and
  4. Damages have resulted from the death (this one is obvious if the other elements are met.)

Plaintiffs in a wrongful death suit (spouse, children, parents and/or a representative of the decedent’s estate) may be awarded two types of damages: compensatory and punitive damages. Compensatory damages may be awarded to cover medical and funeral expenses, loss of future income or support and grief or loss of companionship. The intent of punitive damages is to punish a defendant for gross negligence. As such, punitive damages are awarded by a jury based on the defendant’s actions leading up to the death.

Have you lost a loved one as a result of what you believe to be the negligence of another person or entity? Death due to a car accident, motorcycle accident, construction accident, job injury or another negligent or reckless situation may constitute wrongful death. Contact the experienced legal team at The Law Offices of Tim O’Hare today. We will guide you through your options, pursue a wrongful death claim if warranted and ensure you receive all due compensation for your loss.  

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /June 22, 2019 /Blog, Dallas Personal Injury Attorney, Medical Malpractice, wrongful death /0 Comment Read More

Do I need a personal injury lawyer?

by Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

personal injury lawyer, personal injury attorney, Dallas personal injury lawyer, Dallas personal injury attorney, Tim O'HareIf you have been injured as the result of a car accident, a defective or recalled product, a fall or injury at work or on another person’s property, you may face a long legal battle to receive any due compensation for your injury.

Navigating the maze of insurance laws and dealing with insurance companies is often a frustrating and anxiety-filled ordeal, and yet, many people assume they can handle their injury claim on their own, without the help of an attorney.

There are many reasons one might need to hire a personal injury lawyer, here are a few examples of common personal injury claims:

Motor vehicle accident — If you are injured or lost a loved one in a motor vehicle accident such as a car, bus, boat, or motorcycle accident that was caused by another person, perhaps due to drunk driving or distracted driving, you may be entitled to a personal injury claim. A lawsuit may help you recover compensation for lost wages, medical expenses and/or loss of companionship, for example.

Wrongful death —
Have you lost a loved one due to the negligence of another person? If so, you may be entitled to make a wrongful death claim. Surviving beneficiaries of the deceased, including the surviving spouse, children and parents may be able to file a wrongful death claim.

Injury suffered on another person’s property —
If you have suffered an injury while on another person’s property, you may have grounds to make a premises liability claim. Premises liability cases, like many other personal injury cases, can be complicated, as it has to be proven that the property owner was negligent and the injury suffered was a result of that negligence.

Injury suffered by a defective or recalled product —
Products liability is another common category of personal injury cases, as thousands of product recalls are issued every year on items determined to be of potential danger to consumers.

Medical Malpractice —
Have you experienced illness or injury as a result of a doctor or medical professional’s negligence? Mistakes made by medical professionals due to negligence can result in serious injury or even death. Medical malpractice cases can be especially challenging without an experienced personal injury attorney.

How a personal injury lawyer can help you

Hiring a personal injury attorney for any of the reasons listed above should not be considered an unnecessary expense. Doing so can pay back multiple dividends, decreasing your stress level and helping you recover more money than you ever could on your own to help you pay for medical bills, recover your lost wages and be compensated for your pain, hassle and scarring.

Here are several practical ways a personal injury lawyer can save you time, money and frustration:

Avoid the hassle of dealing with the insurance company. Insurance adjusters can be tricky. They often strive to get individuals to settle for far less than what they are entitled to. A personal injury attorney will work for you, dealing with insurance companies and the law, to ensure you are treated fairly and receive what the law says you are due.

A personal injury lawyer will be familiar with all the laws pertaining to your case. Laws that often vary by state, but an experienced attorney will know your state’s laws and how the laws affect your case. They will also have the necessary knowledge to help you receive fair compensation. If your case for any reason needs to be disputed in court, a personal injury attorney will provide the best representation to handle your case.

Hiring a personal injury lawyer allows you to focus on your own healing rather than being consumed by your case. Being injured in a car accident or in a work-related accident can be life changing. Don’t take on the unnecessary burden of dealing with the insurance companies on your own. Hire an experienced personal injury attorney to focus on your case so that you can focus on yourself.  While it may seem costly at first, it will pay off in the end when you receive the full amount owed to you, rather than only a portion of that, which is likely what you would receive if working without an attorney.

If you have been injured in a car accident, suffered injury on another person’s property, or suffered an injury through no fault of your own in another manner, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you in your time of need and make sure you are not taken advantage of.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 


972-960-0000 or Toll-Free 888-960-0020

 

 

By : Tim O'Hare /May 28, 2014 /Blog, Dallas Personal Injury Attorney, Medical Malpractice, wrongful death /0 Comment Read More

Texas ranks third in Taser-related deaths

by Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

taser, police taser, taser deaths, Texas taser deaths, personal injury attorney, Dallas personal injury attorney, personal injury lawyer, Dallas personal injury lawyer, Tim O'HareTexas ranks third in the nation, behind California and Florida in Taser-related deaths, according to Amnesty International. Between 2001 and 2012, more than 500 people in the U.S. died after being shocked with a Taser during arrest or while in jail. Thirty-seven of those deaths were in Texas.

A Taser gun discharges 50,000 volts of electricity into a person, which overrides the central nervous system causing uncontrollable muscle contractions. If the volts hit near a vital organ, such as the person’s heart, the shock can lead to serious injuries or death.

Last fall, five police departments in North Texas — Mansfield, Richland Hills, Crowley, Murphy and Burleson — discontinued the use of Tasers by officers in their departments. While it wasn’t made clear by these departments why they dropped Tasers from their list of equipment used, it is suspected that the departments did so to prevent a lawsuit following a person’s injury or death due to the Taser.

In January 2013, police in the city of Marshall, Texas shocked a man seven times with a Taser. Marcus Slade, who was 32-years-old, died from his injuries. His family has filed a suit against the city, its police chief at the time and several police officers for what the suit claims was excessive force by police officers.

A disclaimer issued by Taser International warns of death or serious injury if the product is not used correctly. Sadly, the use of Tasers by police officers has resulted in nearly 40 deaths in the state of Texas. While that disclaimer is used to protect Taser International from lawsuits, last year the company paid out $2.3 million in settlements to plaintiffs who sued the company.

The use of a Taser to subdue a suspect during an arrest or an unruly jail inmate should be considered a last resort, rather than something used flippantly or without a great deal of caution.

If you have suffered a serious injury or if you have lost a loved one as the result of Taser use, contact contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /March 27, 2014 /Blog, Dallas Personal Injury Attorney, wrongful death /0 Comment Read More

Why Hire an Attorney in a Personal Injury Case

by Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, and LinkedIn.

If you have ever dealt with an insurance company following an accident, or regarding medical issues, you know how difficult it can be. For the insurance company, it’s all about the bottom line. As a result, adjusters often attempt to get individuals to settle for far less than what they are entitled to.

Personal injury attorneys are often misrepresented in television ads and billboards around town that promise a “get rich quick” scenario. These ads represent only a small fraction of personal injury attorneys. A personal injury lawyer with integrity will put your needs first, working for you, dealing with insurance companies and the law, to ensure you are treated fairly and receive what the law says you are due.

Hiring a personal injury attorney when you’ve been injured in an accident is not simply another unnecessary expense. Doing so will likely pay for itself many times over, decrease your stress level and help you get money from the insurance company or party at fault to pay for expensive medical bills and reimburse you for lost time from work.

A reputable lawyer who handles personal injury cases will be familiar with all the laws pertaining to your case, laws that often vary by state. They will also have the necessary knowledge to help you receive fair compensation. If your case for any reason needs to be disputed in court, a personal injury attorney will provide the best representation to handle your case.

Personal injury attorneys work with clients who have experienced injury due to a number of reasons, as well as family members who have lost loved ones, also known as a wrongful death case. Do you think you might have a case for a personal injury attorney?

Have you:

  • Lost a loved one due to the negligence of another person? If so, you may be able to file a wrongful death lawsuit.  A wrongful death suit can be filed by surviving beneficiaries of the deceased. This includes the surviving spouse, children and parents. Learn more about wrongful death and how to hire the right lawyer for your wrongful death case.

  • Been injured in a car, truck, motorcycle, bicycle or pedestrian accident?  A personal injury attorney can help you recover financial losses due to medical bills and lost wages.
  • Suffered an injury on someone else’s property? If so, it may give you grounds to file a premises liability claim. Premises liability cases, like many other personal injury cases, can be complicated, as it has to be proven that the property owner was negligent and the injury suffered was a result of that negligence.
  • Been injured by a defective or recalled product? Products liability is another common category of personal injury cases, as thousands of product recalls are issued every year on items determined to be of potential danger to consumers.
  • Experienced illness or injury as a result of a doctor or medical professional’s negligence? Mistakes made by medical professionals due to negligence can result in serious injury or even death. Medical malpractice cases are practically impossible to pursue without an experienced personal injury attorney.

If you think you may have a case for a personal injury attorney, contact The Law Offices of Tim O’Hare for a free initial consultation with an experienced personal injury attorney.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 


972-960-0000 or Toll-Free 888-960-0020

 

By : Sasha Miller /February 18, 2013 /Dallas Personal Injury Attorney, wrongful death /0 Comment Read More

Top 10 Most Dangerous Jobs in America

by Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, and LinkedIn.

Reports of work-related injuries are on the decline over the last year — in 2011, 4,609 workers in the United States were killed on the job. That equates to nearly 13 deaths every day for American workers. That number is down from 4,690 in 2010 (OSHA.gov). According to the Occupational Safety and Health administration, the “Fatal Four” work related accidents are: falls, electrocutions, struck by an object and caught in or between something.

The U.S. Department of Labor recently released this list of the top 10 most dangerous jobs in America. Is your job one of them?

  1. Fisherman: Fatality rate of 121.2 per 100,000 workers. There were 40 fisherman deaths last year.
  2. Loggers: Fatality rate of 102.4 per 100,000 workers. There were 64 logger deaths last year.
  3. Airplane Pilots: Fatality rate of 57 per 100,000 workers. There were 72 fatalities last year. Alaska has the most dangerous skies for pilots.
  4. Sanitation Workers: Fatality rate of 41.2 per 100,000 workers. Thirty-four sanitation workers died last year.
  5. Roofers: Fatality rate of 31.8 per 100,000 workers. A reported 56 roofers died on the job last year from falls, electrocutions, chemical exposures and hoisting accidents.
  6. Ironworkers: Fatality rate of 26.9 per 100,000 workers. Sixteen ironworkers were killed on the job last year.
  7. Famers and Rangers: Fatality rate of 25.3 per 100,000 workers. Last year, 260 farmers and rangers died on the job.
  8. Truckers and Deliverymen: Fatality rate of 24 per 100,000 workers. Trucking had the highest death toll for any occupation last year — 759 truckers died on the job.
  9. Electrical Power Linemen: Fatality rate of 20.3 per 100,000 workers. Twenty-seven power linesmen died last year.
  10. Taxi Drivers: Fatality rate of 19.7 per 100,000 workers. According to the Labor Department, 63 cab drivers died on the job last year.

If you have suffered illness or injury at work, you may be entitled to substantial money damages. Monetary damages you may be able to recover include any medical expenses you incurred as a result of the workplace injury, including doctor and hospital bills, medications, therapy and other related medical expenses as well as expected future medical expenses. You may also be entitled to receive payment for pain and suffering, mental and emotional anguish, lost wages and benefits, future earnings and diminishment of enjoyment of life due to your injury. Spouses of the injured may also be entitled to collect damages for the loss of pleasure or companionship.

In cases where a workplace injury was the result of gross negligence on the part of another individual or entity, such as an employer or manufacturer, you may be able to collect punitive damages to punish the wrongdoer and to prevent the misconduct from being repeated in the future.

A professional who will take extreme care with the case should handle personal injury suits for workplace injuries. There are many details and intricacies with work-related injury cases. If you have been injured while working, you need an experienced and aggressive personal injury lawyer who understands the laws regarding workplace injuries and workers compensation and will work to ensure you receive everything you are entitled to.

The Law Offices of Tim O’Hare has represented clients against employers, manufacturers and other defendants who have caused workplace injuries, and we successfully handled numerous cases. We know which medical experts and occupational experts you will need, and our personal injury attorneys will stick with your case no matter how long it takes to come to a successful resolution.

If you have suffered an injury while on-the-job, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 972-960-0000 or Toll-Free 888-960-0020

By : Sasha Miller /October 16, 2012 /Dallas Personal Injury Attorney, wrongful death /0 Comment Read More

Understanding wrongful death and how The Law Offices of Tim O’Hare can help

by Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, and LinkedIn.

The laws regarding the death of a person due to negligence can be confusing. If someone dies as a result of the negligence of another person, how can justice be served when that person is not alive and able to receive compensation?

 

Though no lawsuit can come close to fully compensating survivors for the death of a loved one, when an individual dies as a result of the negligence of another person, the victim’s survivors can sue the party at fault in a wrongful death lawsuit, and they are entitled to monetary damages.

 

A lawsuit may be brought by someone on behalf of the estate of the deceased, as well as by the surviving spouse, surviving children, natural or adopted, and surviving parents. Laws regarding wrongful death have not always offered survivors the ability to recover damages, but over the years, laws have been passed in the United States that allow for compensation to the survivors for damages resulting from the death of their loved one.

 

In order to make a wrongful death claim, these four elements must exist:

 

  1. The Defendant(s) owed a duty to the deceased;
  2. The Defendant(s) breached that duty;
  3. As a result of the breach, the death was proximately caused by the Defendant(s); and
  4. Damages have resulted from the death (which is a given in a death case).

 

There are two types of damages that can be awarded to plaintiffs in a wrongful death suit: compensatory and punitive damages.

 

Compensatory damages can be awarded to the plaintiff to cover medical and funeral expenses, loss of future income or support, and grief or loss of companionship. Punitive damages, however, are intended to punish the defendant for Gross Negligence and serve as a deterrent to others acting that way in the future.

 

As with many legal claims, there is a statute of limitations of two years for wrongful death cases in Texas.  Statutes vary from state-to-state. If it has been more than two years since the death occurred, a wrongful death suit cannot be filed. There are also limitations regarding who is eligible to file a wrongful death suit; survivors must be a spouse, children, dependents or beneficiaries of the deceased.

 

As with any legal claim, wrongful death suits can be complicated. If you have lost a loved one due to negligence, or have questions about whether there was negligence involved in the death, call us. The experienced legal team at The Law Offices of Tim O’Hare will guide you through the process, compassionately, and ensure you get everything you deserve.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 
972-960-0000 or Toll-Free 888-960-0020

By : Sasha Miller /May 22, 2012 /Dallas Personal Injury Attorney, wrongful death /0 Comment Read More

National Heart Health Month: Medical Malpractice & Heart Attacks

by Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, and LinkedIn.

Heart disease is the leading cause of death worldwide. In the U.S., half a million people die from heart attacks each year. Sometimes, a heart attack is entirely preventable with proper medical care. To prevent heart attacks, however, doctors must know the signs of a heart attack as well as every symptom a patient presents with, and consider whether or not it’s potentially a sign of heart disease.

If a doctor fails to properly diagnose heart disease that leads to a heart attack, it can be medical malpractice in the form of negligence. “Failure to treat” is one form of medical malpractice in which negligence on the part of a doctor regarding diagnosis of illness or disease results in failure to treat that illness. When illness or disease goes untreated, it could be fatal for that patient. Doctors have a duty to their patients to diligently work to diagnose and provide proper treatment for illnesses. When a doctor fails to diagnose or treat an illness or disease that leads to further illness or even death, it is grounds for a medical malpractice lawsuit.

After we receive a call in which someone suspects medical negligence led to a heart attack, the next step is to determine how the heart attack could have been prevented. If a patient suffered a heart attack that could have been prevented had a doctor properly diagnosed symptoms or illness, but failed to do so, that doctor is at fault. If it is determined that a medical professional is at fault, they are legally responsible to pay for damages. This could include medical expenses, lost wages, pain and suffering, and in the case of death, payment for wrongful death.

Doctors have the difficult task of diagnosing and treating illness in their patients, and taking necessary actions to prevent further illness, infection or death. In the case that a doctor misdiagnoses or mistreats an illness, thus leading to further illness or death, it could be deemed medical malpractice due to negligence.

Medical malpractice claims can be complicated. We only take on medical malpractice cases that involve severe injury or death. If you have experienced what you believe to be medical malpractice, contact The Law Offices of Tim O’Hare for a free initial consultation with an experienced personal injury attorney. Call us at 972-960-0000 or Toll-Free 888-960-0020.

By : Sasha Miller /February 16, 2012 /Medical Malpractice, wrongful death /0 Comment Read More

Commit to Safe Driving in 2012

By Tim O’Hare

Follow The Law Offices of Tim O’Hare on FacebookTwitter, and LinkedIn.

More than 15 people a day are killed in car accidents caused by a distracted driver, and more than 1,200 people a day are injured in a distracted driving accident.

Texting while driving is a leading cause of distracted driving accidents, and the number of accidents caused by a driver who was texting or using their phone while driving increases dramatically each year.

According to the AAA Traffic Safety Culture Index, 52% of people feel driving is less safe now than it was five years ago, and half of those cite distracted driving as the main reason they don’t feel safe driving. Although the use of hands free cell phones is becoming more popular, two in three drivers admit to talking on their hand-held cell phone while driving in the past month, and one in three say they do so regularly.  One in four drivers admit to texting or emailing on their cell phones while driving.

A 2009 study found that individuals who text while driving spend 400% less time looking at the road compared to non-texting drivers. Other research has shown that the risk of crashing while text messaging and driving is more than double that of talking on the phone and driving.

While many states have outlawed the use of cell phones while driving, Texas has not. The current laws in Texas prohibit the use of hand-held devices in active school crossing zones, for intermediate license holders for the first 12 months and bus drivers when a passenger under 17 is present.

If these statistics aren’t convincing enough, take a few moments to watch this 10-minute documentary. The Last Text, released by AT&T as part of its “It Can Wait” campaign, shares the stories of real people whose lives have been tragically affected by texting and driving. Seeing the faces of individuals whose lives have been lost, and the text messages they were reading or typing when they crashed may be more powerful than any number of statistics.

Now is the perfect time for us to resolve that 2012 will be different.

Take a moment to consider your own driving habits. Be honest with yourself.

  • Have you used your cell phone while driving in the last week?
  • Have you sent or read a text message while driving in the last week?
  • Have you checked or updated Facebook or Twitter while driving in the last week?
  • Can you recall a “close call” that happened when you were distracted by your cell phone?

If you can honestly answer yes to any of these questions, the statistics in this article are for you. Please don’t consider yourself invincible. It may be only a matter of time before you are involved in an accident caused by text messaging. But you don’t have to be.

Make this your New Year’s Resolution: Commit to putting your cell phone down while driving and giving your undivided attention to the road and traffic around you.

If you have been seriously injured or lost a family member in an accident caused by distracted driving, contact The Law Offices of Tim O’Hare to speak with a Dallas personal injury attorney.

By : Sasha Miller /January 03, 2012 /Dallas Personal Injury Attorney, wrongful death /0 Comment Read More

When to Hire a Personal Injury Attorney

By Tim O’Hare

You’ve likely seen a few commercials on TV for personal injury attorneys, but do you know when or why you should hire a personal injury attorney?

A personal injury attorney should work to help you recover financial losses due to illness or injury caused by a number of difference factors. An attorney with integrity will have your best interest in mind and will work tirelessly to be certain you receive all you deserve.

Personal injury attorneys work with clients who have experienced injury due to a number of reasons, as well as wrongful death. Do you think you might have a case for a personal injury attorney?

Have you:

  • Lost a loved one due to the negligence of another person? If so, you may be able to file a wrongful death lawsuit. A wrongful death suit can be filed by surviving beneficiaries of the deceased. This includes the surviving spouse, children and parents. Learn more about wrongful death and how to hire the right lawyer for your wrongful death case?
  • Been injured in a car, truck, motorcycle, bicycle or pedestrian accident, a personal injury attorney can help you recover financial losses do to medical bills and lost wages;
  • Suffered injury on someone else’s property? If so, it may give you grounds to file a premises liability claim. Premises liability cases, like many other personal injury cases, can be complicated, as it has to be proven that the property owner was negligent and the injury suffered was a result of that negligence.
  • Been injured by a defective or recalled product? Products liability is another common category of personal injury cases, as thousands of product recalls are issued every year on items determined to be of potential danger to consumers.
  • Experienced illness or injury as a result of a doctor or medical professional’s negligence? Mistakes made by medical professionals due to negligence can result in serious injury or even death? Medical malpractice cases can be especially challenging without an experienced personal injury attorney.

If you think you may have a case for a personal injury attorney, contact The Law Offices of Tim O’Hare. If you have been injured in a car accident, or suffered injury on someone else’s property, or been injured in some other manner where another was at fault, contact The Law Offices of Tim O’Hare for a free initial consultation with an experienced personal injury attorney. Call us at 972-960-0000 or Toll-Free 888-960-0020.

By : Sasha Miller /December 21, 2011 /Dallas Personal Injury Attorney, Medical Malpractice, wrongful death /0 Comment Read More

Understanding "Wrongful Death"

By Tim O’Hare

There are, unfortunately, times when individuals die as a result of negligence of another person. As a result, the victim’s survivors can sue the party at fault in a wrongful death lawsuit, and they are entitled to monetary damages as a result of the negligent conduct.

Unlike a negligence lawsuit or a claim of medical malpractice, wrongful death can only be claimed when a person dies as a result of negligence. Originally the law did not offer this provision for the survivors of the deceased individual, but over the years, laws have been passed in the United States that provide compensation to the survivors for damages resulting from the death of their loved one.

There are four elements that generally must exist in a wrongful death claim.

  1. The death was caused by the conduct of the defendant.
  2. The defendant was negligent or reckless with the victim’s well-being.
  3. There are survivors of the deceased (spouse, children, beneficiaries or dependents) who are eligible to receive compensation.
  4. Monetary damages have resulted from the death.

There are two types of damages that can be awarded to plaintiffs in a wrongful death suit: compensatory and punitive damages.

Compensatory damages can be awarded to the plaintiff to cover medical and funeral expenses, loss of future income or support, and grief or loss of companionship. Punitive damages, however, are intended to punish the defendant for their negligence, and are awarded by a jury based on the defendant’s actions leading up to the death.

As with many legal claims, there is a statute of limitations of two years in wrongful death cases. If it has been more than two years since the death occurred, a wrongful death suit cannot be filed. There are also limitations regarding who is eligible to file a wrongful death suit; survivors must be a spouse, children, dependants or beneficiaries of the deceased.

As with any legal claim, wrongful death suits can be complicated. If you have experienced what you believe to be the wrongful death of a loved one as a result of medical malpractice, negligence or reckless actions by another individual, contact  The Law Offices of Tim O’Hare for a free initial consultation with an experienced personal injury attorney. Call us at 972-960-0000 or Toll-Free 888-960-0020.

By : Sasha Miller /July 27, 2011 /Dallas Personal Injury Attorney, wrongful death /0 Comment Read More
  • CONTACT INFORMATION:

    Office: 972-960-0000
    Toll Free: 888-960-0020
    Fax: 972-960-1330

    attorney@oharelawfirm.com

    Principal Office
    1038 Elm Street
    Carrollton, Texas 75006
    Directions

    Hours by Appointment Only
    2711 Valley View Lane, Suite 107
    Dallas, Texas 75234
    Directions

     

    Tim O’Hare is a member of: Multi-Million Dollar Advocates Forum, Million Dollar Advocates Forum, Texas Bar Association, Dallas Bar Association, Christian Legal Society

    AV Preeminent logo Distinguished logo

    CONNECT WITH US ON:

    • LinkedIn icon
    • Facebook icon
    • Twitter icon
    • YouTube icon


    The Law Offices of Tim O'Hare, Attorneys & Lawyers, Carrollton, TX