Cedar Park Wrongful Death Lawyer
Experienced Legal Help from Our Wrongful Death Lawyer in Cedar Park Makes a Difference
Losing a loved one is hard enough. When that loss is due to the negligence, carelessness, or wrongful act of another, the pain is even worse, knowing that the loved one’s death was avoidable.
When a family member has died due to another’s negligence, the survivors may be able to file a wrongful death lawsuit. Compensation can’t heal the emotional void, but it can ease the financial burden caused by the loss of a loved one.
If you find yourself in this position, you may be uncertain of your next steps. You need the assistance of an experienced legal team that can help you get the justice and compensation you deserve.
If you have lost a loved one due to the negligence of an individual or organization, working with our skilled wrongful death attorney in Cedar Park is important.
The Cedar Park, TX, wrongful death lawyers at Evans & Herlihy are well-versed in Texas law; we know what needs to be done to get you the compensation you need and deserve. We believe that those who act negligently should be held accountable for their actions, and we are dedicated to helping to bring justice to families who have suffered from this terrible loss.
Cedar Park Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Cedar Park, Texas, Can Help You Determine Whether You Have a Case
“Was our loved one a victim of wrongful death?” This question is asked of us quite frequently. It can be difficult to understand how someone would behave so irresponsibly that another person could lose their life.
The definition of wrongful death in Texas is outlined in Tex. C.P.R. Chapter 71 . Wrongful death occurs when an individual dies from an injury resulting from a person’s or his agent’s “wrongful act, neglect, carelessness, unskillfulness, or default.” Wrongful death differs from intentional homicide, a situation where the person meant to harm or kill the victim.
At Evans & Herlihy, our wrongful death lawyers in Cedar Park will listen to your situation and evaluate the relevant factors. Based on our knowledge and experience, we can let you know whether you have a valid claim and should file a wrongful death lawsuit.
Common Causes of Wrongful Death in Texas
Wrongful death can result from a variety of causes. When one party acts in a negligent or careless way and death is the result, it may be considered a wrongful death. The most frequent causes are:
- Vehicular Accidents: Unfortunately, wrongful deaths occur because of car, truck, and motorcycle accidents. 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); at other times, accidents resulting in death can be caused by inadequate or incorrect traffic signs, poor road conditions, or 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 it will. Work accidents that result in wrongful death include falls and machinery and equipment accidents. Our Cedar Park 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. Defects in design may not be discovered until accidents happen when the product is in use. Products may be sold with hidden flaws, making those items dangerous and even deadly.
- Property Accidents ( Premises Liability): Both owners of homes and commercial businesses are responsible for keeping their property safe. If their negligence results in an issue where 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 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 & Herlihy wrongful death attorneys in Cedar Park 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 Cedar Park, Texas?
Texas law clearly defines who has the legal right to file a wrongful death lawsuit. These individuals include the surviving spouse, 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 surviving family members listed above can prevent you from filing.
Should the executor file a lawsuit, compensation awarded would be distributed based on the directions outlined in the will of the deceased or the state’s laws.
Wrongful Death Compensation: An Overview
One of the most common questions asked when discussing wrongful death cases is, “How much will my settlement be?” While this question is impossible to answer precisely, 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 before 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 only assigned when the defendant’s actions were reckless or malicious.
In determining damages, many factors are considered, including the victim’s age, earnings potential, and responsibilities; 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. Wrongful death cases are filed in Texas civil court; thus, jail time is never an option in the wrongful death case. If the negligence rises to the level of criminal wrongdoing, a criminal trial would have to be held to determine the level of guilt and punishment.
Evans & Herlihy Is Well-Positioned to Help You
Winning Cedar Park Wrongful Death Lawsuits – Experience Matters
To win a wrongful death lawsuit, our Cedar Park wrongful death lawyers must be able to prove negligence. They will have to show that the actions or inactions of the defendant caused the death of your family member. This can be a complex, multi-stage process.
First, our Cedar Park wrongful death attorney must prove the existence of a duty of care. This means that the defendant had a legal responsibility to behave a certain way. For example, individuals operating a motor vehicle must follow the local traffic laws, and business owners must provide a safe place to work that follows all legal rules and regulations.
Once a duty of care has been established, our attorney must prove that the defendant breached this responsibility. Assume your loved one was killed in an automobile accident, and the driver who hit him was greatly exceeding the speed limit. This excessive speed would qualify as a breach of duty of care.
Finally, your attorney must show that the defendant’s behaviors directly caused your loved one’s death. Causation can sometimes be difficult to prove. For instance, if a speeding driver hit your loved one, their attorney may argue that your relative was not wearing a seatbelt or that some of their injuries were caused by the airbag.
This is when having a skilled attorney helps. Our Cedar Park wrongful death attorneys will leverage their knowledge and experience in wrongful death cases to help prove your case.
Contact Our Cedar Park, TX, Wrongful Death Attorney Today
Learn Why Clients Choose Us
Grief is a powerful emotion, and those suffering it may find it difficult to get through the day, much less manage a legal process. At Evans & Herlihy, our Cedar Park 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 all aspects of the lawsuit, allowing you the time to process your loss and begin to rebuild your life.
Consider what Evans & Herlihy offers families in Cedar Park, Texas:
- 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 & Herlihy Cedar Park 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 to 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.