Truck Driver Rear-Ends Minivan, Man Dies: Part 4 – Why Should I Bring More than One Legal Claim When There Was Just One Wrongful Death?
This post is the fourth in a five part series that examines the many facets of a personal injury and wrongful death case as a result of an accident involving a large commercial truck.
Residents of Bowie County, Texas, Sue Smith have filed a personal injury and wrongful death suit as next friend of Thomas Smith and as representative of his estate, and on behalf of herself, against Bernard McDaniel and his employer, Dowell Transport, Inc. in the Eastern District of Texas, Marshall Division. Melanie Wagstaff is listed as a plaintiff in this suit as well. If you or a loved one has been injured in Texarkana, Odessa, Lubbock, Dallas, Fort Worth, or anywhere in Texas, please contact us for a free consultation.
18-Wheeler Hits Stopped Minivan, Lawsuit Follows
On June 25, 2013 at around 3 p.m., 73 year-old Texarkana resident Thomas Smith was driving a Dodge Caravan minivan on Interstate 30. Traffic slowed and Smith followed suit. An 18-wheeler owned by Dowell Transport, Inc. and driven by Bernard McDaniel hit Smith’s minivan from behind, causing fatal injuries to Mr. Smith. Mr. Smith was pronounced dead on the scene at 3:50 p.m. The driver of the 18-wheeler, McDaniel, was not injured.
Why Bring More Than One Claim?
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As we discussed in the previous post, survivors, or the representative of the estate of the deceased, on behalf of the deceased bring a wrongful death claim. Just like each life, each passing is unique. It is important to contact an attorney to see what claims you might have. When a loved one dies due to the actions of another, you may have only a wrongful death claim. However, depending on your relationship with the deceased, you may be able to bring more claims.
It is important to bring as many claims as you reasonably can. There are different types of relief for different types of claims. Wrongful death and related claims will likely have monetary relief, meaning if you win a lawsuit based on your claims, the judge or jury awards you money. Some claims have statutory limits to how much money a judge or jury can award. This means that there is a law saying they can only award up to, for example, $10,000 for a specific claim. There may be a provision in the law that says you can get treble damages under specific circumstances, meaning the judge or jury may award you triple the amount. In order for you to win as much money as you deserve, it is important to bring as many claims as is reasonable so that you are not unfairly limited by statutory limitations. Further, a judge or jury may find that you lose on one or more of your claims but that you win on others. The higher number of reasonable claims you bring, the higher the chance that you will win on at least one. However, if you bring too many claims, that can pose problems with your litigation as well.
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Only a licensed, experienced and skilled attorney who is familiar with the facts of your specific case can recommend what kinds of claims you should bring or not bring. In the next and last installment in this series, we will discuss Mrs. Smith’s and Mrs. Wagstaff’s claims that relate to the wrongful death of Mr. Smith. In the meantime, if you or a loved one has been killed or injured anywhere in Texas, please contactone of our skilled attorneys for a free consultation.
See Related Blog Posts:
Why Do I Need an Attorney?http://www.brianloncar.com/need-attorney
Commercial Truck Accident Part 1 http://www.brianloncar.com/commercial-truck-accident-part-1
Commercial Truck Accident Part 2 http://www.brianloncar.com/commercial-truck-accident-part-2
Commercial Truck Accident Part 3 (Link not yet up on website)