Wrongful Death Lawyers In Texas

Why You Need a Texas Wrongful Death Attorney

• Legal Knowledge: Texas wrongful death laws can be complex and vary from case to case. An experienced attorney understands these intricacies and can navigate the legal system efficiently on your behalf. They know the statutes of limitations, the burden of proof required, and how to build a strong case to maximize your chances of obtaining the compensation you deserve.
• Investigation Skills: Determining liability in wrongful death cases often requires thorough investigation. Experienced attorneys have the resources and skills to investigate the accident scene, gather evidence, interview witnesses, and consult with experts if necessary. They leave no stone unturned in uncovering the truth behind what happened and who should be held accountable.
• Emotional Support: Coping with the loss of a loved one is emotionally overwhelming. A compassionate wrongful death attorney not only provides legal guidance but also offers emotional support during this challenging time. They listen to your concerns, answer your questions, and provide reassurance, allowing you to focus on healing while they handle the legal complexities.
• Maximizing Compensation: In wrongful death cases, compensation may include medical expenses, funeral costs, loss of income, loss of companionship, and pain and suffering. An experienced attorney knows how to assess the full extent of your damages and negotiate with insurance companies or defendants to ensure you receive fair and just compensation. They fight vigorously to maximize the financial recovery for you and your family.
• Courtroom Experience: If negotiations fail to reach a satisfactory settlement, your case may proceed to trial. Having a skilled litigator with courtroom experience is crucial in presenting your case effectively before a judge and jury. Experienced wrongful death attorneys know how to advocate for your rights in court, presenting compelling arguments and evidence to secure a favorable outcome.
• Peace of Mind: Dealing with legal matters while grieving can be overwhelming. By hiring an experienced wrongful death attorney, you can have peace of mind knowing that a knowledgeable professional is handling your case. They handle the legal complexities, paperwork, and negotiations, allowing you to focus on yourself and your family during this difficult time.

Types of Wrongful Death Accidents in Texas

• Car Accidents: Texas unfortunately has a high rate of fatal car accidents. These accidents can occur due to various factors such as speeding, drunk driving, distracted driving, or failure to obey traffic laws. In cases where a driver’s negligence leads to the death of another person, it can be considered a wrongful death.
• Truck Accidents: With its extensive network of highways and large trucking industry, Texas sees a significant number of fatal truck accidents each year. These accidents can result from factors like driver fatigue, improper loading of cargo, or mechanical failures. Wrongful death claims can arise if the negligence of a truck driver, trucking company, or another party causes a fatal collision.
• Workplace Accidents: Despite safety regulations, workplace accidents still occur, particularly in industries such as construction, manufacturing, and oil and gas. These accidents may involve falls, electrocutions, machinery malfunctions, or exposure to hazardous substances. If an employer’s negligence contributes to a fatal workplace accident, the surviving family members may have grounds for a wrongful death lawsuit.
• Medical Malpractice: Medical errors can lead to devastating consequences, including wrongful death. Examples of medical malpractice that may result in wrongful death include surgical errors, misdiagnosis or failure to diagnose serious conditions, medication errors, and birth injuries. If a healthcare provider’s negligence causes a patient’s death, the surviving family may pursue legal action.
• Defective Products: When a defective product causes someone’s death, it may give rise to a wrongful death claim. This could include products such as faulty automotive parts, dangerous pharmaceutical drugs, or defective medical devices. Manufacturers, distributors, and retailers may be held liable for deaths caused by their defective products.
• Premises Liability: Property owners have a duty to maintain safe premises for visitors. Failure to address hazards such as slippery floors, inadequate security, or dangerous conditions can lead to fatal accidents. If someone dies as a result of a property owner’s negligence, their family may pursue compensation through a wrongful death lawsuit.

Documenting Every Detail

Handling Insurance Companies after Wrongful Death

• Gather Documentation: Collect all relevant documents related to the wrongful death claim. This may include the death certificate, medical records, police reports, witness statements, and any correspondence with the insurance company.
• Understand Your Policy: Review the insurance policy to understand the coverage, exclusions, and limitations. Knowing what the policy covers will help you determine what you are entitled to under the terms of the agreement.
• Notify the Insurance Company: Inform the insurance company of the wrongful death claim as soon as possible. Provide them with all necessary documentation and information they request.
• Consult Legal Counsel: Consider seeking legal advice from an attorney experienced in wrongful death cases. They can provide guidance on your rights, help negotiate with the insurance company, and represent you in legal proceedings if necessary.
• Document Everything: Keep detailed records of all communication with the insurance company, including phone calls, emails, and letters. Note the date, time, and content of each interaction.
• Be Cautious: Insurance companies may try to minimize their liability or offer a low settlement amount. Be cautious when dealing with insurance adjusters and do not accept any settlement offers without consulting your attorney.

• Wrongful Death Damages: Texas law allows surviving family members to seek compensation for damages resulting from the wrongful death of a loved one. These damages typically include loss of companionship, lost financial support, mental anguish, and other losses suffered by the surviving family members.
• Economic Damages: Economic damages aim to compensate for the financial losses resulting from the death. This may include medical expenses related to the deceased's final injury or illness, funeral and burial expenses, lost income and future earnings, and any other financial support the deceased would have provided to their family.
• Non-Economic Damages: Non-economic damages are intended to compensate for the emotional and psychological impact of the loss. This can include pain and suffering experienced by the deceased before death, as well as the grief, sorrow, and mental anguish experienced by the surviving family members.
• Punitive Damages: In cases where the defendant's actions were particularly egregious or reckless, punitive damages may be awarded. These damages are meant to punish the defendant and deter similar behavior in the future rather than compensate the plaintiff directly.
• Survival Action: In addition to wrongful death claims, Texas law also allows for survival actions. These claims are brought on behalf of the deceased's estate and seek compensation for the pain and suffering endured by the deceased between the time of injury and death. Any damages awarded in a survival action become part of the deceased's estate and are distributed according to their will or state law if there is no will.
• Insurance Coverage: Depending on the circumstances of the accident, there may be insurance policies that provide coverage for wrongful death claims. This could include auto insurance, homeowner's insurance, or liability insurance held by the responsible party.
• Workers' Compensation Benefits: If the wrongful death occurred in the workplace, the surviving family members may be entitled to workers' compensation benefits, including compensation for medical expenses, lost wages, and death benefits.
• Social Security Benefits: Surviving spouses, children, and, in some cases, dependent parents may be eligible for Social Security survivor benefits following a wrongful death. These benefits can provide financial support to help offset the loss of income from the deceased.