Brushy Creek Wrongful Death Lawyer
Experienced Legal Counsel from Our Brushy Creek Wrongful Death Lawyers Makes a Difference
There are many causes that can lead to the wrongful death of your loved one. In some cases, victims of wrongful death may die instantly, such as during an electrocution incident at work. Others may die several months or even years after sustaining an injury due to illness or complications. All in all, the main legal concept that surrounds wrongful death claims is direct or indirect negligence to the safety of others.
Wrongful deaths emerge from tragedies. However, for insurance companies, even tragedies are opportunities for them to save money. This is why they hire claims adjusters and use their vast legal resources to limit compensation for the wrongful death of your loved one. Adjusters may downplay the economic impact of your loved one’s death or even blame your loved one for their own death.
Knowing what to do after the death of someone you care about is undoubtedly difficult. Thinking about an attorney as you grieve may be the last thing on your mind — we completely get it. But more often than not, it’s the best way to ensure that the dependents your loved one left behind are well taken care of.
You can always rely on Evans/Reilley in the event of a wrongful death case, or any other personal injury claim you face. Our reputable wrongful death law firm in Brushy Creek will bring significant resources to the table, including accident reconstruction experts and medical professionals, in order to prove your wrongful death claim.
When you contact Evans/Reilley for your free case review, our Brushy Creek wrongful death lawyers can help you understand who is eligible to file a wrongful death claim in Texas. We can also help you find out the types of benefits you may receive for your claim. Call us today at (512) 732-2727 to book your free case review.
Brushy Creek Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Brushy Creek, TX, Can Help You Determine Whether You Have a Case
“Was our loved one a victim of wrongful death?” This is one question that is asked of us quite frequently. Honestly, it is difficult to comprehend that someone would behave so irresponsibly that another person could lose their life.
We share with our clients the definition of wrongful death in Texas, which is outlined in Tex. C.P.R. Chapter 71. To briefly summarize, in Texas, wrongful death is when an individual dies from an injury that was the result of the “wrongful act, neglect, carelessness, unskillfulness, or default” of a person or his agent
At Evans/Reilley, our wrongful death lawyers in Brushy Creek will listen to your situation and evaluate the relevant factors. Based on our knowledge and experience, we can let you know if you have a valid claim and should file a wrongful death lawsuit.
Common Causes of Wrongful Death in Texas
There are numerous causes of wrongful death. While some are very specific and may happen only rarely, others do occur more frequently. Some of the most common causes of wrongful death in Texas include, but are not limited to:
- Vehicular Accidents: Unfortunately, wrongful deaths occur as a result of car, truck, and motorcycle accidents. While sometimes one of the drivers is at fault (reckless driving; driving under the influence of drugs or alcohol; or distracted driving, like driving while texting), other times accidents resulting in death can be caused by inadequate or incorrect traffic signs, poor road conditions or even malfunctioning vehicles.
- Work Accidents: Employers are responsible for adhering to safety laws and providing their employees with an appropriate environment in which to work. Unfortunately, just because an individual or organization is supposed to behave in a certain way, this does not guarantee that it will. Work accidents that result in wrongful deaths include falls and machinery and equipment accidents. Our Brushy Creek wrongful death lawyer can help determine if the accident that harmed your loved one would qualify.
- Product Issues: Corporations are responsible for manufacturing safe products. Unfortunately, sometimes defects are not discovered until accidents happen. Or sometimes issues occur in the manufacturing process, making certain products dangerous and even deadly.
- Property Accidents (Premises Liability): Owners of homes and of commercial businesses are responsible for keeping their property safe. If their negligence results in an issue in which someone loses their life (like falling from an unsafe balcony or suffering from an electrical shock), they can be held responsible and face a wrongful death lawsuit.
- Medical Malpractice: Doctors, nurses, pharmacists, and even healthcare systems can all make mistakes that result in the death of a patient. When this happens, a wrongful death lawsuit due to medical malpractice can be filed.
The Evans/Reilley wrongful death attorneys in Brushy Creek can review the events that led to your loved one’s death and let you know if they believe filing a wrongful death suit is in your best interests.
Who Can File a Wrongful Death Claim in Brushy Creek, Texas?
Texas law clearly defines who has the legal right to file a wrongful death lawsuit. These individuals include the surviving spouse, any children (regardless of age), and parents.
If none of the family members files suit within 90 days, the executor of the deceased’s estate can move forward with a lawsuit. If you are an executor, it is important to understand that any of the surviving family members listed above can prevent you from filing.
Should the executor file a lawsuit, compensation awarded would be distributed based upon the directions as outlined in the will of the deceased or the laws of the state.
Wrongful Death Compensation: An Overview
One of the most common questions asked when wrongful death cases are being discussed is “How much will my settlement be?” While this question is impossible to answer specifically, it is possible to provide an overview of the damages that can be awarded.
In Texas, wrongful death damages are divided into three categories. These are:
- Economic Damages: These damages are those that can be easily calculated. They may include medical expenses (for treatment prior to death), funeral expenses, loss of future earnings, and loss of future benefits.
- Non-Economic Damages: These damages are more difficult to quantify but are still very real. Among the components of this part of a settlement can be emotional pain of the surviving family; physical pain and suffering of the deceased before death; anxiety experienced by loved ones; loss of companionship; and loss of consortium.
- Punitive Damages:Not appropriate in every case, punitive (exemplary) damages are awarded to punish defendants and serve as a deterrent for future behavior. These are assigned only when the actions of the defendant were particularly reckless or malicious.
In determining damages, many factors are taken into account, including the age, earnings potential, and responsibilities of the victim; the specific situation that caused the death; and the victim’s assets.
Once a settlement has been declared, it will be divided among the surviving eligible family members in proportion to their loss. It is important to understand that wrongful death cases are filed in civil court in Texas – thus, jail time is never an option in a wrongful death lawsuit. A separate criminal trial would need to be held to determine guilt and that type of punishment.
Evans/Reilley Is Well-Positioned to Help You
Determining Liability in a Texas Wrongful Death Case
When it comes to wrongful death claims, you — the plaintiff — must prove that the defendant’s negligence led to your loved one’s death. You must also show that reasonable precautions were taken by your loved one to prevent the accident from happening or that they sought medical care after the incident.
At Evans/Reilley, our wrongful death attorneys in Brushy Creek always go above and beyond to build the best possible cases for our clients. Here are some important pieces of evidence that we will use to determine liability for your wrongful death claim:
- Medical reports
- Accident scene photos and videos
- Accident reports
- Remnants of any defective product or safety equipment involved.
For example, your loved one may pass on after a slip and fall accident in the workplace or in a commercial building. At Evans/Reilley, our wrongful death lawyers in Brushy Creek will look into the facts of your case to determine what led to your loved one’s injuries and untimely death and unearth all liable parties. Common causes of slip and fall accidents that may cause catastrophic injury or death include broken handrails, poor lighting, spills, and improperly placed wires and cords.
The sooner you reach out to a Brushy Creek, TX, wrongful death attorney, the stronger your wrongful death case will be. Be sure to call (512) 732-2727 right away even if you are unsure whether you have a valid wrongful death claim in Texas. Our legal team will compassionately listen to you and advise you regarding your legal options.
Contact Our Brushy Creek Texas Wrongful Death Attorney Today
Learn Why Clients Choose Us
Grief is a powerful emotion, and those in the throes of it may find it difficult to make it through the day, much less manage a legal process. At Evans/Reilley, our Brushy Creek wrongful death lawyers have a proven reputation for successfully handling cases like this. We are known for providing the highest quality service in all our personal injury cases.
Our professionals appreciate the pain you are feeling and the stress you are under. We will handle aspects of the lawsuit allowing you the time to process your loss and begin to rebuild your life.
Clients in Brushy Creek, Texas choose us because of our:
- Experience: We have decades of experience handling wrongful death cases in Texas.
- Approach: We appreciate the sensitive situations in which we operate. Our professionals are sympathetic communicators but aggressive negotiations and litigators.
- Reputation: We are well-known for our record of success.
When you engage the Evans/Reilley Brushy Creek wrongful death lawyers, you can rest assured that we will work tirelessly to achieve justice for your loved one. We are committed to proving your case and helping you get the settlement you need and deserve.
If you have lost a loved one due to the wrongful actions of another, contact us today at (512) 732-2727 to schedule a consultation. Once we have a better understanding of what happened, we can help you move forward.