Slips and falls can cause devastating injuries and lead to death, even on level surfaces.
If you want to learn more about filing wrongful death lawsuits for fatal slip and fall accidents in Austin that affected your loved ones, contact our compassionate slip and fall attorneys. We can review the circumstances of the casualty and, if someone else’s negligence led to it, we can pursue damages on your behalf.
People who own property, or lessees who control access to a property, are responsible for keeping it safe for legal visitors. They generally must make reasonable efforts to find and remedy potential hazards. If they cannot fix them immediately, they generally must warn visitors so they can avoid the danger.
If someone falls and suffers injuries on another person’s property, they can claim damages. They must prove the owner’s negligence and demonstrate that the negligence was the direct cause of their injury.
If an Austin slip and fall accident is fatal, family members of the deceased person can bring a wrongful death lawsuit, and their attorney must prove that the property owner’s negligence led directly to their loved one’s death. If successful, the property owner must pay financial compensation to the deceased person’s family.
In Austin, if someone dies in a slip and fall accident, their family members—a surviving spouse or other next of kin—may be able to file a wrongful death lawsuit. This is similar to a lawsuit that the deceased person may have brought themselves if they had survived. Minnesota Statutes § 573.02 governs wrongful death actions in the state.
The decedent’s relatives must petition the court to have a trustee appointed for the benefit of the next of kin. Once appointed, the trustee is the only person with the authority to bring a wrongful death claim, and a trustee must be appointed before any wrongful death claim can be pursued. An attorney can consult with the family, explain the obligations of a trustee in these matters, and prepare the petition documents for the court.
The trustee must file the lawsuit within three years of their family member’s death and no more than six years after the injury occurred.
If a person survives severe injuries, they may file a personal injury lawsuit against the property owner. If they later succumb to their injuries, the trustee can continue pursuing the claim or lawsuit as a wrongful death action.
Damages for a fatal slip and fall accident depend on certain circumstances. If the deceased person lived for a time after the fall, the family is entitled to compensation for the financial support they lost due to their loved one’s death. This includes payment for:
Relatives can also claim for funeral expenses and financial compensation for the loss of their loved one’s companionship, guidance, and support, among other categories of damages.
Certain factors are considered when determining what compensation a family in Austin is entitled to receive after a fatal slip and fall, including the deceased person’s:
An attorney will work closely with the family and outside experts to quantify and document the extent of the family’s damages.
Fatal slip and fall accidents in Austin can be a devastating experience for anyone involved. If someone else’s failure to take reasonable precautions led to your family member’s death, you may be able to seek compensation.
If you are mourning the death of a loved one, contact Maschka Personal Injury for help. Schedule a no-obligation meeting today to learn whether you can bring a wrongful death lawsuit and hold the property owner accountable.
