24Aug/21

Texas Statute of Limitations in Wrongful Death Legal Actions

Texas Statute of Limitations in Wrongful Death Legal Actions

Time itself can also be a challenge to wrongful death lawsuits. For instance, the statute of limitations for a Texas wrongful death lawsuit is two years from the date of death. While this timeline can be extended in certain situations surrounding gross negligence, or if criminal charges have been filed against the liable party, a victim’s family most often only has two years to seek legal action against that defendant. While this may sound like a long time, it really isn’t, when a thorough investigation must be conducted. It is not unusual for a full investigation to take as long as a year in some circumstances, or if there is a large number of liable parties who must be investigated before determining which ones are truly liable. In addition, all defendants need to have their assets researched in order to assure that they can pay the damages they will owe you and your family once they have been judged to be guilty.

wrongful death lawyers

Aligned headstones in a cemetary with pink tulips in the foreground

However, there are some exceptions to this statute. But they all involve unusual circumstances. Below is a brief explanation of some of them.

A wrongful death claim on behalf of a minor child can not begin until the child is of legal age. The two-year statute of limitations, therefore, does not start to count down until the child’s 18th birthday. For example, if a 15-year-old child lost their father in a work-related accident, that child’s claim would be extended until two years after they are of legal age (their 30th birthday). Generally, a minor child has no legal standing to file any civil suit in Texas until they turn 18. There are is an exception where a minor child’s case can be heard before he or she is of legal age. A parent can file a civil case on behalf of the child. But the court will appoint an ad litem (a non-biased, third-party attorney) who will review the terms of the settlement or jury verdict to determine that the resolution was fair and in the best interest of the child. This keeps family members and other parties from appropriating the child’s damage award for their own interests. More on this website @ https://www.carabinshaw.com/dallas-wrongful-death.html

Texas wrongful death cases are subject to the “discovery rule” which states that the two years do not begin a reasonably prudent person would have known that they had a cause of action. A perfect example if such differences would be to compare a fatal construction accident injury and a fatal injury in a pharmaceutical case. Liability in a construction accident usually doesn’t take very long to determine if someone’s negligence leads to the death of a loved one since the discovery process (investigation) begins relatively quickly.

However, imagine that someone takes a prescription drug for a long period of time and dies due to complications from that drug. Then, a few years after this death, it is determined that the drug was defective and caused that loved one’s death. One of the decedent’s family members – typically the spouse – would more than likely be able to file a claim even though the standard two-year statute of limitations window had closed. The idea behind this is that the plaintiff did not know that they had a case until years later: which rightfully extends the statute. Find some helpful information on this website

In cases where the defendant deliberately concealed involvement in wrongful death, the statute may be extended to allow the family of the deceased to pursue civil action against the defendant once this concealment comes to light. In some situations, concealment may be criminal. Or the concealment may have been part of a larger conspiracy among two or more defendants. And when a defendant must answer criminal charges for wrongful death, it regularly strengthens your wrongful death civil case, even if the defendant is ultimately exonerated in criminal court.

If a plaintiff has suffered some physical or mental incapacity that keeps them from responding within the standard two-year statute of limitations, the statute may be extended to accommodate the defendant if there is a prognosis for future recovery. For example, if a man and his wife are involved in a car accident and the man dies but the wife goes into a coma for three years, her statute of limitations would likely be extended due to the fact that she was mentally or physically incapacitated and unable to participate in her wrongful death claim on behalf of her husband.

There are a few even more obscure exceptions to our state’s wrongful death statutes. So when you are in the process of interviewing potential attorneys to represent you, reserve a few moments to visit with each lawyer and ask them to help you understand how the statute of limitations might apply to your specific wrongful death claim or case, and if any exceptions might apply.

Contact our wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and you allow your deceased loved one to finally rest in peace.

20Jun/21

Defective Products – Personal Injury Lawyers

Defective Products – Personal Injury Lawyers

Defective or dangerous products are the cause of thousands of injuries every year in the U.S. Product liability holds product manufacturers, wholesalers, and retailers accountable for injuries suffered from an unsafe product. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include the product manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold the product to the consumer. Companies are legally responsible for the safety of their products. A consumer that has sustained illness, injury, or death as a result of a commercial product has the right to bring a product liability suit against the manufacturer, retailer, distributor, or supplier.defective product law

Virtually all products are subject to product liability law from food, drugs, appliances, cars, toys, medical devices, medical implants, and blood to tobacco, gases, written documents (instructions), real estate, maps, commercial jets, and more. If you have been injured because an object or product was defective, manufactured with faulty materials or parts, designed unsafely, or didn’t carry adequate warnings, you may be eligible for compensation from the product’s manufacturer or the company selling the product. The product liability attorneys at our firm have years of experience handling product defect cases. Our attorneys are nationally recognized in product liability litigation. We offer free consultations and do not charge a fee for our services unless your case is won. Call us today for a free legal consultation.

In a product liability case, to recover damages for injuries resulting from a defective product, your attorneys must prove that the product that caused injury was defective and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability; design defects, manufacturing defects, and marketing defects.

● Design defects – present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe.

● Manufacturing defects – occur in the course of a product’s manufacture or assembly.

● Marketing defects – flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.

Defective product liability cases are often quite complex and expensive to prosecute. Establishing legal fault often requires the assistance and testimony of experts. If you have
been injured due to a defective product, there are some important steps to take:

● Seek medical attention immediately if you have been harmed by a product.

● Do not dispose of the product that caused physical harm. It will serve as important evidence in future legal proceedings.

● Preserve evidence of the product to avoid the possibility of tampering.

● Keep any packaging, instructions, and labels from the product.

● Take photos of the product.

● Obtain information from any witnesses present.

● Do not discuss the case with anyone except your attorney.

Our mission in pursuing product liability cases is to obtain just compensation for our injured clients. The damages the consumer is entitled to receive in a dangerous or defective product case include compensation for:

defective products lawyers

Render illustration of Defective Product title On Legal Documents

● Medical expenses

● Lost Wages

● Loss of physical capacity

● Pain, suffering, and mental anguish

Over two-thirds of the attorneys at our firm devote a significant portion of their practice to defending products in personal injury and property damage cases. Through our longstanding, national representation of Honeywell and Emerson, we have unmatched experience in accidents involving environmental controls and systems, including boilers, furnaces, water heaters, and other HVAC-related equipment. We have successfully defended scores of other manufacturers; such as General Electric, Graco, National Presto, Maytag, Tecumseh, and DeLaval, on dozens of products across the country. These diverse products include tractors, airplanes, boats, agriculture equipment, deep fryers, elevators, clothes dryers, high-pressure paint sprayers, space heaters, smoke detectors, alarm systems, dishwashers, food-processing equipment, capacitors, escalators, milking equipment, industrial sifters, feed wagons, tobacco, boat engines, shredding machines, bikes, and helicopters.

Our lawyers also have defended a variety of medical products and devices including breast implants, hormone therapy drugs, latex gloves, respiration/blood pressure monitors, sutures, anti-seizure medication, hyperactivity medication, handicap lifts, wheelchairs, and anesthesia machines for clients like C.R. Bard, Dow Chemical, General Electric Company, Johnson & Johnson, and MedMarc.

In addition, our lawyers have experience defending manufacturers, distributors, franchisors, and restaurants in various food and beverage claims and litigation. These cases have varied from exploding bottles and Poptarts to contamination in such things as baby formula, children’s snack foods, restaurant salads, and burgers.

Whether dealing with a manufacturing flaw or defect, a design flaw or defect, or a product that is unreasonably dangerous because of inadequate instructions or warnings, the lawyers at our firm will ensure that you or your family will receive fair treatment for injuries caused by dangerous and defective products and get you the compensation you deserve. Whenever an injury occurs, time is of the essence as it is essential to promptly investigate the accident, preserve evidence, and file a lawsuit prior to the expiration of the statute of limitations. Call our office today for a free initial consultation.

26Apr/21

The top States For Auto Related Accidents

The Top States For Auto Related Accidents

Someone is injured or killed in an auto accident every 14 seconds in the United States. Though this number has decreased significantly over the past couple of decades largely because of improvements in car safety and design, it is still an incredibly high number that results in tens of thousands of deaths every year, not to mention the billions spent on medical care and lost wages for those injured.
Please find more information on this website here @ http://accident-lawyers-dallas.com/

When it comes to automobile accidents, safe driving and safety equipment matter. But there are some factors that are outside of even the most careful driver’s control. Even if you are safe driver and have a well-designed automobile, your chances of being involved in a car crash depend, at least in part, on the state you live in.car accident attorneys

The Deadliest States to Drive-In

The Insurance Institute for Highway Safety reports that there were almost 30,000 fatal automobile accidents, resulting in over 32,000 deaths. When averaged across the entire country, that comes out to about 10 deaths per 100,000 people. But, there are some significant differences in the number of deaths by state.

According to 24/7 Wall Street, the deadliest states have fatality rates far above the national average. Mississippi has the highest fatality rate out of all, with almost 27 out of every 100,000 people dying as a result of a car crash in a two-year period. Montana came in second, with just over 23 out of every 100,000, with Alabama, Wyoming, and Arkansas rounding out the top five.

5 Deadliest Auto Accident States in 2011

Mississippi
Montana
Alabama
Wyoming
Arkansas

The Deadliest States for Pedestrians

Not all car accidents result in fatalities, and even fatal accidents don’t always involve a passenger or driver. Pedestrians or bystanders can also be killed in a car accident, and the likelihood of that happening also differs depending on the state in which you live.personal injury law = pedetrian accidents

According to the National Highway Transportation Safety Administration, the deadliest state for pedestrians in 2010 was Florida, with about 2.6 out of every 100,000 people killed as a result of a car accident. That’s followed closely by Delaware with just under 2.5 out of every 100,000, along with Arizona, the District of Columbia, and South Carolina. The national average is 1.38 pedestrian car-related deaths out of every 100,000 people.

5 Deadliest States for Pedestrians

Florida
Delaware
Arizona
District of Columbia
South Carolina
Auto Accidents: Injuries and Costs

Fortunately, the majority of car crashes don’t result in death, but they do commonly lead to injuries and property damage. In one year, according to the U.S. Census Bureau, there were 10.9 million car accidents resulting in almost 2.2 million injuries. Also, the Centers for Disease Control and Prevention reports that in the most recent year the CDC has complete data on, Americans lost $170 billion due to medical expenses and lost wages that resulted from car crashes. Another study, completed by AAA, showed that the total cost of car crashes in urban centers alone, including the cost of repair, was almost $300 billion.