Category: Wrongful Death

• January 5, 2023
• Evans & Herlihy

No one expects their loved one to be taken too soon by a careless or reckless accident. Wrongful deaths are heartbreaking, senseless, and unfair. Picking up the pieces and attempting to move forward can be challenging in the aftermath of a wrongful death tragedy. The potential payout from a wrongful death settlement can provide a glimmer of hope. Find out how long these settlements take and how a Texas personal injury lawyer can help. How a Wrongful Death Lawsuit Can Help Your Family A wrongful death is one of the most tragic personal injuries a law firm takes on. No amount of money can ever replace your loved one. However, a wrongful death settlement can help you and your family in other ways. A wrongful death settlement can provi[...]

• September 8, 2021
• Evans & Herlihy

Proving wrongful death means showing that another party’s neglect, carelessness, unskillfulness, or fault was the cause of the death. Losing a loved one is always a devastating experience, but when the death was caused by someone’s negligence, normal grief may be compounded by anger and the desire to punish the wrongdoer. In addition, after the death, survivors may be left without income or support at a time they are facing medical bills and funeral costs. While money can never replace a loved one, if you have lost a family member due to another party’s negligence or fault, you may be entitled to compensation through a wrongful death lawsuit. A settlement award can ease your financial burdens and help your family function, pay [...]

• January 14, 2021
• Evans & Herlihy

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. [...]

• October 16, 2020
• Evans & Herlihy

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[...]

• September 3, 2020
• Evans & Herlihy

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[...]

• August 12, 2020
• Evans & Herlihy

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[...]

• July 27, 2017
• Evans & Herlihy

In September 2016, the family of Sandra Bland settled a wrongful death lawsuit involving the Texas Department of Public Safety and the Waller County jail. Bland, an Illinois resident who came to Texas for a job interview, died in the jail – the medical examiner determined the cause of death as suicide by asphyxiation. As part of the $1.9 million settlement, the jail must have emergency nurses on staff at all times, perform timely and accurate cell checks with automated electronic sensors, and seek state funding for staff training and inmate screening. Bland was just 28 years old, and while many details of the settlement were not disclosed, one can assume that it accounted for the wages she could have earned in her lifetime. Texas do[...]