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Every day, Houstonians are injured or even killed as a result of accidents that are not their fault. A person who is behaving carefully and obeying the law can still be harmed in a car crash, motorcycle accident, or workplace incident, forever affecting their family and loved ones.
Surviving family members are left with devastating emotional loss and also with significant impacts from lost income, medical and funeral expenses, and other changes to the family’s income and finances.
If you have lost a loved one due to the negligence of another person, you should discuss your case with a Houston wrongful death lawyer. Some of the most common causes of a wrongful death case include:
A wrongful death lawsuit is a civil action with independent processes from a criminal action. A criminal investigation is intended to determine whether someone is guilty of a crime and hold them accountable for breaking the law. A criminal case may result in fines, imprisonment, and other penalties.
Worker’s Compensation & Personal Injury Lawyers in Austin, Texas
In Austin, Texas, finding a workers’ compensation attorney you can trust is essential after a workplace injury. At Aaron Allison Law Firm, trust isn’t just a word—it’s the foundation of every client relationship.
That said, a criminal case is not intended to help a family recover financially from the loss of a loved one. Fines and fees paid in a criminal case are not returned to the family; a wrongful death lawsuit is a separate process that holds the guilty person financially accountable for their negligence and helps loved ones ease their financial losses as a result of the death.
A wrongful death claim consists of four equally important parts. Without all these elements, you cannot prove a wrongful death claim. The four components of a wrongful death case are:
Negligence is the failure to take reasonable care or precautions to prevent an accident or injury. When death is caused by a deliberate act, the intent to do harm can substitute for negligence. The specific standard of negligence depends on the circumstances of your case, but some common examples of negligence include:
When negligence results in death, you can sue for wrongful death. If negligence results in injury, you can sue for personal injury instead.
The death must be the direct result of the person’s negligence. For example, if a reckless driver hits and kills a pedestrian, they are directly responsible for the death. If a patient has a terminal illness and also suffers from a medication error, the medical error may not be directly responsible for the death.
The death must result in substantial losses in order to justify the lawsuit. These losses may be emotional rather than financial. For example, you can sue for the wrongful death of a minor child, even when the child did not contribute financially to the household. In the case of an older adult with an existing terminal illness, if the negligent act did not cause exceptional pain and suffering, there may not be significant damages.
Every case is different, and it is important to discuss your situation with an experienced Houston wrongful death lawyer in order to determine whether you have a case.
In Texas, you can recover economic and non-economic damages in a wrongful death lawsuit. Some of the possible damages you may recover include:
In addition, if a case involves gross negligence, a judge may award punitive damages. Punitive damages are not designed to compensate the family for their loss but are an additional award to punish the negligent party and set an example that will deter others from the same behavior.
For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.
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Texas law allows family members and loved ones to pursue both a wrongful death claim and a survival action. A survival action is the personal injury claim that a person would have had if they had lived: their claim to damages ‘survives’ their death and can be pursued by family members or the executor of their estate. A survival action allows loved ones to sue for damages related to the injury and death, including:
Survival action suits and wrongful death suits are separate actions that can be pursued independently. Importantly, not everyone can bring a survival action suit, and not everyone can bring a wrongful death case.
In Texas, a survival action should be filed and pursued by heirs or executors of an estate. If a person initiated a personal injury claim before their death, it can be continued as a survival action by their heirs. The claim is intended to recover the losses of the injured person before they die and make their estate whole.
On the other hand, a wrongful death case can be brought by the surviving spouse, children, parents, or executor of the estate. In many instances, these will be the same people pursuing both cases. However, if you are the unmarried partner of the decedent, a step-child or step-parent where there was no legal adoption, or in some other type of relationship with the decedent, it is best to have your case reviewed by a Houston wrongful death lawyer to see if you can bring a case.
If your deceased loved one had already initiated a personal injury case, you are probably eligible to file both a survival action and a wrongful death case. However, every case is unique, and it is important to consult with a wrongful death attorney in Houston as soon as possible in order to determine whether you have a case.
While it is normal to take time to grieve and recover from the loss of a loved one, Texas law only allows two years in which to file a wrongful death lawsuit. In some cases, it is also beneficial to collect evidence and pursue your action quickly to build a strong case. Although there are some exceptions to the two-year statute of limitations, speaking with a lawyer sooner rather than later will benefit your case.
Houston wrongful death lawyer Aaron Allison is proud to continue the family tradition of fighting for victims of negligence. Since 1978, the Law Offices of Aaron Allison have been representing injured people and helping them get the compensation they deserve. Contact us today for a free, no-obligation consultation by calling 512-474-8346.
Client Reviews
If your in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite things about him is he is not your typical B.S. attorney your used to dealing with. He always talks to you in a honest and straight forward way and he always clarifies if you don’t understand. Very easy guy to talk to, who will fight tooth and nail for you and will always have your best interest at heart.
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When you schedule your free consultation with a personal injury and accident lawyer in Austin, Texas, it’s important to come prepared with any questions you may have. Here are some common questions clients often ask us:
To begin the process of filing a personal injury lawsuit, you should schedule a consultation with an experienced personal injury attorney in Austin. During the initial meeting, you will present the details of your claim to your attorney, including how your injury occurred, and the circumstances under which it occurred. If you agree to hire that attorney, then he or she will file a personal injury claim on your behalf, and the process will go from there.
It can take months, or, in some cases, years to settle a personal injury claim. The duration of the case will depend entirely upon the facts and circumstances of the claim. Some cases will take at least a year from the time the complaint is filed to settle, while others could take about six months. Talk to our Austin personal injury attorneys to get an idea of how long your personal injury claim could potentially take to settle.
In the state of Texas, a personal injury claim must be filed no later than two years after the date of the accident. However, certain circumstances can affect the statute of limitations for your injury claim. Consult with a Texas personal injury attorney to receive the most accurate information.
You should discuss this question with a personal injury attorney during an initial consultation. However, generally speaking, your attorney will start at a number which is higher than what you actually want. This number will include your medical expenses, lost wages, future lost wages, pain and suffering and other damages. By starting high, the insurance company may offer a lower amount, allowing you to meet in the middle at an amount closer to what you actually wanted.
Most personal injury lawyers operate on a contingency fee basis, meaning the lawyer’s fees for representing you will be deducted from your final settlement. You should always ask a personal injury lawyer what his or her fee will be during an initial consultation.
I needed an attorney, I had a fall at work and they basically denied my workman’s comp. My wife, she knew that we needed an attorney, and she really just jumped on it, pretty much. The long and short of it is we decided to go forward with it. In my experience with Aaron, he was everything that his reviews said and he did exactly what he said he was going to do. He kept in touch with me he kept my wife in the loop constantly. He fought to the very end successfully. For that...
My wife set everything up, she found Aaron, because I was in the hospital. It’s such a sea of B.S., you really have to talk to a bunch of lawyers to figure out which one is actually worth it. You have to be wary of who you are talking to when looking for an attorney. But not Aaron. Me and Aaron, we hit it off right from the get go. You can tell he’s a real person.
If you’re in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite thi...
God forbid you ever find yourself hurt at work or play, hire him! I can’t say enough great things about Aaron and his team. They are reliable and attentive while at the same time fight hard to ensure a desirable outcome. It is awful to have to get an attorney, but Aaron made the process so much easier and less stressful!
Aaron, I appreciate all of the hard work. I know that you will not rest and you will not stop going after the people who hurt me. I am blessed and thankful for you and your staff. Thank you for stepping in and helping me get through this very difficult and life changing event. You always take time for me, you explain things to me, you never make me feel like I’m bothering you. I have never needed an attorney before and do not know or understand how things work. You are a g...
Worker’s comp was like year we’re denying that, we’re not responsible. I thought, that’s why I’m going to get a Worker’s Comp Attorney. I got a sit down consultation and then I was able to talk to it over. He said, if this is something you’re willing to do, I can definitely help. He explained everything real down to earth. This is what I was looking for, someone that could really help.
For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.
Admissions: admitted to practice law by the Texas Supreme Court, the Federal Court for the Western District of Texas, 5th Circuit Court of Appeals, and to the Supreme Court of the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Aaron Allison, who has vast legal experience as a workers compensation attorney.
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