The surviving family members of wrongful death victims in Texas and the rest of the U.S. often find themselves up against the Medicare Secondary Payer law. Under this law, Medicare may recover payments made on behalf of a beneficiary in the case of medical malpractice. When patients die as a result of medical errors, some family members attempt to file the suit solely as wrongful death to prevent Medicare from reclaiming the expenses. However, this does not always prove successful.
If your spouse or other close relative dies in Texas as the result of the negligence or wrongdoing of someone else, you can sue that person for the wrongful death of your loved one. As FindLaw explains, a wrongful death action represents a civil suit in which you ask for monetary damages to recompense you for the financial losses you suffered and will continue to suffer due to your loved one’s untimely and premature death.
When you lose a child through the negligence or due to the actions of someone else, it is devastating. You want the law to hold someone accountable. This becomes complicated when the child you lose is one that has not been born yet. Texas is one of the states that does have feticide laws, according to USA Today.
The common assumption that most in San Antonio likely hold is that any legal action commenced after one of the parties involved has died must be a wrongful death lawsuit, and thus is limited to only those circumstances which contributed to one's death. Yet what if your loved one had a cause of action to pursue, yet what never able to before they died? Many come to us here at the Gamez Law Firm thinking that their options for seeking legal recourse in such a situation expired with the plaintiff. If you share the same assumption, you will be pleased to know that is not the case.
Losing someone you love is devastating. However, losing a loved one to another person’s negligence or careless behavior can be even more fraught with emotion and as a result it can be difficult for many people to recover from the experience. The American Psychological Association can help you navigate the many different stages of grief thanks to the following advice.
When one person's reckless actions result in tragedy in San Antonio, it may be easy to simply assign all the blame to said individual. Yet what about those who may have enabled him or her? Assigning vicarious liability may be difficult given the complexities and challenges involved in trying to link the actions of a third party to an incident in which that party may have not been directly involved. There are times, however, when the families of those killed in incidents of reckless believe they have ample evidence to prove that outside parties played a hand in the deaths of their loved ones.
You never want to consider having to file a wrongful death lawsuit because doing so likely means that you have lost someone close to you in San Antonio. Yet if you have indeed reached that point, a number of questions are out needing answers. Do the circumstances of your loved one's death warrant such action? Is there any ongoing criminal investigation into the matter? How much are you entitled to ask for? All of these deal with important elements related to the case. Before proceeding any further in your thoughts, however, you should be contemplating one question above all else: Can you even sue for wrongful death?
It may be easy for some to hear news of wrongful death lawsuits filed in San Antonio and simply dismiss them as the petty and vindictive actions of people looking to profit on what most would classify as unfortunate situations. Yet two relevant points are lost in this assumption. The first is that the accidents or incidents that produce wrongful death lawsuits often leave the families of victims facing enormous expenses from medical bills and the loss of financial support. The second is that without the actions (or inactions) of the accused negligent parties, the victims in these cases might very well still be alive.
Cars, trains, boats and planes -- what do they all have in common? Aside from their ability to carry passengers from one point to another, these modes of transportation are also man-made inventions that most trust their lives with. Many Texans might assume that any fatal accident involving transportation such as an airplane likely was the fault of the operators in charge. Yet there are a plethora of ways a plane can malfunction, and mistakes are not always at the hand of the captain.