Elgin Wrongful Death Lawyer
Experienced Legal Help From Our Wrongful Death Lawyer in Elgin Makes a Difference
Losing a loved one when you don’t expect it always feels like a theft. When that loved one is taken from you due to the negligent action or inaction of another, the grief is unimaginable. It’s hard to get past the angry thought that their death simply did not have to happen.
But the death of a loved one can lead to financial struggles as easily as it can emotional struggles. Loss of income, hospital bills, and funeral costs are all common. In situations like these, surviving family members may be able to file a wrongful death lawsuit and receive compensation for their losses. Settlements can’t return your loved one, but they can help financially and give you a sense of justice in the face of your loss.
If you lost a loved one due to the negligence of an individual or organization, our skilled wrongful death attorney in Elgin can help.
Wrongful death cases are both complex and emotionally challenging. It helps to have support. Our Elgin, TX, wrongful death lawyers at Evans & Herlihy are well-versed in Texas law; we know how to get you the compensation you need and deserve. Our attorneys believe that those responsible for your loved one’s death should be held accountable for their actions. We are dedicated to bringing justice to families suffering the worst possible loss.
Elgin Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Elgin, TX Can Help You Determine Whether You Have a Case
The first thing to establish in a consultation is whether the death of your loved one constitutes wrongful death. The definition of wrongful death in Texas is outlined in Tex. C.P.R. Chapter 71 . To summarize, wrongful death is death as a result of an individual, agent, or organization’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
At Evans & Herlihy, our wrongful death lawyers in Elgin will listen to your situation and evaluate all relevant factors. Based on our knowledge and experience, we can let you know if you have a valid claim to file a wrongful death lawsuit.
Common Causes of Wrongful Death in Texas
There are numerous causes of wrongful death. Some of the most common causes of wrongful death in Texas include, but are not limited to:
- Vehicular Accidents: Wrongful death commonly occurs 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), at other times accidents can be caused by negligent road design like inadequate or incorrect traffic signs or poor road conditions. Malfunctioning vehicles can also lead to car accidents resulting in death.
- Work Accidents: Employers are responsible for adhering to safety laws and providing their employees with a safe workplace. Work accidents that result in wrongful death may include falls and machinery and equipment accidents. Our Elgin wrongful death lawyer can help determine if the accident that killed your loved one qualifies.
- 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 products dangerous and even deadly.
- Property Accidents ( Premises Liability): Residential and commercial property owners are responsible for keeping their property safe. If their negligence results in an issue in which someone loses their life (e.g., falling from an unsafe balcony or suffering from electrical shock), they can be held responsible.
- 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.
If you think that your loved one may have been the victim of a wrongful death, Evans & Herlihy can review your case in a free consultation and determine the next best steps.
Who Can File a Wrongful Death Claim in Elgin, Texas?
Texas law clearly defines eligible wrongful death claimants as the surviving spouse, any children (regardless of age), and parents of the deceased.
These lawsuits must be filed within the timeline as established by the statute of limitations. In Texas, you must file within 2 years from the date that your loved one died.
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?” The answer varies from case to case, but it is possible to provide an overview of the damages that can be awarded.
In Texas, wrongful death damages are divided into three categories.
- Economic Damages: Concrete financial damages that are easy to calculate. Economic damages 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. This could 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:In extreme cases in which the actions of the defendant were especially reckless or malicious, punitive (exemplary) damages are awarded to punish defendants and serve as a deterrent for future behavior.
Many factors are taken into account when determining damages, such as:
- The age, earning potential, and responsibilities of the victim
- The specific situation that caused the death
- The victim’s assets.
Once a settlement has been declared, it is 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, so there’s no potential of jail time for the defendant. A separate criminal trial would need to be held to determine criminal guilt. However, when the criminal case is dismissed, civil suits can sometimes offer the family a sense of justice.
Evans & Herlihy Is Well-Positioned to Help You
Winning Elgin Wrongful Death Lawsuits – Experience Matters
In order to win a wrongful death lawsuit, our Elgin wrongful death lawyers must be able to prove negligence. This is a challenging task under the best of circumstances. They will have to show that the actions or inactions of the defendant caused the death of your family member.
First, our Elgin wrongful death attorney must prove that there was a duty of care, meaning the defendant had a legal responsibility to behave in a certain way. For example, individuals operating a motor vehicle must follow the local traffic laws; business owners must provide a safe place to work, one that follows all laws, rules and regulations; and so on.
Once a duty of care has been established, our attorney must then prove that the defendant breached this responsibility. Let’s say your loved one was killed in an automobile accident, and the driver who hit him was traveling at three times the speed limit. This excessive speed would qualify as a breach of duty of care.
Finally, your attorney must show that the behaviors of the defendant directly caused the death of your loved one. In some cases, causation can be incredibly difficult to prove. Our Elgin wrongful death attorneys will leverage their knowledge and experience in wrongful death cases to help prove your case.
Contact Our Elgin Texas Wrongful Death Attorney Today
Learn Why Clients Choose Us
Grief is a powerful emotion. Just making it through the day is hard enough, let alone going through a legal process. At Evans & Herlihy, our Elgin wrongful death lawyers have a proven reputation for successfully handling wrongful death cases. We are known for providing the highest quality service in all of our personal injury work.
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.
Consider entrusting your case to us because of our:
- Experience: We have decades of experience handling wrongful death cases in Texas.
- Approach:We appreciate the sensitivity and gravity of the situation. Our professionals are sympathetic communicators but aggressive negotiations and litigators.
- Reputation: We have a well-known record of success.
When you hire the Evans & Herlihy Elgin wrongful death lawyers, 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 lost a loved one due to the wrongful actions of another, contact Evans & Herlihy today at (512) 732-2727. Schedule a consultation so we can help you move forward.