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When a person is killed as a result of the carelessness of others, their surviving family members are entitled to compensation. Texas law allows family members and loved ones to recover for their monetary losses, like medical bills and lost wages, but also for their emotional losses, like grief and loss of companionship. If you have lost a family member due to the neglect or carelessness of another person, you should consider whether you have a wrongful death case.
If a loved one or family member has died due to the carelessness of another person, you may have a wrongful death case. Discuss your situation with an experienced San Antonio wrongful death attorney to learn more about your rights and your options.
Here are some of the most common causes of wrongful death cases:
Even if there is a law enforcement investigation and a case for a criminal trial, you can still pursue a wrongful death claim. A criminal trial holds a person accountable for breaking the law, and a guilty party may be penalized by the government. A criminal case can result in fines, imprisonment, and other penalties.
But a criminal case does not help loved ones recover from their personal losses. 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 the pain of their damages as a result of the death.
Wrongful death cases consist 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:
We all have a responsibility to act with reasonable care to avoid harming others. Negligence is someone’s failure to take reasonable care 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 negligent act depends on the circumstances of your case, but some common examples of negligence include:
Obviously, a wrongful death claim requires that a person die as a result of negligence. If a person is injured, they can recover their damages in a personal injury lawsuit.
The death must be the direct result of the negligence of the other party. For example, if a driver fails to stop at a stop sign and hits and kills a motorcyclist, they have caused the death. If a doctor makes a medication error in a terminally ill patient, the negligence may not be the direct cause of the death.
Finally, the death must result in substantial losses in order to justify the lawsuit. These losses may be emotional and do not have to be financial losses. For example, a parent can sue for the wrongful death of a minor child, even though the child did not contribute financially to the household.
Because every individual situation is different, it is important to discuss your case with an experienced San Antonio wrongful death lawyer in order to understand your rights.
You are entitled to recover economic and non-economic damages in a wrongful death lawsuit in Texas. Some of the possible damages you may recover include:
Sometimes, if a case involves gross negligence, a judge may also award punitive damages. Punitive damages are not designed to compensate the family for their loss but are an additional amount intended to punish the negligent party and to set an example that will deter others from the same behavior.
Personal Injury & Accident 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.
In the case of death due to negligence, Texas law allows family members to pursue both a wrongful death claim and a survival action. Survival action suits and wrongful death suits are separate actions that can be pursued for two different types of damages.
A survival action is a claim that a person would have had if they had lived: their personal injury claim ‘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:
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 or executor. The survival action claim is intended to recover the losses of the injured person before they die and make their estate whole.
If your deceased loved one had already initiated a personal injury case, the personal injury case can simply be converted to a survival action and proceed. However, every case is unique, and it is important to consult with a wrongful death attorney in San Antonio as soon as possible in order to determine whether you have a case.
Not everyone can bring a survival action suit, and not everyone can bring a wrongful death case. A wrongful death case can be brought by the surviving spouse, children, parents, or by the executor of the estate. In many instances, the same people can pursue both a wrongful death claim and a survival action. 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 San Antonio wrongful death lawyer to see if you can bring 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 in order 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.
The family-owned Law Offices of Aaron Allison have been pursuing justice for the people of Texas since 1978. We are proud to fight for the rights of the bereaved and hold negligent parties accountable for their carelessness. If you have lost a family member due to the negligence of someone else, we offer free consultations to help you understand your rights. Contact us today or call 512-474-8346 for your free consultation.
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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When you schedule your free consultation with a personal injury and accident lawyer in Houston, 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.
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.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 512-474-8346