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Forney and Rockwall Wrongful Death Lawyers

GuestandGrayLogoGuest and Gray Law Firm is the legal team that local residents turn to when a loved one has been seriously injured or killed in an accident. We have recovered millions of dollars for our clients. If a loved one has been killed in an accident in Rockwall or Forney, you need to call the local, trusted law firm of Guest and Gray, P.C.

What is Wrongful Death?

Chapter 71 of the Texas Civil Practice & Remedies Code is where the basis of wrongful death and survival actions in Texas are found. Under section 71.002, the statute outlines the basis of bringing a wrongful death lawsuit

Section 71.002(a) states that a person wishing to bring a wrongful death lawsuit must meet the requirements provided under chapter 71 of the Texas Civil Practice & Remedies Code. Section 71.002(a) provides the following:
(a) An action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists under this section.
Sections 71.002(b)-(d) provides the various acts or omissions that will cause them to be civilly liable for another’s death:
(b) A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default;
(c) A person is liable for damages arising from an injury that causes an individual’s death if:
     (1) the person is a proprietor, owner, charterer, or hirer of an industrial or public utility plant or of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers; and
     (2) the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default;
(d) A person is liable for damages arising from an injury that causes an individual’s death if:
      (1) the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or  other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery; and
     (2) the injury was caused by:
            (A) the person’s wrongful act, neglect, carelessness, unskillfulness, or default;
            (B) the person’s servant’s or agent’s wrongful act, neglect, carelessness, unfitness, unskillfulness, or default; or
            (C) a bad or unsafe condition of the railroad, street railway, or other machinery under the person’s control or operation; and
(e) A person is liable for damages arising from an injury that causes an individual’s death if:
     (1) the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery; and
    (2) the action could have been brought against the owner of the railroad, street railway, or other machinery if he had been acting as operator.
WHAT IS THE MOST COMMON SCENARIO?
By far, the most common wrongful death scenario is found in 71.002(b). Liability under that section provides for liability for negligence by a person or his agent. Under section (b), the most common wrongful death scenarios include individual and corporate drivers and (2) medical errors.
INDIVIDUAL AND CORPORATE DRIVERS
This includes individual drivers on the road who, by their own negligence, cause an accident that leads to another person’s death. It also includes corporate drivers whose agents are driving on the roadways. Individual drivers are personally liable for their actions while driving a vehicle. In most cases, especially in Texas, the negligent driver will have an insurance policy that the family of a deceased loved one may make a claim against in order to receive compensation for the loss of life that occurred. They may also sue the negligent driver personally in order to seek a money judgment against the person if the insurance policy is insufficient to cover the losses and the negligent driver may have sufficient assets to attach a judgment.
Corporate drivers such as trucking companies and the like, are liable for the acts of their agents who, by their own negligence, cause an accident that leads to another person’s death. They may also be liable for the negligent hiring and retention of bad drivers who cause an accident that leads to the death of another person. Corporate driver (or carriers) are required to have minimum of a million dollar insurance policy and in some cases, higher policies.
When a loved one is involved in a wrongful death accident, especially one involving a corporate driver, such as a trucking company or other corporate driver, such as Fed/Ex or UPS, it is vitally important to speak with an attorney regarding your case. These are high stakes cases for personal policy insurance companies, trucking companies and their insurance providers. You need to seek the counsel of an experienced personal injury lawyer in order to attempt to hold onto evidence, secure witness statements and get a hold of medical records and billing, and any associated reports, in order to properly assert your claims.
MEDICAL ERRORS
A similar and just as common scenario is a medical error that leads to death.According to a recent report, around 21,000 Texans die from medical errors each year, and that number is growing. It was estimated by Public Citizen, a non-profit out of Washington DC, study that around 3,200-7,200 Texans die each year from medical errors. What a difference 15 years makes. A physician, medical provider and the hospital are liable for the acts of a medical provider or other hospital professional who wrongfully or negligently provides care that leads to the death of a patient.
LOVED ONE INJURED OR KILLED IN A FORNEY OR ROCKWALL AREA WRONGFUL DEATH ACCIDENT?
gavel1-300x169If a loved one has been seriously injured or killed in a Forney or Rockwall area accident, you need to call the experienced legal team of Guest and Gray, P.C. We will begin working on day one to preserve and assert your rights against the at-fault party and their insurance company. Don’t wait until the insurance company calls asking to settle. They do not have your best interests. Call the attorneys who have helped other just like you get the compensation that you deserve. Call Today!