Austin Wrongful Death Lawyer When a loved one dies unexpectedly due to someone else’s fault, our wrongful death attorney can help get you compensation for your losses.
It is always tragic to lose a loved one, and surviving family members may experience financial hardship and be left with no income and no long-term support. Medical bills and funeral costs can put additional strain on surviving members when they’re struggling with feelings of grief and emotional pain. And if a family member’s death was caused by negligence, a family’s grief may be compounded by anger.
”Mr. Evans and his team were amazing. They got my case settled in a timely manner and were always responsive. They cared and that was truly important. I highly recommend this law firm. They fight hard for you against these insurance companies who try to get over but Mr. Evans will make sure you get the best outcome. Thank you guys” – Joshua M. (Google Review)
Wrongful Death Lawyer
While money can never replace the person you lost, if your family member died due to another party’s negligence or fault, you may be entitled to compensation through a wrongful death lawsuit. Under Texas law, a cause of wrongful death exists when a person dies due to another’s “neglect, carelessness, unskillfulness, or default.” A settlement award for wrongful death can ease your financial burdens and help your family function and move on with their lives.
Texas wrongful death laws are complicated, and making mistakes can be costly, but help is available from the compassionate wrongful death lawyers at Evans & Herlihy. We understand what you are going through at this difficult time and will take the burden off you by handling all legal hurdles involved so you can concentrate on your family’s recovery.
There are time limits for filing, so don’t delay. Texas has a statute of limitations, or time limit, for filing. According to Texas Civil Practice & Remedies Code section 16.003, a wrongful death lawsuit generally must be filed within two years of the deceased person’s death, or the courts will not hear your case.
Personal Injury Lawyer Austin, Attorneys
Texas Statutes section 71.001 states that an action for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another.
To win your lawsuit, our attorneys would have to prove that the defendant in the case was at fault and therefore legally liable for causing the death of your loved one. We can help do this by:
Our wrongful death lawyer will communicate and work with you throughout the entire process, answering your questions and concerns and informing you of all progress of your case.
Ramos James Law Pllc
In Texas, a victim’s spouse, children, or parents – or the executor of the estate – may pursue a wrongful death claim, seeking a damage award to cover financial losses and emotional suffering. In addition, we can help you file a survivor action, which is like a personal injury lawsuit allowed after a death.
Punitive damages — In some rare cases where the act that caused the death was grossly negligent or willful, you may also be entitled to exemplary, punitive damages. These are intended to punish the offending behavior and deter such behavior from happening again.
While there is a wide range of damage awards possible, from the thousands to the millions of dollars, juries tend to be sympathetic when wrongful death is involved. The amount that you receive will depend on the factors involved in the case, including:
Personal Injury Lawyer Austin, Tx I Tony Nguyen Law Firm Pllc
Wrongful death damage awards are divided among the surviving family members in proportion to the injury they suffered due to the death.
Wrongful death cases where family members are asking for financial restitution are brought in civil court. In addition, in cases where the death resulted from a crime such as murder or manslaughter, criminal charges may also be brought.
For your wrongful death lawsuit to be successful, our Austin wrongful death lawyer must show that the defendant(s) in the case were negligent and at fault for causing the accident that led to the death, the same way the deceased would have had to prove liability had they survived the negligent or wrongful act.
Austin Car Wreck Attorney
In 2013, a Texas woman was sentenced to 38 years in prison for causing a crash that killed two people and seriously injured one other. The woman had been drinking at a sports bar for several hours, and after she left the bar, she drove her pickup truck on the wrong side of the highway, causing a head-on crash. The woman’s blood alcohol level was three times the legal limit, and the bar’s security camera footage showed the woman had been stumbling when she left the bar. The sports bar’s insurer agreed to pay $1 million for the victims’ losses, and that sum was split three ways among the survivor and the estates of the deceased.
The outcome of that case illustrates a point of Texas Civil Practice and Remedies Code, Section 71.001: The definition of “person” includes a corporation, and a corporation can be found negligent if its “agent” or “servant” acted with carelessness. A bartender who serves alcohol to an obviously intoxicated person could therefore be found negligent.
In another case involving a drunk driver who caused a fatal crash, a jury awarded the victim’s family $16 million in damages, finding the driver’s employer negligent. During the trial, evidence was presented showing that the woman who caused the crash had previously shown up at work intoxicated on at least one occasion, requiring another employee to drive the woman home. But on the day of the fatal crash, the employer ordered the woman to leave work because she was intoxicated. Her blood alcohol level was .40 – five times the legal limit. A jury found the employer shared 65 percent of the fault in the accident.
Work Injury Lawyer
Drunk driving is just one of the criminal acts that may be the basis of a wrongful death lawsuit in Austin. When a person is the victim of homicide or dies as the result of a criminal act, his family may be able to pursue a wrongful death claim. Even if the alleged perpetrator of the crime is found not guilty in a criminal trial, that doesn’t preclude a civil case.
If your family member died as the result of a crime or negligence, you might be entitled to compensation. Call us today at (512) 732-2727.
The wrongful death attorneys at the Evans & Herlihy Law Firm know how the unexpected death of a family member affects survivors. When the survivors include children, a family may worry about providing for them in the immediate future and in the long term. For many families who pursue wrongful death cases, monetary compensation matters less than ensuring that someone is held accountable for the death of their loved one.
Austin Medical Malpractice Attorneys
Our Austin wrongful death lawyers understand that grief may make it difficult to talk about what happened to your family member. Be assured that having a lawyer by your side to answer your questions and concerns and fight for justice can help.
Our legal team is ready to work on your behalf to hold the wrongdoer accountable for the death and to fight for the compensation that will make life easier for you and your family.
If you believe you may have a wrongful death case, call us at (512) 732-2727. Find out how we can help you.
Contact Attorney Aaron Allison
Chip Evans is a partner at Evans & Herlihy. Chip brings to the firm more than 20 years of experience as a trial lawyer representing Plaintiffs. It is the desire to help individuals, not corporations, that attracts Chip to this side of the docket. [ Attorney Bio ]The loss of a loved one is devastating, even more so when caused by the negligent actions of another. In cases of negligent conduct resulting in a wrongful death, the victim’s family is legally able to pursue a wrongful death claim to obtain compensation. The qualified Austin wrongful death attorneys at the Bonilla Law Firm PLLC have successfully fought for and procured full and fair recoveries for grieving families. We offer free, no obligation, consultations. Call our personal injury attorneys to schedule a free consultation today.
A claim for an Austin wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. (Texas Statutes section 71.001)
When filing a claim for this type of case, the surviving family members of the victim have the right to seek compensation for:
Best Personal Injury Attorneys In Austin 🥇
In some cases, exemplary or punitive damages may be recovered. These economic damages require a wrongful death was caused by a willful act or omission, or by gross negligence. The purpose of exemplary damages is to punish the responsible party for their intolerable behavior. The court typically determines the amount of damages awarded.
After a wrongful death occurs in Texas, there are three main kinds of damages that a plaintiff involved in a wrongful death can recover. These damages include:
Economic damages from wrongful death cases occur and are calculated relatively easily compared to non-economic and punitive damages. Since there is generally a tangible
0 comments
Post a Comment