What is a "wrongful death" case?

Thank you for your question. 

In Texas, the law provides a "cause of action", or a legal claim, against people or companies whose negligence or carelessness cause the death of another person.

Under Texas law, only the direct relations (spouses, parents, and kids) of the person who has died have claims under wrongful death laws.

Do you think brothers, sisters, aunts, uncles, and other family members should be able to file a legal case if one of their relatives are killed?  Please let us know your thoughts by commenting below.

Wrongful death claims can be very complex, time consuming, and expensive.  That's why you should probably consult with an attorney who specializes in personal injury and wrongful death cases. 

A lawyer who doesn't specialize in personal injury or wrongful death cases may not have the experience or resources to properly handle the case.

Want to read more about Texas accident and injury law? 

Please take a moment to read the following articles:

1.  How to select a Houston lawyer for you injury or accident case

2.  Common misconceptions in Houston truck accident cases

3.  Five things that could wreck your Houston car or truck accident case

4.  The insurance company wants me to give a statement - what should I do?

5.  How to beat the insurance companies at their own game - ask these 5 questions

6.  Do I need a lawyer for my Houston car or truck accident case?

7.  What to do immediately if you are involved in a Houston car or truck accident

Barge worker's widow files wrongful death case under Jones Act

A barge worker's widow recently filed a lawsuit against a barge company and a contracting company after her husband was killed. 

In the lawsuit, the widow claims that her deceased husband died when he slipped and fell on an icy barge.  The barge was empty.  The lawsuit claims that the barge company failed to provide the worker with a safe place to work.

About this case and maritime wrongful death claims

Under maritime law, the direct descendents of deceased workers may be able to bring claims for wrongful death.  Under most claims, the survivors must prove that the company did something "negligent" to cause the death or that the vessel was "unseaworthy" and that caused the subject accident or death.  The damages available differ depending on a lot of factors, but if the survivors were financially dependent on the deceased worker, they generally can collect damages for the loss of financial support.

The negligence standards differ depending on whether the case is a Jones Act case, a Longshore and Harbor Worker's Compensation Act case, a General Maritime Law case, or some other case.

Most of the time, only an experienced maritime and Jones Act lawyer will be able to tell you what law you can file under and what claims you can bring. 

Most important, don't trust the insurance company to tell you your rights. 
Hire your own independent lawyer to advise you.