Kyle Wrongful Death Lawyer
Experienced Legal Help from Our Wrongful Death Lawyer in Kyle Makes a Difference
When the life of our loved one is cut short prematurely, it can leave a gaping hole in our lives and in our hearts. When this loss is attributable to another person’s negligent behavior, your ability to grieve is disturbed. Your sadness may be interrupted by feelings of anger and frustration as you struggle with the fact that this tragedy was unnecessary.
When struggling with the loss of a loved one due to wrongful death, the surviving family may be eligible to file a lawsuit and collect compensation for their loss. While wrongful death settlements never fill the hole left by the deceased, these settlements can help alleviate the financial burdens caused by your loved one’s passing. Your loved one’s death may have left behind a mountain of debt and diminished future income. The impact of your family’s loss is often experienced on multiple levels.
If your loved one was recently lost to wrongful death due to another’s negligence, it is important to work with wrongful death attorneys in Kyle that you can trust.
The Kyle, Texas, legal process is intricate and sometimes confusing. The wrongful death lawyers at Evans & Herlihy can help you navigate your wrongful death claim. We understand what needs to be done to win you the compensation you deserve.
Our lawyers are ready to fight for your rights and make negligent defendants pay for the reckless and careless actions that took your loved one’s life. We believe that those who do not act responsibly should be held accountable for their actions. We are here to bring justice to the families suffering the worst loss —a wrongful death.
Schedule your free consultation today. Call us at (512) 732-2727. During our initial meeting, we will take the time to answer your questions, learn more about the details of your case, and share the legal paths to recovery available to you.
Kyle Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Kyle, TX, 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 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, outlined in Tex. C.P.R. Chapter 71. To briefly summarize, in Texas, wrongful death is when an individual dies from an inflicted injury resulting from the “wrongful act, neglect, carelessness, unskillfulness, or default” of a person or his agent.
At Evans & Herlihy, our wrongful death lawyers in Kyle 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, while others 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 it will. Work accidents that result in wrongful death include falls and machinery and equipment accidents. Our Kyle wrongful death lawyer can help determine whether 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): 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 all make mistakes that result in the death of a patient. You can file a wrongful death lawsuit due to medical malpractice when this happens.
The Evans & Herlihy wrongful death attorneys in Kyle 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 Wrongful Death Lawsuits in Kyle, TX?
Texas law tells us exactly who holds the right to file wrongful death lawsuits in Kyle. The people with this right are the victim’s surviving children, spouse, and parents.
A wrongful death lawsuit must be filed before the statute of limitations expires. The statute of limitations is a legal deadline, after which you may be barred from filing your lawsuit, no matter how unjust the wrongful death may be. In Texas, the wrongful death statute of limitations is two years from the date your loved one passed away.
If none of the eligible family members chooses to file their lawsuit within the first 90 days, the estate’s executor can lodge a legal claim. If you are acting as the executor to the deceased’s estate, you must understand that any of the family members eligible to file the wrongful death claim can also prevent you from filing a lawsuit.
If the executor does opt to file a legal claim of wrongful death, any awarded compensation would be distributed based on the victim’s will or the laws of Texas.
Wrongful Death Compensation: An Overview
One of the most common questions when discussing wrongful death cases 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 courts can award you.
In Texas, wrongful death damages are divided into three categories. These are:
- Economic Damages: These damages 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 the 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, courts may award these punitive damages to punish defendants and serve as a deterrent for future behavior. These are assigned only when the defendant’s actions are particularly heinous.
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. It is important to understand that wrongful death cases are filed in Texas civil court; thus, jail time is never an option. A separate criminal trial would need to be held to determine guilt and that type of punishment.
Evans & Herlihy is Well-Positioned to Help You
Winning Kyle Wrongful Death Lawsuits – Experience Matters
To win a wrongful death lawsuit, our Kyle, TX, wrongful death attorney must be able to prove negligence – 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. This is a multi-part process.
First, our Kyle 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 local traffic laws. Similarly, business owners must provide a safe workplace that follows all legal rules and regulations.
Once your attorney establishes a duty of care, they must prove that the defendant breached this responsibility. If your loved one was killed in an automobile accident, and the negligent driver was traveling at three times the speed limit, this excessive speed qualifies as a breach of duty of care.
Finally, your attorney must show that the defendant’s behaviors directly caused your loved one’s death. In some cases, causation can be incredibly difficult to prove. Our Kyle wrongful death attorneys will leverage their knowledge and experience in wrongful death cases to help prove your case.
Contact Our Kyle, TX, Wrongful Death Lawyer Today
Why Choose Us for Your Wrongful Death Case?
Grief is one of the most powerful emotions, and it can be overwhelming. When you find yourself in the throes of grief, it may seem impossible to tackle basic tasks, let alone a complicated legal process. The Kyle, TX, wrongful death lawyers at Evans & Herlihy have a sterling reputation for handling wrongful death cases. We are renowned for providing our clients with the highest quality service from start to finish.
Our legal professionals are empathetic to the pain you are experiencing and the undue stress you shoulder in the wake of the wrongful death. We will take on all aspects of your lawsuit, so you can focus on the grieving process and begin to move forward with your life.
Families in Kyle, Texas, choose Evans & Herlihy because of our . . .
- Approach: Our sympathetic advocates know when to apply delicate tactics and when to opt for aggressive negotiations. We will advocate for your rights passionately and relentlessly.
- Experience: Our wrongful death lawyers have decades of experience working on cases in the Kyle area.
- Reputation: Our firm is renowned for its record of success in wrongful death cases.
When you hire Evans & Herlihy wrongful death attorneys to fight for your fair compensation, you can trust that we will work relentlessly to accomplish the best possible outcome for you and your loved ones. We will help you get the settlement you need and rightfully deserve.
Call us today at (512) 732-2727 to set up your free consultation. Once we better understand your situation, we can formulate a plan to help you move forward confidently.