Georgetown Wrongful Death Lawyer
Experienced Legal Help from Our Wrongful Death Lawyer in Georgetown Makes a Difference
Losing a loved one creates a tremendous void in a family’s life. Emotional trauma, financial burdens, and questions surrounding the tragedy make processing the loss difficult. If the death was due to another person’s negligence, carelessness, or reckless act, you may also feel angry, knowing the death could have been avoided.
If your loved one died in a wrongful death incident, you might be able to file a wrongful death lawsuit. Financial compensation will not bring your loved one back, but it can ease some of the financial strain of losing a family member. You deserve just compensation for your emotional loss and the other person’s negligence.
If you have lost a loved one due to the negligence of an individual or organization, working with our skilled wrongful death attorney in Georgetown is essential to your case.
You may believe you can handle a legal case on your own. However, wrongful death suits can be complicated. The wrongful death lawyers at Evans & Herlihy know Texas law and what needs to be done to get you the compensation you deserve. We are dedicated to helping to bring justice to families suffering the loss of their loved ones.
Georgetown Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Georgetown, TX, Can Help You Determine Whether You Have a Case
Your first question may be, “Was our loved one a victim of wrongful death?” It is hard to understand how anyone can act so carelessly as to cause another person’s death. To most of us, taking another’s life means doing so intentionally.
In Texas, a wrongful death is defined as one caused by another’s “wrongful act, neglect, carelessness, unskillfulness, or default.” Tex. C.P.R. Chapter 71 . This is different from intentional homicide or manslaughter, where a person acts in a way intended to kill or in the knowledge that death is a likely result.
This distinction is why you need the knowledgeable attorneys at Evans & Herlihy. Our wrongful death lawyers in Georgetown will listen to your situation and evaluate the relevant factors. Based on our knowledge and experience, we can let you know the factors that make a valid claim for a wrongful death lawsuit.
Common Causes of Wrongful Death in Texas
Any time a death results from an unintentional action, it may be classified as “wrongful.” Some of the most common causes of wrongful death cases include:
- Vehicular Accidents: These include car, truck, and motorcycle accidents. Sometimes one of the drivers is at fault by driving under the influence, speeding, or texting. Other causes can be inadequate road signs, bad weather, poor road conditions, or vehicle breakdowns.
- Work Accidents: Employers must obey safety laws and provide their employees with an appropriate environment in which to work. If they do not, accidents may result. Work accidents include falls, equipment accidents, machinery failure, and accidents related to overwork or carelessness. Our Georgetown wrongful death lawyer can help determine if the accident that harmed your loved one would qualify.
- Product Issues: Product liability is a “strict liability” duty. Manufacturers are expected to deliver products that are safe and fit for the purpose they are intended for. If design flaws or defects in the manufacturing process result in injury or death, the manufacturers and sellers may be liable for negligence.
- 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 even healthcare systems can 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 Georgetown can review the events that led to your loved one’s death and tell you if they believe filing a wrongful death suit is in your best interests.
Who Can File a Wrongful Death Claim in Georgetown, 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.
These lawsuits must be filed within the timeline established by the statute of limitations. In Texas, you must file within two 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, you should know that the 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
In Texas, wrongful death damages are divided into three categories. These are:
- Economic Damages: These are monetary damages that can easily be 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 are damages without a set dollar amount; in other words, there is no way to produce a receipt or invoice for them. 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; the 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 reached, it will be divided among the surviving eligible family members in proportion to their loss.
If the other party’s actions were unusually negligent or should reasonably have been recognized as hazardous, a criminal case may be needed to determine guilt. However, fines, jail time, or injunctive relief are not available in a civil trial.
Evans & Herlihy Is Well-Positioned to Help You
Winning Georgetown Wrongful Death Lawsuits – Experience Matters
To win a wrongful death lawsuit, our Georgetown wrongful death lawyers must be able to prove negligence. This can be a lengthy, multi-step process.
First, our Georgetown wrongful death attorney must prove the existence of a duty of care. This means that the defendant had a legal responsibility to behave in a certain way. For example, individuals operating a motor vehicle must follow local traffic laws.
After the duty of care has been established, our attorney must prove that the defendant breached or violated this responsibility. For example, if your loved one was killed in a traffic accident, your attorney must show that the other driver was not driving with the requisite care, such as by speeding.
Finally, your attorney must show “causation,” in other words, that the breach of duty directly caused the death of your loved one. For instance, if your family member died after being hit by a speeding driver, your attorney will show that their injuries were directly caused by impact with the speeding vehicle.
Causation can be difficult to prove. Our Georgetown wrongful death attorneys will use their knowledge and experience in wrongful death cases to help prove your case.
Contact Our Georgetown, TX, Wrongful Death Attorney Today
Learn Why Clients Choose Us
Grief is a powerful emotion, and those dealing with it may find it difficult to make it through the day, much less manage a legal process. When you have us working for you, we ensure you don’t need to.
At Evans & Herlihy, our Georgetown 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.
Clients in Georgetown, 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 & Herlihy Georgetown 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.