Can I File A Wrongful Death Lawsuit In Texas If I Lost My Loved One To A Kratom Overdose?

Contact me today

Answer

Texas residents who have lost a loved one to a kratom overdose can file a wrongful death lawsuit. Kratom comes from Asia and is marketed as an herbal supplement designed to help people manage addiction and anxiety, among other things. What makes it lethal is the absence of guidance regarding dosage; without clear guidelines on how much to take, users run the risk of overdosing. Moreover, kratom users often increase their dosage (and thus their risk) over time to feel the same effects as when they started taking it.

Though kratom is unregulated, it is legal — anyone can walk into a store in Texas and buy it. Texas officials have tried to pass legislation requiring warning labels on kratom packets, but without success so far. Without these labels, more lives will be lost, and more loved ones will have to turn to wrongful death lawsuits for justice.

Who Can Collect Damages And What Must They Prove?

There are limits to who can file a Texas wrongful death lawsuit. If your loved one died of a kratom overdose, you are eligible to take legal action if you were their child, parent or spouse.

Once you establish your relationship with the deceased, you must prove the following two elements to be true to receive damages for your loved one’s death:

  • Your loved one ingested kratom.
  • Your loved one’s death was caused by ingesting kratom.

Who Can Loved Ones Hold Accountable?

In wrongful death cases involving kratom, plaintiffs have various parties they can hold accountable, depending on the situation. These parties include:

  • The kratom seller
  • The kratom supplier
  • The kratom manufacturer

Seeking damages from the kratom seller is often the least effective route. Many kratom sellers are mom-and-pop shops (where kratom is only one of their many offerings) without sufficient insurance. For plaintiffs to collect the damages they deserve, their best option may be to go after the kratom manufacturer.

The Effects Of Kratom

Many people start using kratom, whether dissolved or in tablet form, with the hope of finding relief from their struggles. Unfortunately, these intentions can lead to misuse and can have negative effects on users’ health. Some may experience convulsions, hallucinations or seizures; others may lose their lives.

If you have lost a child, parent or spouse to a kratom overdose, know you do not have to go through your heartbreak alone. Seeking help from an experienced wrongful death attorney can be a helpful way of achieving justice and closure.

Disclaimer:

The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other answers about Wrongful Death

Tracey L. Dellacona

What Are The Steps Toward Making A Wrongful Death Claim In Georgia?

The first step in making a wrongful death claim is determining and establishing that the negligent act caused the death. After that, the estate will …Sponsored answer by Tracey L. Dellacona

Marc G. Pera

In Ohio, if someone dies as the result of an operation, who is at fault?

If your loved one died because of an operation, it might show negligence on the part of a medical professional. In Ohio, like every state, negligence …Sponsored answer by Marc G. Pera

Rebecca J. Britton

Should I hire an attorney for a wrongful death case in North Carolina?

If you have experienced the loss of a loved one, and you feel it was caused by the misconduct or negligence of another, you should seek the advice of …Sponsored answer by Rebecca J. Britton

Call me:
972-947-2984

Contact me

Required fields are marked with an asterisk (*).

To: Geoffrey Schorr Super Lawyers: Potential Client Inquiry

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Your IP address 44.192.20.240 and location have been logged to assist in preventing abuse of this service.

Page Generated: 0.3076229095459 sec