Death and Medical Bills: What Happens for the Victims and Their Families?
Unexpected medical expenses, extended care in the hospital, funeral expenses, missed time from work, and the loss of companionship. What happens now for the victims and their families? They certainly had no way of knowing that a storm that started in Oklahoma and went through Dallas would be strong enough to cause a construction crane to fall over. Will they be forced to pay their unexpected expenses?
The answer to that question remains to be seen since the accident occurred because of an act of nature. An act of nature is often a defense used in personal injury claims. However, maybe the construction company will offer financial assistance to those affected from their general liability policy. Maybe the corporation that owns the apartment complex will also step in to help. Sometimes companies do the right thing even if whatever happened was outside of their control.
Catastrophic Personal Injury Elements in Dallas, Texas
Often, catastrophic personal injury accidents that cause unexpected medical bills, lost wages, funeral expenses, and leave lasting impact happen because of the negligence of at least one other person. For example, if there were an accident between a speeding 18-wheeler and a four-door family sedan, that would likely cause catastrophic injuries and property damage. If the truck driver were going over the speed limit, they may be considered negligent.
Negligence is a legal concept that must be proven for the victim and/or their family to be eligible for financial damages. In Texas, the elements used to prove negligence are:
- Legal duty. A simple explanation of legal duty is the requirement to obey the laws. For example, following the speed limit and obeying all posted traffic signs.
- Breach of legal duty. A breach occurs when someone does not adhere to their legal duty. For example, if the posted speed limit is 35 miles per hour and someone drives 50 miles per hour, there is a breach of legal duty as every driver has the legal duty to comply with the speed limit.
- The breach of duty must be the proximate cause of injury or damages. If someone is speeding in a school zone and doesn’t cause any injury or damages, this element of negligence is not fulfilled. They still broke the law, but someone could not sue them for personal injury. However, if the driver is speeding and hits a child, an adult, or causes property damage, then it may be determined that the driver’s breach of duty was the proximate cause of the injury or damages because if it weren’t for them speeding, the injury or damages wouldn’t have occurred.
- There must be actual damages caused. Damages refer to a wide range of occurrences, including physical injury, mental injury, time missed from work, temporary or permanent disability, or property damage.
Law Office of Julie Johnson: Helping Personal Injury Victims and Their Families Protect Their Rights
The Law Office of Julie Johnson takes pride in advocating for Dallas personal injury victims and their families. If you or someone you love were seriously injured, call us now at 214-290-8001. We may be able to help you recover money for your medical expenses, lost time from work, pain and suffering, and wrongful death.
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- What Is a Traumatic Brain Injury? - July 23, 2019