Texas has a huge number of dangerous jobs and industries that put employees at risk. Sadly, that risk is often increased by a lack of workplace safety. When employers have unrealistic expectations that endanger worker safety, fatal accidents are often the result. In this situation, certain surviving relatives may be entitled to pursue a wrongful death lawsuit against the negligent employer.
Successfully holding employers liable via a Texas wrongful death suit requires understanding your rights, what forms of damages you may be entitled to, and working with a skilled Texas wrongful death attorney from Parks Law, PLLC.
Employers Can Be Liable for Dangerous Working Conditions
Texas is among the leading states for workplace fatalities in the U.S. When someone dies, their loved ones have the right to hold those employers accountable for the role they played in the death. Companies can contribute to workplace fatalities by failing to uphold safety regulations.
Adherence to proper safety protocols is usually all it takes to avoid these tragic situations, but when companies prioritize profit margins over employee safety, it can lead to wrongful deaths in the workplace.
When a corporation’s negligence causes or contributes to a death, the victim’s family can bring a lawsuit against that corporation. This lets the family of the deceased bring the company to book for its actions and collect compensation to help alleviate some of the financial hardships they may be facing. Although money is a poor substitute for the life of your loved one, legal action is the first step toward closure for many.
Filing a Wrongful Death Lawsuit Against a Texas Employer
Texas law states that families who have lost someone in a fatal workplace accident are entitled to take legal action against the employer. In other words, if the victim could have filed a personal injury suit had they lived, then a legal representative or surviving family member can bring a claim on their behalf.
To prove negligence in a Texas wrongful death lawsuit, four components have to be proven. They are:
- Duty: The employer has a duty to their workers to maintain a safe working environment and enforce effective safety procedures to prevent employee injuries.
- Breach: The employer breached this duty by failing to take basic safety precautions on the jobsite.
- Causation: The employer’s action or inaction was the cause of a fatal workplace accident
- Damages: If found at fault, the employer must compensate surviving family members for the loss they caused.
Working with a qualified Texas wrongful death lawyer is necessary for collecting evidence, filing paperwork on time, and negotiating with at-fault parties. Depending on the facts of your case, the resolution may present itself in the form of a settlement or via courtroom litigation.
Who Can File a Texas Wrongful Death Lawsuit?
Texas law states that wrongful death lawsuits may only be filed by the deceased’s immediate relatives. However, in cases where the victim does not have a surviving child or spouse, parents may be entitled to bring a claim. If the victim’s family does not file a claim within 90 days, then the personal representative of the decedent’s estate can file on behalf of the family.
Compensation Available in a Texas Wrongful Death Lawsuit
The preventable death of a loved one can leave families in shock. In addition to heartache and grief, the victim’s death can also leave them with less income and more expenses. Wrongful death damages are designed to offset these losses. Although every case is unique, your Texas wrongful death attorney will make sure you are fairly compensated for your:
- Loss of consortium and companionship
- Emotional trauma
- End-of-life medical care
- Loss of support or services provided by the victim
- Therapy and counseling
- Loss of income the decedent provided
- Psychological distress
- Funeral and burial costs
- Pain and suffering
In addition to these damages, if the death was the result of gross negligence, families may also be eligible to collect punitive damages.
An experienced Texas wrongful death attorney can help you understand what damages your family may be entitled to in a wrongful death suit.
Texas Statute of Limitations
Texas gives surviving relatives two years from the day of their loved one’s passing to file a claim. This gives them some time to hire an attorney and file a claim. Although most families do not file their claims right away, it is important to act quickly to ensure that the filing deadline does not lapse and bar you from recovery.
Consult a Texas Wrongful Death Lawyer
Holding negligent employers liable is a necessary step in seeking closure, justice, and the economic resources to cover damages arising from a workplace death.
If you lost someone you love in a workplace accident, contact Parks Law, PLLC, right away. Our trusted Texas wrongful death attorneys can help you bring the at-fault party to account and ensure your family secures the financial compensation it deserves. Call us at (713) 979-3500 or fill out the quick contact form on our website to schedule your free consultation.