The state of Texas recognizes that a wrongful death has occurred when someone is killed through the negligent, careless or unskilled actions of another. In most wrongful death cases filed in Texas, juries are permitted to seek punitive damages in cases where a person's wrongful death was caused by especially egregious actions. In other words, punitive damages are often awarded as a way to punish a party for his or her bad actions. Punitive damages also serve to act as a deterrent to similar future wrongful actions.
Readers of our blog already know that we don't think anyone should have to deal with paying medical bills and other damages when he or she is injured in an accident caused by someone else. While some of the injuries that might be suffered in an automobile accident might be minor, others can have a lasting impact on the victim's life. The same is true with injuries caused by defective products, including faulty medical devices, and medical malpractice or negligence.
The death of any loved one is a sadly unfortunate event for any family. Even more tragic is when a family member is prematurely killed as a result of a preventable accident. In addition to their grief, the untimely loss of a family member often plunges the victim's survivors into financial hardship. Many families have difficulty even paying for funeral and burial costs, not to mention the added difficulty of having to deal with ordinary household expenses with one less source of income.
Last week, we discussed the possibility of seeking exemplary damages in a wrongful death case. That information might have some of our Texas readers wondering exactly what it means when someone is suing for wrongful death or accused of wrongful death. A wrongful death claim has some very specific qualifications that must be met.
Under Texas state law the surviving spouses, children and parents of a person killed by a wrongful act are entitled to sue the responsible party for compensation. Texas defines a wrongful act as something which causes the death of another by means of negligence, carelessness unskillfulness or default.
Officials from the Texas Department of Public Safety have said that a woman died in an accident on Sept. 8 in which her car was hit by a truck. The crash happened on State Highway 114. In the wake of the accident, the road had to be closed to traffic for a few hours.
Driving a motorcycle is a dangerous task under the best of conditions. When a person is driving a motorcycle on a busy interstate that has construction projects being completed, the danger is increased. In those cases, the motorcycle riders are placing more trust in other drivers and the construction crews to make sure they are safe. A recent accident in Houston shows that placing that trust in others is sometimes a bad idea.
Going to the mall isn't something that most people would think of as being dangerous. In fact, most people expect that malls will have security guards on hand to help keep patrons safe. While that does happen in most cases, there are some horrible cases in which the mall doesn't provide adequate security. Sadly, a man was killed in an accident that a recent Texas lawsuit alleges is the result of improper security.
People who are driving on the roadways have to be aware of everything that is going on around them. Simply watching the other vehicles on the roadway isn't enough to ensure that no accidents happen. When you add in driver impairment, the safety level is further diminished. A recent lawsuit filed in Galveston County District Court shows how failing to drive safely can turn into a tragic situation.
Ordering a pizza for delivery is something that most people do without a second thought. In most cases, the pizzeria will give an estimated time for delivery. Once the pizza is made, it is up to the delivery driver to make sure that the pizza makes it to your door within the expected time frame. In some cases, trying to hurry up to meet that delivery window can make drivers do things they wouldn't normally do. For one Texas couple, a delivery driver rushing to make a delivery ended up causing a horrific accident.