Wrongful Death Lawyer Serving All of Texas
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Compassionate Wrongful Death Lawyers
When you’ve lost a loved one, dealing with the grief can feel insurmountable. You may not even consider the possibility of justice for your loved one in the immediate aftermath of your loss. However, as you move through the stages of grief, you may begin to realize that negligence, neglect or the wrongful act of another person or company led to the death of your loved one. The Texas wrongful death lawyers at The Carlson Law Firm will carefully and compassionately communicate with you about your rights. We will discuss your family’s legal options and help you choose a path forward.
Turning your loved one’s death into a legal matter can feel uncomfortable. It’s important to remember that the law provides relief for you and your family because you’ve suffered a serious loss. A rightfully owed wrongful death lawsuit can help you move forward. To learn more about how to file a Texas wrongful death lawsuit, schedule a free consultation with The Carlson Law Firm by contacting us online or give us a call.
What is Wrongful Death?
Wrongful death claims are legal actions brought by, usually, close family members if a relative’s death was caused by another person’s accidental or intentional act. According to Texas laws, a wrongful death occurs when:
- An injury causes a person’s death or a fetus’s failure to be born alive
- The injury is the result of another person’s or company’s “wrongful act, neglect carelessness, unskillfulness or default”
- The injured person would have been entitled to file a personal injury lawsuit had they lived or been born alive
Notably, wrongful death claims are a form of justice for surviving family members. A wrongful death lawsuit allows survivors to pursue legal action on their loved one’s behalf.
What damages will a court award in a Texas Wrongful Death Lawsuit?
When determining the types of damages that will be awarded in a wrongful death suit, the court examines the state laws and will make a determination of who is eligible for certain award types. Typically wrongful death damages can be awarded to the following:
Spouses
A surviving spouse usually has a claim for lost companionship that resulted from the deceased’s death, as well as for the financial impact of their spouse’s death.
Children
Minor children may be awarded for the lost benefits of their relationship with the deceased parent. In addition to the financial damages available by the loss of a parent, minor children may also be awarded based on the loss of comfort and support.
Parents
Parents of a minor child who passed away may be able to recover damages for the emotional trauma and the lost relationship with the child; loss of financial support may also be possible, depending on the circumstances.
What Damages are Available?
In a successful Texas wrongful death case, compensation is awarded to the deceased person’s surviving spouse, children and parents for their losses stemming from the death. Potential damages available in a Texas wrongful death include the following:
- Lost earning capacity
- Lost care, maintenance, services, support, advice and counsel the deceased would have provided his or her surviving family members.
- Mental pain and anguish experienced by the surviving family.
- Lost love, companionship, comfort and society.
- Lost inheritance, including what the deceased would likely have saved and left to surviving family members if he or she had lived.
A wrongful death lawyer can help you make the determination of how to proceed in your claim. The compassionate, knowledgeable and trusted lawyers at The Carlson Law Firm want to help you through this difficult time. We will fight for everything you and your family deserve to help you move forward.
Successful Claim in Texas
In Texas, a successful wrongful death case largely depends on the defendant’s liability in terms of financial compensation. A court will order the person or business at fault to pay damages to family members. While criminal courts can provide a type of justice for victims, the bar is extremely high to prove “beyond a reasonable doubt.” However, in a civil lawsuit, the plaintiff must demonstrate that it’s more likely than not that defendant is responsible for your loved one’s death. Criminal court proceedings do not stop you from filing a wrongful death lawsuit in civil court. You can sue a defendant for wrongful death while they are facing criminal charges related to the same incident.
Individual states have their own wrongful death statutes. In fact, these laws can widely vary. For example, filing a wrongful death lawsuit in Texas may not have the same legal process as filing in New York or California. The Carlson Law Firm has attorneys licensed in numerous states. We can help you determine if a wrongful death claim is the right step for you and your family.
About Our Law Offices
Compassionate Texas Wrongful Death Lawyers
Integrity
Our compassionate legal team will handle your case with sound judgment, honesty and dependability.
Community
We have strong ties to our community which drives us to work tirelessly to get our clients the favorable outcomes they deserve.
Results
Our attorneys consistently achieve some of the largest verdicts and settlements in the country.
Choosing the Right Wrongful Death Lawyer
No other pain comes close to pain of losing a loved one. Often while you are dealing with your grief and pain, you may not even think about filing a wrongful death lawsuit. The financial burden that results in the aftermath of a death can lead to debt or a change in your standard of living. If another party is at-fault for your loved one’s death, consider contacting a Carlson Law Firm wrongful death lawyer to discuss your legal options.
Who Can Bring a Claim?
Wrongful death law varies from state to state. In Texas, certain members of the decedent’s family may fi. This includes the surviving spouse, the children, and the parents of the decedent. In some cases, an adopted child may file a claim if the adoption was legally and fully completed. Adoptive parents may also file a claim for their adopted child. A single person or an entire family may file a claim.
Under Chapter 71 of the Texas Civil Practice and Remedies Code, certain parties can file claims if death is the result of one of the following:
- Wrongful acts
- Carelessness
- Unskillfulness
- Neglect
- The fault of another person or corporation
A wrongful death lawyer will be able to help you determine what’s best for your particular situation.
Types of Wrongful Death Damages
Damages awarded in wrongful death claims exist to compensate the family members for their losses experienced when losing a loved. The types of damages that are recoverable vary and often depend if the claimant is a surviving spouse, a parent, or a child. The most common damages include:
- Mental anguish
- Lost earning capacity
- Lost inheritance (what would have been financially gained had the decedent lived a full life)
- Lost household services
- Lost care, support, guidance, or counsel
- Lost love or companionship
There are some cases, when the act is done willfully or by gross negligence, that the family may be able to recover exemplary — or punitive — damages to penalize or punish the defendant for their gross negligence and to send a message to help ensure such gross negligence does not happen again.
Proving a Wrongful Death Claim
To establish liability in a claim, the plaintiff and their wrongful death lawyer will have to prove:
- The defendant engaged in negligent behavior
- The negligent behavior led directly to a victim’s death
- The surviving family members are legal beneficiaries of the victim’s estate
- The surviving family members have sustained measurable loss as a result of the victim’s death
How We Can Help
When you lose someone, there is not enough compensation in the world to make up for your pain and suffering. Wrongful death claims are often complex and require careful investigation to ensure surviving family members receive fair compensation.
A caring wrongful death lawyer from The Carlson Law Firm firm can be your guide through this difficult process. We will be by your side every step of the way. We can also aggressively pursue compensation for the lost loved one. The goal of a Texas wrongful death lawyer is to protect your rights and ensure that your family gets the compensation that you deserve.
Speaking to a Trusted Wrongful Death Attorney
There is never a moment when coping with the death of a loved one is easy. Let our personal injury lawyers handle the legal aspects of your case so that you can focus on being with your family. If you believe that your loved one died as a result of another’s negligence, wrongful act or neglect, we urge you to talk to a caring, experienced Texas wrongful death lawyer.
Call us at 800-359-5690.
Wrongful Death Questions
How much can you sue for wrongful death in Texas?
There is no set amount that you can sue for in wrongful death lawsuits. Our attorneys have seen payouts range from six to seven figures depending on the facts of the case. The defendant’s financial resources, type of negligence involved, at-fault percentages and other factors determine how much compensation is available in a wrongful death claim.
Who gets the money in a wrongful death lawsuit in Texas?
Who gets the money in a wrongful death settlement or judgment is based on Texas law. Generally speaking, spouses, children, parents or the estate will get payout monies.
Can you sue for wrongful death in Texas?
Yes. Texas law specifies that the deceased person’s surviving relatives are eligible to file a wrongful death lawsuit in the state’s civil courts.
How long do wrongful death cases take?
Generally, a wrongful death claim can take one to three years. However, some cases may settle sooner if the defendant admits fault and agrees to certain terms. On the other hand, defendants with larger resources may drag out claims in hopes you’ll drop your case. For this reason, it’s important to have a Wrongful Death Lawyer from a law firm with the resources to see your case through.
How Wrongful Deaths Can Happen
Automobile Accidents
The leading cause of wrongful death claims is car accidents involving distracted drivers, drunk or impaired drivers and aggressive drivers.
Truck Accidents
Truck accidents are not only the most deadly of crashes, but they also commonly result in complex legal cases. Death claims involving trucking companies can be some of the lengthiest types of injury lawsuits. Often, these companies will fight tooth and nail to protect their resources. It’s important to have a wrongful death lawyer who can advocate for you in settlement talks or during a trial.
Premises Liability
A property owner or occupier may fail to take reasonable steps to protect visitors from harm by repairing a dangerous condition on the premises or warning visitors about the hazard.
Pedestrian Accidents
Because they are completely unprotected in a collision with a moving vehicle, pedestrians are often seriously injured or even killed when they’re struck by any type of motor vehicle. In 2010, there were 4,280 pedestrian fatalities, averaging out to one death every 2 hours that year. Older adults and children are at the highest risk of injury through a pedestrian accident. Still, anyone can suffer from this type of accident. Common factors in pedestrian accidents include reckless driving, limited field of vision, and lack of pedestrian walkways.
Dog Bites
Dog bites, animal maulings or other attacks can result in deaths. For example, a dog bite may lead to an infection or a mauling. These incidents can result in injuries so severe that it leads to excessive blood loss. If your loved one suffered an injury from a dog bite or an animal attack, you might be able to recover compensation through homeowner’s or renter’s insurance. A wrongful death lawyer can help you uncover what financial resources are available to cover your losses.
Nursing Home Abuse and Neglect
As one of the leading nursing home abuse law firms in the country, we have significant experience representing the estates and children of elderly abuse and neglect victims. An unfortunate reality is that many nursing homes fail to provide adequate care to elderly residents in their facilities. Due to the frailty of their condition, even a slight injury to a nursing home resident can be fatal. Neglect is also a significant contributor to wrongful death in nursing homes or skilled care facilities.
Defective Products
The designers, manufacturers, distributors, and sellers of products must minimize the risk of harm from their products to the public. A death that results from faulty design, defective manufacturing process, or failure to warn of possible injuries or death can be the basis for a death lawsuit.
Work Related Accidents
Any death that occurs as the result of a work injury is likely the result of company negligence—this can be the basis of a wrongful death lawsuit. These commonly include illnesses due to unsafe work environments, fires or explosions, faulty equipment, or improper training and machine-related incidents. Surviving family members may be able to bring a third-party liability claim and seek a financial recovery that goes beyond what workers’ compensation benefits provide.
Maritime and Offshore Accidents
The maritime industry puts workers in vulnerable situations. If you lost a loved one in an offshore accident, call us right away. We will thoroughly investigate the circumstances surrounding your loved one’s death to determine which laws apply.
Your loved one’s company may owe you compensation under the Jones Act, LHWCA, or Death on the High Seas Act. The Carlson Law Firm’s maritime injury lawyers can evaluate your options and help seek compensation to cover your relative’s medical expenses, lost financial support, loss of companionship and more.
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