Wrongful Death Lawsuits Examined

A wrongful death claim in Texas arises from the death of a person, as a result of, in whole or in part, of another person or entity's actions. Chapter 71 of the Texas Civil Practice & Remedies Code contains the exclusive remedy under Texas law for filing a wrongful death lawsuit. The act is intended to compensate a certain class of people for losses stemming from a loved one’s death. This class of people includes a husband, wife, child, family member, or someone else who otherwise qualifies as an heir or beneficiary under the decedent’s will. Persons in this class may be compensated for the loss of support or companionship of a loved one. A wrongful death suit is usually filed by a family member, beneficiary, executor or administrator of the decedent’s estate. Wrongful death claims can be very complex, as it is common for a claim to include multiple defendants. Oftentimes, many defendants are named in a wrongful death lawsuit. Some defendants settle prior to trial, while others defend the case from filing through trial. The amount of recovery usually depends upon the law of the state in which the claim is filed.  It is important to contact a Texas attorney or attorney licensed in your state in order to protect your legal rights.

Four Month Old Dies at Overcrowded Denton Day Care

Late this afternoon, Candace Carlisle reported in the Denton Record Chronicle that a home-based day care in Denton had more than twice the number of children it was allowed by law when a 4-month-old girl died there this week, a state investigation shows.

Too Kool 4 School Kids Club Day Care in the 2200 block of Palomino Court is closed pending the outcome of a state investigation. The center received a permit in August and had a capacity for 12 children, said Marissa Gonzales, a spokeswoman for the state’s child care licensing division. Thirty children were inside the facility when the girl died Wednesday afternoon.

The Tarrant County medical examiner's office has since identifed her as Sophia Worsham of Denton. A child care worker was sitting with Sophia on the floor, went to pick her up so she could answer a knock at the door, and noticed the baby was limp and not breathing, said Denton police   Ryan Grelle.

The infant was later pronounced dead at a nearby hospital. There were no signs of foul play and criminal charges probably will not be filed for the death, Grelle said. Police are awaiting autopsy results from the medical examiner’s office. The licensing agency is investigating allegations that the center was shuffling children back and forth with another day care facility.

All too often day care attendants leave babies unattended for a short period resulting in a tragic accident or death.  Often times, a claim for negligence may arise in situations where toddlers are at left alone or a daycare's superviser neglects a toddler or a chidren's welfare.

The Fears | Nachawati Law Firm has had successful experience representing loved ones of children injured or neglected while in the care of a daycare facility.  For more information, call our attorneys at 1.866.705.7584 or email for help at mn@fnlawfirm.com.

The Dallas Morning News staff writer Joanna Cattanach contributed to this report.

The full article can be read here: 

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/011009dnmetdaycaredeath.be8e7ac.html