Do Wrongful Death Survivors Always Receive Settlements?
Not if an insurance company lawyer has anything to say about the matter. Especially if a car crash or other accident kills a victim, these lawyers immediately spring into action. Insurance companies earn over $1 trillion per year. So, they can easily afford to hire lawyers who bitterly contest wrongful death cases. Furthermore, many insurance companies have lawyers on staff, just waiting for their chance to reduce or deny compensation in wrongful death matters.
No personal injury lawyer can possibly match an insurance company’s financial resources. But David took down Goliath, mostly because David had a good plan and was well-prepared for the fight. Similarly, a Sugar Land wrongful death lawyer who devises a good plan and works hard to execute that plan usually obtains maximum compensation for survivors in wrongful death cases. This compensation usually includes money for pecuniary losses, such as the decedent’s final medical bills and lost future emotional and financial support.
Comparative Fault
This defense may be the most common negligence defense, mostly because it applies in both vehicle collision and premises liability matters.
In both cases, insurance company lawyers use the comparative fault defense to shift blame for an accident from the tortfeasor (negligent actor) to the victim. For example, if the tortfeasor had been drinking, the insurance company might blame the wreck on the victim’s excessive speed.
Then if the judge allows the defense, based on the evidence, the jury must apportion fault on a percentage basis, such as 50-50 or 70-30.
Texas is a modified comparative fault state with a 51 percent bar. So, if the victim was no more than 49 percent responsible for the wreck, the tortfeasor is liable for a proportionate share of wrongful death damages.
A variation of comparative fault, assumption of the risk, could apply in car crash and premises liability matters. In vehicle collisions, refusal to wear a seat belt could constitute assumption of the risk, which is a voluntary assumption of a known risk. Premises liability assumption of the risk usually involves a warning sign, like “Caution Wet Floor” or “No Lifeguard On Duty.”
The defense only applies if the insurance company proves the victim saw the sign, could read the sign, and could understand what the sign meant.
Vehicle Collision Wrongful Death Defenses
Some legal doctrines apply specifically to vehicle collisions. These different defenses, which are based on the comparative fault doctrine, include:
- Sudden Emergency: Tortfeasors aren’t liable for damages if they reasonably reacted to a sudden emergency. Insurance company lawyers often try to use this defense in pedestrian accident cases. But legally, a jaywalking pedestrian is a predictable everyday hazard, not an unexpected sudden emergency.
- Last Clear Chance: This defense could apply in wrong-way crashes, one of the most common kinds of fatal car accidents. If a driver had the last clear chance to avoid a wreck, maybe by swerving out of the path of an oncoming car, that driver, not the tortfeasor, is legally responsible for the wreck. Significantly, there’s a difference between the last clear chance and any possible chance.
Additionally, if a vehicle collision victim had a pre-existing condition, compensation is only available if the pre-existing condition contributed to, as opposed to substantially caused, the death.
Work With a Compassionate Harris County Attorney
Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. Virtual, home, and hospital visits are available.
Source:
ii.org/fact-statistic/facts-statistics-industry-overview
