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A 28-year old woman from San Angelo, Texas recently fell approximately 200 feet to her death from a telecommunications tower. She was being tested in her ability to climb the telecommunications tower to determine whether she would be suitable for employment with a tower communications company, Jostens Communications. The woman’s mother is now considering filing a wrongful death lawsuit.
Investigators examined the harness the woman was wearing during her climb and discovered that one of the hooks was not hooked on properly.
While a wrongful death lawsuit has not officially been filed, if it is, it would center on negligence, and compensation could be claimed for economic damages and pain and suffering for the woman’s family.
What Is Wrongful Death?
Wrongful death is the loss of the life of an individual as a result of another person’s negligent act. Wrongful death can be caused by various accidents, including:
- Motor vehicle accidents
- Medical malpractice
- Defective products
- Car accidents
In many cases, proving wrongful death in a lawsuit can be difficult as you need valid evidence that shows negligence on the allegedly responsible party – whether the party acted carelessly, or neglected to take all possible steps to avoid the accident.
Establishing Negligence
Various causes and scenarios can lead to a wrongful death lawsuit, but specific elements must be proven in order for a party to sue for damages:
- Duty of Care – Proof that the responsible party acted with bad caution at the time of the accident and failed to comply with safety regulations
- Breach of Duty of Care – Proof that the responsible party breached the duty of care
- Causation – Proof that the responsible party acted negligently or illegally and that it led to a person’s death
Parties who file a wrongful death lawsuit can claim for damages like funeral and burial expenses, medical bills of the deceased, lost wages, and pain and suffering.
Losing a loved one can be devastating, especially if it was caused another party’s negligent behavior, so it is important to seek legal advice from an experienced wrongful death attorney who can help you understand your rights and entitlements.
At Charles J. Argento, we understand the emotional pain and suffering a family goes through when they have lost a loved one in cases of wrongful death, and we have helped them seek the justice and compensation they deserve.
If you have lost a loved one as the result of someone else’s negligence, we welcome your call today (in English or Spanish) on (713) 225-5050 for a free initial consultation to discuss your case.