Running a successful business comes with its fair share of hardships and responsibilities, one of which is ensuring the safety and well-being of others. Despite your best efforts to maintain a high standard of safety, accidents can happen and may lead to tragic outcomes such as lost lives and wrongful death claims. These claims can be emotionally distressing, legally complex, and financially devastating for your business. Understanding how to navigate these challenging claims is critical to protecting your business’s future.
An experienced attorney can help you defend against a wrongful death claim by establishing causation, determining the statute of limitations, and evaluating if Texas’ modified comparative negligence law applies to your case. At Fahl & Donaldson, our attorneys are here to assist you during this emotional and challenging legal process. We understand the ins and outs of Texas wrongful death laws and are ready to defend your business interests before and during trial. When we take your case, you can have confidence we will use our extensive experience and skills to protect your business’s future.
Defending Your Business Against a Wrongful Death Claim
In wrongful death claims, the plaintiff is responsible for proving the defendant’s negligence beyond a reasonable doubt. A skilled attorney can employ a defense strategy to resolve the claim and advocate for your business. A few of the most common defense strategies in wrongful death claims include the following:
Expired Statute of Limitations
In Texas, the statute of limitations in wrongful death claims is typically two years from the date of the accident. The plaintiff may lose their right to pursue a claim if this deadline passes. However, several factors impact this legal time limit. An experienced attorney will understand how the statute of limitations applies to your case and may be able to use it to defend against the claim.
To hold the defendant responsible for wrongful death, the plaintiff must prove the defendant’s actions were the cause of the decedent’s death. Our attorneys thoroughly investigate every case and work with accident reconstructionists to fully understand how the accident occurred. The evidence we collect may be able to help us prove your business is not at fault for the victim’s passing.
Modified Comparative Negligence
Wrongful death cases are complex and may involve several parties. Under Texas’s modified comparative negligence standard, damages are assigned proportionately to the level of fault. For example, if your company is found to be 20% liable for the accident and a third party is found 80% liable, your business would pay the victim’s family 20% of the total damages while the third party would pay 80%. Additionally, if the victim is found to be more than 50% at fault for the accident, their family would not be eligible to recover damages.
How Can an Experienced Attorney Help You?
Navigating a wrongful death claim against your business may feel impossible without a skilled attorney on your side. At Fahl & Donaldson, our experienced attorneys can help you in the following ways:
- Conducting a thorough investigation into your case
- Filing all paperwork correctly and on time
- Negotiating with all parties on your behalf
- Collecting essential evidence
- Preparing your case for trial
- Answering your legal questions
- Providing unparalleled support and guidance
Our dependable attorneys understand there is no one-size-fits-all approach to wrongful death claims and will tailor their services to your business’s unique needs.
Contact an Award-Winning Attorney at Fahl & Donaldson Today
At Fahl & Donaldson, our attorneys are committed to helping your business navigate its most challenging legal struggles. We have over 100 years of combined experience helping businesses achieve favorable outcomes and protect their interests. Our attorneys have been recognized by outlets like Best Lawyers in America and Texas Super Lawyers for their excellence and are here to assist you with your business’s legal needs.