In 2015 John represented the Arredondo family whose beautiful baby boy was killed when a 100-pound television fell from a flimsy AV cart. His groundbreaking work led to a confidential resolution of the case shortly before a jury trial. 2014-61223-1, Arredondo v. ACCO Brands Corp., County Court at Law No. 1, Nueces County, Texas.
Personal Injury Wrongful Death
Unfortunately, it is a reality that innocent victims are killed due to the negligence and recklessness of others. While nothing can replace a loved one, wrongful death claims can help ease financial burdens during times of hardship and loss and ensure the tragedy that happened to your family doesn’t hurt anyone else.
What is Wrongful Death?
A wrongful death claim is a lawsuit brought against a defendant accused of causing another person’s death through a negligent, willful, or wrongful act or omission. Should a criminal case prove unsuccessful, a wrongful death civil lawsuit can help victims recover financially from the responsible parties.
In any case where the plaintiff can prove the defendant directly caused the death of another due to its negligence or intentional act, the plaintiff should be able to maintain a cause of action for wrongful death. Wrongful death lawsuits can be brought against organizations, business entities, or government agencies responsible for an individual’s death.
Who Can File a Wrongful Death Lawsuit?
Surviving children, spouses, and parents are entitled to bring a wrongful death lawsuit in Texas; however, grandparents and siblings are not. Surviving children can file a wrongful death claim even if they are over age 18. Texas law does not specify which of the approved family members has to file the suit; and, the family can choose to file the suit together.
Texas law states that if surviving family members do not file a wrongful death suit within three months of a death, the executor of the deceased’s estate may file the claim on behalf of the estate.
Families and loved ones of wrongful death victims experience a immense amount of pain and are often left with unexpected financial burdens. Damages awarded in wrongful death suits could cover the following financial loads left to families and loved ones:
- Medical bills
- Funeral and burial expenses
- Lost wages and benefits
- Pain and suffering
While no amount of money can compensate you for the loss of a loved one, it can help alleviate stress and also hold the responsible party accountable for their actions.
Wrongful Death Attorneys
Due to the complex nature of wrongful death cases, an experienced and competent trial attorney is crucial to the success of the claim. The guidance and support of an attorney like John Flood to families and loved ones during hard times is necessary for navigating the uncharted waters associated with wrongful death claims. Families and loved ones of victims have already suffered enough due to the unexpected and sudden loss of a loved one. They should not have to suffer further due to inadequate legal representation. If a loved one was the victim of a wrongful death caused by the fault of another, contact us today.