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Posted on in Wrongful Death

You may think that any unexpected death can qualify as wrongful death in the eyes of the law. Unfortunately, that's not actually the case.

According to Texas Statutes §71.001, you may file suit for wrongful death if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one person or entity causes someone's death.

Filing a Claim for Wrongful Death in Texas

Who Can File

The only ones who may file a claim for wrongful death in Texas are the following people related to the decedent:

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After suffering an injury at work, your head is probably swirling with questions. You may ask yourself:

  • How will I continue to pay for my family's everyday living expenses?
  • Will my medical benefits be suspended while I'm out of work?
  • Can I lose my job over my work-related injury?

Fortunately, workers' compensation insurance protects most Texas employees from going without an income due to an on-the-job injury to help pay for everyday living expenses.

Additionally, you will not lose the medical benefits provided by your employer while you're out of work recovering from your injury and it is highly illegal for your employer to fire you for suffering an injury at work.

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Losing a loved one as a result of another person or entity's negligence is a painful experience to endure. Not only must you grieve the loss of your family member, but you must also come to terms with the fact that someone else's carelessness caused the death.

While no amount of money can make up for losing your loved one, recovering compensation can help you pay for the costs associated with the death and can help you feel as if some justice has been served for your family member.

There are two types of damages you can recover in a Texas wrongful death case:

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After suffering a work-related injury or illness, you may wonder whether you can receive your benefits in a one-time lump sum payment rather than having compensation provided to you on a regular basis.

There are many reasons why you may want to have your settlement paid this way, but it's important to understand the implications of making such a decision.

Texas Workers' Compensation Lump Sum Payment

According to §408.128 of the Texas Workers' Compensation Act, you are allowed to receive your impairment income benefits as a lump sum payment if you've returned to work for at least three months. In order to qualify, you must have earned at least 80% of your average weekly wage.

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When pursuing compensation after a crash, it's important to show causation. This means that someone's actions have caused your harm and they may be held accountable for your damages. Recognizing what caused your injuries is imperative, and you can pursue compensation that covers medical expenses, lost income, and more.

Alcohol

Drunk driving is one of the most dangerous actions on the road. When someone consumes alcohol, it can impact their depth perception and decision-making. When they are driving while intoxicated, they may serve between lanes, speed, and brake erratically, potentially causing a severe crash.

Distractions

Texting and driving, talking to passengers, reaching for items, and other distractions can cause a crash that results in catastrophic injuries. Distractions can cause drivers to exhibit the same signs as drunk driving, including swerving, speeding, slowing down, and other problems.

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