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Texas Personal Injury News

Friday, November 9, 2018

Supreme Court Gives The Green Light To A Texas Family’s Wrongful Death Lawsuit

According to court documents and news reports, on May 16, 2013, police officers in Fort Worth executed a “no-knock” search warrant at a residence on Thannisch Avenue; bursting into the house without warning in a search for drugs. 34-year-old Jermaine Darden was in the home at that time, and his family alleges that the police officers’ actions killed him.

Darden’s family alleges that he suffered a heart attack and died after officers needlessly choked, kicked, and shot him with a stun gun. They filed a wrongful death lawsuit against the officers involved at the scene and the city of Fort Worth.

Lawyers for the city contended that Darden tried to resist arrest, but witnesses said he made no attempt to flee, attack, or resist.

The Tarrant County medical examiner's office determined that Darden, who weighed 340 pounds, died of natural causes, suggesting that his heart attack was associated with the fact that he had high blood pressure and was physically restrained.

The case went all the way up to the United States Supreme Court, which determined that there was enough evidence available about what happened on the night of the raid that a jury should weigh in.

Depending on how this case turns out, it may become easier for families who have lost loved ones during an incident where police are involved to sue Texas cities for wrongful death. This would be a welcome change. Families who suffer the loss of a loved one should always have the option of seeking redress from those they believe caused their loved one’s death. These suits help families who have lost loved ones by providing them with financial compensation for their loss, and by giving everyone a sense of closure.

Family members can seek compensation for:

  • Loss of financial support (typically income),
  • Loss of services (like general homemaking, but also love, companionship, and society),
  • Loss of prospective inheritance,
  • Mental and emotional anguish, pain, and suffering,
  • Medical and funeral expenses, and
  • Interest calculated from the date of the victim's death.

Such claims must typically be filed within two years of a loved one’s death.

At Chandler, Mathis & Zivley, PC we have the compassion and the conviction to fight for clients who have tragically or unexpectedly lost a loved one. We passionate about uncovering the truth, and bringing those who have acted carelessly to justice.

 


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