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Pasadena Wrongful Death Car Accident Lawyer

Car accidents often cause serious bodily injuries, including even death. Wrongful death and survival claims are when a loved one dies because of someone else's negligence. If you need a Pasadena Wrongful Death Car Accident Lawyer, then call Molina Law Firm for your free accident consultation. Molina Law Firm is located at the Gulf Freeway and Fuqua, near Pasadena, Texas and the Pasadena zip codes of 77502, 77503, 77504, 77505, and 77506.

Who May Be Sued For A Wrongful Death Lawsuit?

Many wrongful death and survival cases are straight-forward, especially in cases like car accidents where the other driver is at fault for the death.  A Pasadena Wrongful Death Car Accident Lawyer can help you bring claims against persons, companies, organizations, governmental agencies, and employees.  However, even a simple car accident resulting in a death could have many entities at fault such as:

  • The other driver(s)
  • The manufacturer of the vehicles if equipment failure caused the accident
  • The local government if unsafe road conditions led to the accident
  • A local bar if one of the drivers were intoxicated and driving

Texas wrongful death law can get very complicated.  It is a good idea for families and loved ones to seek legal counsel in matters of wrongful death.  Attorney Rick Molina will meet with you and your loved ones and let you know if you have a good case worth pursuing.

Pasadena Wrongful Death Car Accident Lawyer

Texas Wrongful Death Accident Statistics

Wrongful death affects many people, in and outside of the immediate family.  Here are some statistics on wrongful death accidents:

  • In Texas, there were 3,893 fatalities in auto accidents in 2020
  • An estimated 225,000 people die each year from some form of medical malpractice, such as incorrect dosages, surgical errors, and wrong diagnoses.
  • There were 5,333 fatal workplace injuries recorded in the United States in 2019.

How Does A Pasadena Wrongful Death Car Accident Lawyer Prove Fault?

Wrongful death and survival lawsuits are the most serious types of cases.   When a loved one passes away due to someone else’s negligence, the effect they have on surviving families can be devastating.  Call Molina Law Firm when you need a Pasadena Wrongful Death Car Accident Lawyer. Wrongful death claims are filed by a representative on behalf of the survivors who suffered damages from the decedent’s death. Sometimes, the estate representative is mentioned in a Will. Other times, no Will is involved. Unfortunately, opposing insurance companies usually try to place the responsibility for an accident on the deceased. It is important for you to understand how fault and responsibility are evaluated in Pasadena and in Texas.

How Does A Pasadena Wrongful Death Car Accident Lawyer Prove Negligence?

In Texas, negligence is a ground of recovery that allows an injured person to recover from the person responsible for causing the accident.  In its basic sense, negligence means that the other person acted unreasonably, which caused the accident and resulting damages.  There are generally four elements to prove negligence: 

 

  1. Duty.  Did the other person owe the deceased a duty?  Every driver has a duty to obey the laws and to not injure other people.
  2. Breach. Did the other person violate the duty?  This is usually shown by showing that the other person acted unreasonably.  For example, were they speeding? 
  3. Causation.  The breach must cause injuries.  What are the injuries that are caused by the breach of duty?  
  4. Damages. The injuries in turn resulted in damages.  The damages are discussed below.

What Are the Damages In A Wrongful Death Accident?

In Texas, Wrongful Death Accident damages generally fall under two categories:  economic and noneconomic.  

Economic damages are generally out-of-pocket damages such as medical expenses and lost earnings or loss of earning capacity.  In wrongful death cases, these damages can also include funeral expenses.  

Non-economic damages are intangible damages such as pain, suffering, disfigurement, and physical impairment.  In wrongful death cases, these damages can also include loss of companionship, loss of consortium, and loss of parenting advice and guidance.  

 

What Is A Wrongful Death Claim and How Is It Different Than A Survival Claim?

The plaintiff in a wrongful death claim is a statutory beneficiary of the deceased.  Any resulting damages belong to the beneficiary and not to the Estate of the deceased.  A wrongful death claim is different than a survival claim.   In a survival claim, the claim and damages belong to the Estate of the deceased.  The damages in a survival claim are distributed to the Estate. 

In Texas, only certain people are able to file claims for wrongful death. The laws say that the children, parents, or spouse of the person who died can file a lawsuit for “wrongful death.”  Notably, siblings cannot bring wrongful death claims in Texas.  With the help of a wrongful death lawyer, a wrongful death claim can be filed against any company or person who caused the death of a loved one.  

For survival claims, the damages will be distributed pursuant to a Will or pursuant to State law if there is no Will. 

 

Where Do Wrongful Death Accidents Usually Occur?

Wrongful death accidents can occur almost anywhere but below are the most common places or conditions that result in wrongful death claims:

What makes us different?

The Molina Law Firm has been representing wrongful death victims for over 20 years, helping them navigate the sometimes complex legal fight against insurance carriers.  Remember that when you retain Attorney Rick Molina, you pay nothing upfront and we only collect a percentage of the compensation you receive when we have won your case.  Don’t go against the insurance carriers alone.  Attorney Rick Molina will aggressively represent you and fight on your behalf.  We have the knowledge, resources, and experience to get you all the compensation you deserve for your loss, pain and suffering.

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If your loved one has suffered from a Pasadena wrongful death accident, it is important that you get an experienced personal injury attorney to help you. Call Rick Molina and the Molina Law Firm to schedule your free accident consultation today.

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Frequently Asked Questions About Wrongful Death Accidents

A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a civil case. The goal of the criminal case is punishment such as jail time or probation. A civil case can be filed by anyone whose private rights or civil rights have been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages, A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter.

 

Texas law (Section 71.001) states that a wrongful death occurs when the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party leads to the death of another party.

 

The parents, spouse, or children, including adult children, of the deceased are eligible to file a wrongful death lawsuit. Adoptive parents can also file wrongful death cases for the loss of their adopted children, and vice versa.

 

Texas law requires that any wrongful death lawsuit must be filed within two years of the deceased person’s death, with very few and very specific exceptions.