WHEN A LOVED ONE DIES UNEXPECTEDLY DUE TO SOMEONE ELSE’S FAULT, OUR WRONGFUL DEATH ATTORNEY CAN HELP OBTAIN COMPENSATION FOR YOUR LOSSES.
Losing a loved one is tragic. The death often results in financial hardship for surviving family members as they are left with no source of income or long-term support. Medical bills and funeral costs place additional strain on those who are struggling with grief. When the death was a result of negligence, it’s not surprising that anger arises. If your loved one has passed away due the negligence of others, you may be able to obtain a settlement to compensate you for your losses.
The Austin wrongful death attorneys at Evans/Reilly can help you manage this process.
Quite honestly, you are working through an awful experience. Embarking on a legal battle is a lot to endure. Let us help you. Contact our team today at (512) 732-2727 to schedule a free consultation.
Why Work with Evans/Reilley?
Our Wrongful Death Attorneys Know How to Handle Cases Like Yours
The wrongful death attorneys at the Evans/Reilley Law Firm know how the unexpected death of a family member affects survivors. When minor children are involved, the family may worry about providing for them. While no amount of money can bring your loved one back, compensation from a wrongful death lawsuit can help alleviate the financial strain resulting from their death.
Our team is ready to go to work for you. We assume responsibility for the entire legal process, from conducting an investigation to representing you in court, if necessary. You can rely on us to manage all aspects of your wrongful death lawsuit, always keeping you informed of our progress.
We will leverage our knowledge, experience, and proven approach on your behalf to help prove your case, maximize your settlement, and minimize the anxiety and stress that often accompany legal action.
How Our Wrongful Death Attorney Can Help You
Managing All Aspects of Your Case Is Our Responsibility
The steps involved in a wrongful death lawsuit are numerous and complicated and require legal knowledge and experience to complete appropriately. Our team knows what needs to be done and how to do it. As your Austin wrongful death attorneys we will:
- Evaluate the facts of your case
- File all paperwork and handle all legal procedures and court appearances
- Conduct investigations
- Interview witnesses and first responders
- Engage experts to reconstruct the accident and provide testimony as to how it occurred, who was at fault, and how the loss of your loved one affects your life
- Communicate and negotiate on your behalf with insurance companies and their lawyers
- Build your case and represent you in court, if necessary.
Our Austin wrongful death lawyer will communicate and work with you, answering your questions and concerns and keeping you informed as to the status of your case.
Understanding the Issues Surrounding Wrongful Death Lawsuits
Examples of Wrongful Death Situations
Texas Statutes section 71.001 states that an action for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. Common situations which may result in a wrongful death include:
- Vehicle Accidents
- Medical Malpractice
- Work Accidents
- Defective Products
- Property Accidents.
Negligence in any of the instances that result in the death of an individual can be cause for legal action. Your Austin wrongful death attorney can review the incident and confirm whether you have a viable case.
Proving Negligence Is Crucial
In order to be successful, our Austin wrongful death lawyer must prove that the defendant(s) in the case were negligent and at fault for causing the accident that led to the death of your loved one.
Proving fault in a wrongful death lawsuit means showing the following elements exist:
- Duty: The defendant had a duty of care not to cause harm
- Breach: The defendant breached this duty by acting or failing to act
- Cause: This wrongful act, neglect, or default caused the death that would have entitled the victim to file an action for damages if he or she had not died
- Damages: The victim has surviving beneficiaries, children, or dependents who suffered damages resulting from the death.
Our team understands the complexities inherent in proving negligence and has a record of success in representing our clients in wrongful death lawsuits.
Wrongful Death Damages
In Texas, a victim’s spouse, children, or parents – or the executor of the estate – may pursue a wrongful death claim. The damages they may receive include compensation for the:
- Lost earning capacity of the deceased
- Loss of inheritance, including what the decedent would have reasonably been expected to earn and gift had they lived
- Loss of companionship, society, comfort, household services, and love
- Emotional pain and mental anguish suffered by survivors
- Medical expenses leading up to death
- Funeral expenses.
In rare cases where the act that caused the death was grossly negligent or willful, you may also be entitled to exemplary, punitive damages. These are intended to punish those responsible and deter similar behavior in the future.
Compensation awards take into account the . . .
- Age and family responsibilities of the deceased
- Earning potential and profession of the deceased
- Circumstances and type of negligence that caused the death
- Severity of the wrongdoing
- Available assets and insurance policies of the defendants
- Jurisdiction in which the case is heard and the judge and jury
- Negotiating power and skill of your wrongful death lawyer.
Wrongful death damage awards are divided among the surviving family members in proportion to the injury they suffered due to the death.
The Team at Evans/Reilley Is Ready to Go to Work for You
Contact Us Today
Losing a loved one due to another’s negligence results in waves of emotions. Simply getting through the day can be a challenge. Embarking on a wrongful death lawsuit can seem like too much to handle.
This is where the team at Evans/Reilley can help. We appreciate your situation and are ready to leverage the knowledge and experience of our firm on your behalf. You can rely on us to handle the entirety of your case, allowing you to focus your attention on your family; they need you the most.
If you have lost a loved one due to the negligence of another individual or entity, reach out to us today at (512) 732-2727 to schedule a free consultation. We are proud of our reputation for providing exceptional legal representation in and around Austin and are ready to go to work for you immediately.