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What Qualifies as a Wrongful Death Lawsuit?

What qualifies as a wrongful death lawsuit varies on the facts of the accident and the laws that apply. What doesn’t change is the grief, sadness, sense of loss, and anger when a loved one is suddenly taken away. If your loved one was killed by negligence or an intentional act, your family might obtain compensation for your losses through a wrongful death lawsuit. A cause of action for wrongful death exists in Texas when a person is killed because of another’s “neglect, carelessness, unskillfulness, or default.” The person’s spouse, children, or parents, or the executor of the estate may be able to file a wrongful death claim. It would be filed against the responsible parties to cover financial losses and emotional suffering. [...]

What is an Uncontested Divorce?

Divorce can be one of the most devasting and adversarial experiences couples go through, but the process is made easier when a divorce is uncontested. So, what is an uncontested divorce? If you and your divorcing spouse can communicate and agree on the issues, Texas allows you to file for an uncontested or “agreed” divorce. This is a simplified process that is relatively fast, and you may qualify if you meet the criteria that includes: Both spouses agree to a divorce and on the “grounds” for the divorce You do not have minor children together, own property together, have retirement benefits to divide, or seek alimony There are no ongoing bankruptcy cases. Even if your divorce is uncontested, one spouse still has to get [...]

Handling Joint Custody Arrangements in the COVID-19 Pandemic

Joint custody can become more complicated during the COVID-19 pandemic. Both parents should be flexible and prioritize their child’s well-being ahead of their own needs and any animosity they may feel toward the other parent. If you are having conflicts over child custody, Evans & Herlihy is here to help. Physical and legal custody (or "conservatorship" as Texas law calls it) describes your legal relationship with your child if there’s a court order. Most orders have both parents as Joint Managing Conservators (JMCs). A court will go this route unless there’s a reason not to (such as domestic violence, drug use, mental illness). In this situation, both parents make decisions about their child’s education, medical treatment, and o[...]

Who Gets the Money in a Wrongful Death Settlement?

Who gets the money in a wrongful death settlement is based on Texas law. If your family member died due to the negligence or intentional act of another party, you might be able to file a wrongful death claim against those responsible. The settlement money is paid to a surviving spouse, children, parents, or estate. If your family suffered the loss of a loved one because of the actions of another party, Evans & Herlihy may be able to help. There’s practically no limit to the situations that can be the basis of a wrongful death lawsuit. Loved ones are killed every day due to the negligence or intentional acts of others. These lawsuits try to hold the responsible parties accountable and provide compensation for the losses suffered by fami[...]

Can You Sue a Hospital for Wrongful Death?

It’s a fact of life that some hospital patients will die, but if the death of your family member was caused by negligence, you may be asking yourself, can you sue a hospital for wrongful death? You can if the facts and law support such a claim. You can talk to the attorneys at Evans & Herlihy to discuss whether this kind of lawsuit is right for your family. You may file a wrongful death lawsuit if, under Texas law, a family member dies because of another’s “neglect, carelessness, unskillfulness, or default.” A case could involve the hospital if it played a role in your loved one’s death. If the hospital’s actions causing the death were grossly negligent or willful, you might be entitled to a punitive damages award. It wou[...]

Can You Sue a Nursing Home for Wrongful Death?

If a member of your family died in a nursing home because of negligence or an intentional act, can you sue a nursing home for wrongful death? How that may play out depends on the facts and applicable laws. There may be an arbitration clause in the admission paperwork. That clause can’t stop a wrongful death claim, but it might not go to court. Under Texas law, there can be liability for a wrongful death claim if you can show: An injury caused a person’s death. The injury was caused by an individual, a group of individuals, a company, or a corporation, or an agent or employee of the individual, company, or corporation. The party committed a wrongful act, neglect, carelessness, or unskillfulness. When can you sue a nursing[...]

ATV Accidents Can Cause Serious Injuries

ATV accidents can cause serious injuries, but they still attract riders because they can get you to remote spots and are fun to use. All those benefits disappear, however, the moment a severe ATV accident happens. Whether you were working, hunting, or having fun, if you hit another rider or object, or flip the ATV over, your world may change forever. If you or a family member is severely injured in an ATV accident, you may feel like your life has shattered. In addition to having to earn an income and run a household, a spouse, child, or close family member may have suffered head, neck, or spine injuries that could leave them disabled and require your assistance. You need help not just medically, emotionally, and financially, you need[...]

Domestic Violence Resources in Austin to Contact for Help

Cities across the country have seen a frightening rise in domestic violence cases since the COVID-19 coronavirus pandemic began, according to numerous reports. In Austin, calls to a local domestic violence hotline jumped by 15% during a single week when stay-at-home orders were first put in place, according to an article in The Statesman. And as the weeks go on, domestic violence incidents will almost certainly grow. Because of the significant jump in abuse incidents, we wanted to make community members aware of domestic violence resources in Austin, the state and the nation. Spouse abuse, child abuse and abuse of any vulnerable person are not okay. It is important that you know where to turn for help if you or a loved one is being abus[...]

Can I Sue Juul for Getting Me Addicted?

Vaping quickly became one of the nation’s largest health concerns in 2019 when nearly 1,500 people suffered serious health complications and dozens died from what is now being called vaping-related lung injury. People now have many questions, one of which is, “Can I sue Juul for getting me addicted?” As the vaping industry and safety officials get to the bottom of the causes of the 2019 outbreak, people are now understanding that this supposedly “safe” alternative to smoking isn’t so safe after all. Let’s talk about what we know and what you can expect if you want to file a lawsuit against Juul. Can I File a Lawsuit Against Juul for a Nicotine Addiction? Under our legal system, you can file a lawsuit against pretty much[...]

Risks of Working the Night Shift

Do you work the late shift? Alternative shift workers face several hazards. If your work hours occur when most people are asleep and you sleep when most people are awake, you might suffer from the effects Shift Work Disorder, which is characterized by disturbances in sleep patterns, including insomnia, non-restorative sleep, and excessive sleepiness. People who suffer from SWD (sometimes called Shift Work Sleep Disorder) might feel fatigued at work, especially if they are working extended work hours, which is common in shift work. Other symptoms include impaired cognitive abilities, anxiousness and irritability, unintentionally falling asleep on the job, reduced job performance, and increased incidence of on-the-job injuries. Who is at [...]

As Heat Sets In, Remember How Hot Your Car’s Interior Can Get

Every year, horrifying stories appear in the news about young children dying of heatstroke in hot cars. Sadly, despite widespread media coverage and educational efforts by organizations such as the National Safety Council, this epidemic — one of the leading causes of vehicular death for children under 15 (second only to crashes) — is not going away. In 2018, 51 children died of pediatric vehicular heatstroke, making it the deadliest year on record. Many parents believe this is something that just won’t happen to them. That “forgetting” a child is an issue of negligence. This is a dangerous mindset. As quoted in USA Today, psychologist Gene Brewer of Arizona State University said, “Often these stories involve a distracted pare[...]

Safe Driving Tips as We Enter the “100 Deadliest Days”

For teenagers, summer is synonymous with freedom, fun, and hanging out with friends. Days are longer, schedules are flexible, and curfews may be relaxed. As the parent of a teenager, you can enjoy this phase of your child’s life while being smart and aware. It’s your job to set rules and educate your kids about how to drive safely. In 2016, 1,050 people were killed in a crash involving a teenager between Memorial Day and Labor Day — a 14 percent increase over the rest of the year. And this wasn’t a fluke. There’s a reason this annual period is called the 100 Deadliest Days: as school lets out, more teens hit the road, and more collisions occur. If you or a loved one has been hurt in a motor vehicle accident, call the Austin [...]

Can Lawmakers Make Texas Roads Less Deadly?

While traffic fatalities in Texas decreased slightly from 2016 to 2017 — from 3,794 to 3,721, a decline of 1.92% — the state still holds the disgraceful distinction of leading the nation in motor vehicle deaths. In 2017: One reportable accident happened every 59 seconds. One person was injured every 2 minutes, 4 seconds. One person was killed every 2 hours, 21 minutes. Clearly, we have a long way to go in making the roads safer. If you’ve been hurt in a car wreck or you’ve lost a loved one in a collision, call the Texas car accident and wrongful death lawyers at the Evans & Herlihy Law Firm. Can the Government Help Eliminate Traffic Deaths? Lawmakers and state agencies are well aware of our dismal record when it comes [...]

Child Seat Safety Is Highly Questionable in Texas

The statistics are alarming. Motor vehicle accidents are the leading cause of death for children ages 3 to 14 in the United States. In 2016, 35% of kids who died in crashes were not restrained at all. Even among parents who do use car seats and other restraints for their young children, misuse is rampant. An estimated 72% to 84% of kids are not properly buckled into correctly installed seats appropriate for their age and size. This is startlingly incongruous with another stat: 96% of parents say they believe their children’s seats are installed the right way. This ignorance puts young lives in danger — across Texas and the entire country. The good news: Texas lawmakers, led by representative Chris Turner of North Texas, are taking[...]

The Rights of the Father

Fathers have more rights today than they had years ago when mothers were almost always granted primary custody of the children, but many divorcing fathers still must struggle to obtain them.  This can happen even though in today’s world both parents often work, fathers may be the stay-at-home parent and may actively participate in their children’s lives, and the importance of children having a father’s presence has been recognized. Children who do not have a father in their lives suffer many negative effects, such as being more likely to use drugs or drop out of school. Texas law recognizes the father’s equal right to be considered as the primary conservator, and courts are more likely to award custody to fathers than they u[...]

Biker Safety Becomes Focus in May

Motorcycle safety is your responsibility. That’s true whether your ride of choice is a Harley, a Prius, an F-150, an 18-wheeler, or anything in between. Especially in Texas, which holds the distinction of having the 2nd-highest number of bikers in the country, it’s imperative that all drivers remain aware of their surroundings and keep an eye out for motorcycles, which are smaller than other vehicles and offer little protection for their riders. According to the Texas Department of Transportation, 501 people on motorcycles were killed in the state in 2017. The National Highway Traffic Safety Administration states that motorcyclists are 28 times more likely to die in an accident than people in other types of vehicles. And that’s [...]

2019 Prom Safety in Austin

The season is fast approaching. For many high school students, prom is the highlight of the school year — the gorgeous gowns and sleek tuxedos, elegant dinner, the ritual of the corsage and boutonniere, and, of course, the dance itself. As a parent, you may send off your son or daughter and marvel at just how grown-up they’ve become. But it’s important to remember that behind the makeup and fancy clothes, your child is still ... well, a child. Teenagers may look like they’re on the verge of adulthood, but their decision-making skills haven’t fully matured and they lack critical experience behind the wheel. It’s your responsibility to talk to your kid about staying safe on the road and to make it easy for them to get out o[...]

Why Texas is Considering Waiving Driving Tests for Teens

Texas roads are hazardous places. That’s especially true for teenagers, who may lack the critical-thinking ability and experience necessary to avoid dangerous situations and make those on-the-fly judgments so essential for safe driving. But, as reported by Houston Public Media, Texas State Representative James White — Republican representing District 19 — wants to make it easier for young people in the state to get a driver’s license. He has filed a bill to revoke the current requirement, which states individuals under the age of 18 must pass a test administered by the Texas Department of Public Safety in order to receive a license. White’s bill would allow a parent to administer the test to their child — as was the case[...]

Pay Attention, Texas: Observing Distracted Driving Awareness Month

April is Distracted Driving Awareness Month As the Evans & Herlihy Law Firm and the National Safety Council observe Distracted Driving Awareness Month in April, help us by doing your part to keep Texas roads safe. Distracted driving is nothing new. People have been eating, touching up makeup, and fiddling with the radio dial while behind the wheel since long before cell phones became part of the equation. But as much as advancements in technology have improved our lives and ability to communicate, they haven’t done many favors for our driving. In addition to all of the old-school distractions, we now have dashboard touch-screens, GPS devices, and those ever-present smartphones to tempt our eyes away from the road. Don’t endanger[...]

Grim News for Texas Pedestrians

Things are bad on Texas roads. In fact, we’re nearing the top of the list of states with the most pedestrian deaths. Our state’s increase in pedestrian fatalities is part of a bigger trend. In other words, the pedestrian safety problem is bad everywhere, but it’s particularly scary in Texas. Just how bad is it? During the first six months of 2018, the number of pedestrian deaths in the Lone Star State increased by 32 percent from the year before, bringing the total number of pedestrian fatalities during the front end of 2018 to 298. Only Georgia saw an increase that big from 2017 to 2018. This is a National Trend, Too An increase in pedestrian deaths isn’t unique to Texas. Nationally, there’s been a 35 percent increase in pe[...]