Who May Bring a Wrongful Death Action?
Under law, one person is appointed by the probate court to bring any case against the person responsible for the death of a child. This person is called the personal representative of the estate and is typically a family member. He or she brings the claim on behalf of all survivors who may be entitled to receive financial compensation because of the tragic loss of a child.
Damages for Wrongful Death of a Child
Law differs depending on whether the deceased child was a minor child or an adult child. For purposes of the Act, a “minor child” is one who is less than 25 years old. The damages a parent of a minor child may recover differ from those the parents of an adult child may recover. More here @ https://lawyers-pi.com/car-accident-attorneys-in-laredo/
In a wrongful death action, the parents of a minor child may recover (depending upon the age of the child):
mental pain and suffering from the date of injury,
any medical or funeral expenses paid by the parents of a deceased child,
the value of lost support and services from the date of injury to death, and
future lost support and services from the date of death (reduced to present value).
In a wrongful death action, parents of an adult child (25 years or older) may recover all of these damages except mental pain and suffering. Those parents may only recovery pain and suffering if there are no other survivors, such as a spouse or children. Also, if the death of the adult child is the result of medical malpractice, then the parents may not recover for mental pain and suffering.
Loss of support includes monetary and non-monetary items (for example, property). Loss of services usually includes household tasks the deceased child regularly performed. Survivors may recover for lost services from the date of the child’s death to the date of majority. The goal of the Act is to compensate the survivors for the loss of support and services they might have reasonably expected to receive from the deceased had the death not happened. Courts will determine the value of lost support and services on a case-by-case basis. The survivor’s relationship to the deceased is an important factor the court will consider. Click here @ https://truckaccidentattorneysa.com/el-paso-truck-accident-lawyers/
There is a shortened period of time to bring a claim when a loved one dies. The legal process in bringing a death case is complicated and time consuming. You should consult with a lawyer experienced in wrongful death cases at the earliest possible time. Waiting does not make a case better.
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Riding motorcycles continues to be extremely popular, with many enthusiasts taking regular rides in the hill country. In addition there are those who use their motorcycles as their regular mode of transportation. Looking out for the safety of motorcyclists is extremely important. Here are some of the questions most commonly asked of motorcycle accident attorneys.
Q: I was sideswiped on the road by a car that didn’t see me, and I wasn’t wearing a helmet. Can I still file a personal injury claim?
A: Yes. The law is clear that you are not required to wear a helmet while riding a motorcycle, as long as you are at least 18 years old. However, the answer to this question is far more complicated than that. The answer SHOULD be that not wearing a helmet will not affect your claim, but it is important to have a motorcycle accident attorney who can make clear to a jury that exercising your right not to wear a helmet should not negatively impact your claim. This is not always easy, and you need a lawyer who is experienced with motorcycle accident cases.
Q: What is the most common injury in motorcycle accidents?
A: Many minor motorcycle accidents result in leg and foot injuries, but the leading cause of fatal injuries in motorcycle accidents is head injuries. There is a lot of debate on the benefits of wearing a helmet, with some groups claiming that helmets can actually create more problems than they solve. On the other hand, most studies seem to show that wearing a helmet can significantly improve the chances of survival by lessening the likelihood and severity of head injuries. With that said, it is still important to understand that, in Texas, it is your right as an adult to choose not to wear a helmet while riding.
Q: How can I be as safe as possible while riding?
A: Using proper safety gear, including a DOT approved helmet and riding leathers goes a long way. It can also be a good idea to participate in rider safety programs. There are excellent resources to get connected with a rider safety program in your area. Many of these programs are inexpensive, and offer classes for every ability level from beginners who have never ridden before to experts who have been riding for years. The fact is, any opportunity to pick up tips or learn new techniques to stay safe in an activity that carries a certain inherent degree of danger is worthwhile.
If you or a loved one have been seriously injured in a motorcycle accident that was caused by the negligence of someone else, speak with an experienced motorcycle accident lawyer immediately to discuss your options. Handling a motorcycle accident claim is different from handling a car accident claim, partly due to the biases that some people have against motorcycles and motorcyclists. However, a motorcycle accident lawyer who is dedicated to protecting your rights will make sure that you are heard, and will fight hard to recover compensation for medical bills, lost wages, and pain and suffering caused by the negligent party. Personal injury attorneys work on a contingency fee basis, meaning that you pay them only if they succeed at recovering compensation for you, and generally offer FREE CASE EVALUATION. For more information, contact us today.Read Full
Four people from died after an 18 wheeler lost control, crossed the median and slammed head on into their pickup, Louisiana State Police said.
The 18-wheeler, marked with the company name Texas International Express, was traveling north about 5 miles north of Pearl River when its front left tire blew out, said Trooper Nick Manale, spokesman for State Police, U.S, lost control of the rig, and the tractor-trailer rumbled across the median and struck the southbound pickup nearly head-on, police said. After impact, the pickup and 18-wheeler slid off the highway, coming to a halt in the treeline on the west side of the interstate, Manale said.
Troopers specializing in vehicle inspection were brought in to determine whether the 18-wheeler had all of the required equipment and whether that equipment was properly installed, police said. Federal Motor Carrier Safety Regulations require an 18-wheeler driver to perform a pre-trip inspection and a end of the day report. A driver cannot operate a commercial motor vehicle until he has inspected his equipment including the tires for good working order.
§392.7 Equipment, inspection and use.
No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed: