Wrongful Death: What is it and Why Seeking an Attorney is Vital

Barrera Law Firm Wrongful Death
If someone you know has died wrongfully, call The Barrera Law Firm for a free consultation

An area that our law firm services is the area of wrongful death. Wrongful death is the unfortunate occasion where someone dies because of the negligence of another. Whether it happened at work, whether it happened on their way to work or whether it happened in some other unfortunate circumstance, anytime somebody dies because of the negligence of another that is wrongful in Texas, our firm will advise whether there is a wrongful death case that we can assist you with. People, families, individuals who have any relation to the deceased person may be included in the recovery. The estate of that person can make a claim on the insurance company, on the individual themselves, for their actions. They will have to take responsibility for their actions and if possible, answer in the court of law.

The type of damages that are available in wrongful death can be anywhere from punitive damages to economic damages to compensatory damages. Anything that the person should have been entitled to or could have been entitled to may be entered upon this, and if there is gross negligence or acts that are highly reckless the court can also consider additional damages to compensate for as well.

If wrongful death occurs when a person is at work, the area where the person is at work may be liable for damages. It is important to see an attorney regarding what kinds of damages are available to the estate of that deceased person. It is in fact necessary for that person to move immediately in order to preserve any evidence that is associated with wrongful death. Often and occasionally, unfortunately, some evidence can be spoiled or can be not preserved and not available for later action. If you get an attorney involved quickly, that attorney can put that organization on notice and if the court decides that the entity was put on notice then that organization cannot just use the excuse conveniently in court that the evidence isn’t available. The jury may have to assume the worst possible scenario in the absence of that evidence.

Wrongful Death vs. Survival Action

Barrera Law Firm Wrongful Death
If someone you know has died wrongfully, call The Barrera Law Firm for a consultation

You may know that if a person dies as the result of a personal injury, his or her estate can bring a wrongful death lawsuit. But are you aware of the legal procedure called a survival action?

Wrongful death and survival statutes
In Texas, when someone dies as a result of someone else’s negligence, wrongful acts or defective products, two laws exist to allow for actions to help families become whole again.

One is the Texas Survival Statute, which is so named because it allows a personal injury lawsuit to “survive” the death of a person. The other, called the Wrongful Death Act, allows a surviving spouse, children and parents of the deceased to bring about legal action. The deceased may be any person including a child not born alive.

How the laws work
A survival action is prosecuted in the same manner as an ordinary personal injury lawsuit. Damages – such as lost wages, medical bills, property damage, funeral expenses – are available under this statute. Recovery is offered as part of the deceased’s estate.

In wrongful death suits, beneficiaries can recover personally for the damages they incur as a result of the loss of their loved ones and not the actual injuries sustained to the deceased as in a survival action. The law is strictly construed to only allow recovery for the surviving spouse, children and parents of the deceased.

Prosecuting a wrongful death case
In many cases, a beneficiary of a wrongful death action and a survival action may be the same and two lawsuits may be brought for the same injurious conduct. In any wrongful death case, what can be recovered depends on a number of factors, including attempts to place a monetary value on both tangible and intangible benefits that were lost upon the death of your loved one.

In all wrongful death cases, it is important to seek the advice of an attorney as soon as possible after an injury has occurred. This is because the law only provides a short period of time – called the limitations period – after an accident to bring a lawsuit.

At the Barrera Law Firm, we will work hard to ensure that the passing of a loved is given as much attention and respect possible. Contact us today for a free consultation and let us help you get the compensation you deserve!

Pharmaceutical Litigation Lawyer

Birth defectsMillions of people swallow prescription drugs daily in the U.S., and many have lost their lives as a result. At the Barrera Law Firm, we are well-versed in what it takes to get justice for those harmed by pharmaceutical products and we have the dedication it takes to see your case through to the finish.

Infant Death and Birth Defect Cases

At the Barrera Firm we are continually helping more and more clients who have had a baby or child injured or killed by certain psychoactive medications. Birth defects, seizures, problems with pre-term labor, delayed infant development, increases in “SIDS” and heart defects and PPHN or Primary Pulmonary Hypertension of the Neonate are all becoming increasingly common among today’s children as the number of women taking psychiatric drugs during pregnancy has risen.

Tragically, many mothers were not given access to accurate risk information from drug companies before their doctors prescribed what was once considered “safe” for nursing moms to help with Post-Partum Depression or Anxiety. These medications can seriously put nursing infants and babies from future pregnancies at risk. It has even become common for doctors to try to prevent certain psychiatric conditions by giving prescription psychiatric drugs to pregnant mothers, and it is the babies who have suffered the most.

Yet, drug makers have known longer than they have let on that these risks existed and they chose not to tell the public about many of the dangers.

Even if your case seems impossible you should investigate until you get answers. No child’s death or birth defect should be excused where the multi-billion dollar drug companies are concerned. We will help you obtain justice for your child.

Suicide and Wrongful Death

In 2004 the FDA began warning patients that certain antidepressants can cause suicide. A warning about homicidal ideation was later added to some drug labels. If you have lost a loved one to suicide or violence you feel may have been caused by a psychiatric drug, you may have a case. Call us at (956) 428-2822 to have your situation evaluated.

Having trouble finding a lawyer?

Many attorneys won’t take a case against a drug manufacturer unless it is an open-and-shut, easy win that will bring a quick settlement. Even if you’ve been turned away by other lawyers in the past, that does not mean your case has no merit. It could be that the lawyer you consulted was looking for a very specific type of client, or did not have adequate knowledge of drug side effects to understand the theories necessary to win your case. Do not give up! Call us for a case evaluation at (956) 428-2822.

Protecting the Smallest Car Passengers

Protect your and your child's rightsNobody needs to tell you that children are especially vulnerable when they are riding in automobiles.  But did you know that according to data the National Health and Transportation Safety Administration (NHTSA) collected in 2008,  motor vehicle accidents are the leading cause of death for children between the ages of three to 14?

Unfortunately, the numbers haven’t improved.  So in 2011, the agency updated their child restraint guidelines to curb this trend.  The new guidelines say that manufacturers need to categorize child restraints “by age rather than by type of child seat in order to keep pace with the latest scientific and medical research and the development of new child restraint technologies.”

They also say that parents should make their child restraint choices based upon a child’s height and weight to ensure the best possible fit.  The guidelines further advise that mothers and fathers keep their children in each restraint type before “graduating” them to the next type of seat. The worst thing parents can do is move a child into a new safety device before that child is ready.

While choosing the proper restraint for a child is essential, it’s equally important that parents are careful about how they put their children in the device they’re using. According to the Centers for Disease Control (CDC),  “one study found that 72% of 3,500 observed car and booster seats were misused in a way that could be expected to increase a child’s risk of injury during a crash.”

The Mayo Clinic has observed six mistakes that well-meaning parents often make when putting or securing their children in automobiles. They include:

  •  using child car seats as cribs
  •  being unaware of the potential risks a used child seat may have (it may have been recalled by the manufacturer, for example)
  • placing the child car seat in the wrong position or spot in the car
  • moving a child to a booster seat too soon
  • moving a child to regular safety belts too soon
  • dressing a child in bulky clothing or outerwear that can interfere with the degree of protection harness straps can offer

Your children are dependent on you and the decisions you make. If your child gets injured or worse despite the precautions you take and as a result of another person’s negligence behind the wheel, then you need to act quickly to protect your child’s rights as well as your own. The Barrera Law Firm specializes in car accident, personal injury and wrongful death suits and our attorneys have proven track records of success. When you and your child need expert legal defense, count on us.

Photo credit: FreeDigitalPhotos.net