Lago Vista Wrongful Death
Experienced Legal Help from Our Wrongful Death Lawyers in Lago Vista Makes a Difference
When a loved one passes away due to the negligence of another, the ability of their family to grieve appropriately is virtually impossible. Their sadness is marred by feelings of anger—this death simply did not have to happen. The trauma can seem overwhelming on top of everything else you now have to deal with.
In situations like this, surviving family members may be able to file a wrongful death lawsuit and receive compensation for their losses. Clearly, settlements like this don’t make losing a loved one easier, but they can help financially. Sadly, the death of a loved one not only results in an emotional void but quite often a financial one as well. The impact of loss can be felt on so many different levels.
If you have lost a loved one due to the negligence of an individual or organization, work with our skilled wrongful death attorneys in Lago Vista to get the help you need.
The legal process is complicated and you will need help navigating it. Our Lago Vista, TX, wrongful death lawyers at Evans & Herlihy are well-versed in Texas law. We know what needs to be done to get you the financial compensation you need and deserve. Our attorneys believe that negligent parties should be held accountable for their actions. That is why we are dedicated to getting justice for families suffering the worst possible loss.
Lago Vista Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Lago Vista, Texas, Can Help You Determine Whether You Have a Case
“Was our loved one a victim of wrongful death?” We are asked this question all the time. Honestly, it is difficult to comprehend that someone would behave so irresponsibly that another person could lose their life. The thing is—it happens with alarming frequency. If you are asking the questions, it is very possible that a wrongful death case is appropriate in your situation.
We help you understand the definition of wrongful death under Texas law, 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 resulting from a person’s or his agent’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
At Evans & Herlihy, our wrongful death lawyers in Lago Vista will investigate your case and evaluate the relevant factors. Based on our knowledge and experience, we will let you know if you have a valid claim for wrongful death. Let us help you make this important determination.
Common Causes of Wrongful Death in Lago Vista, Texas
A wrongful death may occur in any number of situations. 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:
- Motor Vehicle Accidents: Wrongful deaths often occur as a result of car, motorcycle, and truck 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). Other times a collision resulting in death is caused by incorrect or inadequate traffic signs, poor road conditions, or even malfunctioning vehicles.
- Slip and Fall Accidents: A slip and fall can be a deadly situation, especially for older adults. If the slip and fall is caused by another’s negligence, the resulting death may make the surviving family members eligible for compensation.
- Work Accidents: Employers must adhere to safety laws and provide their employees with a safe 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 death include falls and machinery and equipment accidents. A Lago Vista wrongful death lawyer can help determine if the accident that harmed your loved one qualifies for potential compensation.
- Defective Products: Corporations are responsible for manufacturing safe products. The reality is that defects are often not discovered until accidents happen. Sometimes, issues occur in manufacturing, making certain products dangerous and even deadly. Manufacturers should be responsible for their negligent acts.
- Property Accidents(Premises Liability): Owners of homes and of commercial businesses are responsible for keeping their property safe. If their negligence results in a person’s unfortunate death (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 Cases: Doctors, pharmacists, nurses, and even healthcare systems can commit errors that result in the death of a patient. When this happens, a wrongful death lawsuit due to medical malpractice can be filed.
- Pedestrian Accidents: Texas has a high rate of pedestrian deaths. Pedestrians have no protection from negligent drivers or other hazards. A wrongful death case may hold the responsible party legally and financially liable.
The Evans & Herlihy wrongful death attorneys in Lago Vista can review the events that led to your loved one’s death and let you know if a wrongful death case is right for your situation.
Who Can File a Wrongful Death Claim in Lago Vista, Texas?
Texas law clearly outlines who has the legal right to file a wrongful death lawsuit. These individuals include:
- The surviving spouse
- Any children or step-children (regardless of age)
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, any compensation earned in the case is distributed based on the decedent’s will. If the decedent passed without a will, the compensation is distributed according to Texas intestacy laws.
These lawsuits must be filed within the timeline as established by the statute of limitations. In Texas, this means that you must file within 2 years from the date that your loved one died. Let a Lago Vista, TX, wrongful death attorney help you file in time.
Compensation in Wrongful Death Cases
Many families want to know what compensation is available in a successful wrongful death case. They may be entitled to a settlement, which is an agreed-upon amount to dismiss the lawsuit. If the defendant will not settle, the family may be entitled to compensation from a judge or jury trial.
In Texas, wrongful death damages are divided into three categories. These are:
- Economic Damages: These are damages that can be easily calculated based on objective criteria and documentary evidence. They often include medical costs (for treatment prior to death), funeral expenses, loss of future earnings had the decedent lived, and loss of future benefits.
- Non-Economic Damages: These damages are more difficult to quantify but are still very real. These damages often include pain and suffering for the family, grief, loss of companionship and support, as well as the suffering the decedent went through before their death.
- Punitive Damages:Punitive (exemplary) damages are meant to punish defendants. They are meant to serve as a deterrent for future bad behavior. These are permitted only in cases where the defendant’s actions were particularly reckless or malicious.
These damages can help you and your family get your lives back together. They can help mitigate the financial impact of your loved one’s loss so you can focus on grieving them properly.
Our wrongful death attorneys in Lago Vista know how to help you through this difficult time.
Contact Our Lago Vista, Texas, Wrongful Death Attorneys Today
Learn Why Clients Choose Us
Grief is a powerful emotion. Those going through it may find it difficult to make it through the day, much less manage a legal process. At Evans & Herlihy, our Lago Vista wrongful death lawyers have a proven reputation for success in cases like these. We provide the highest quality service in all our personal injury cases.
Our professionals understand 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.
We offer superior service in Lago Vista, Texas, because of our:
- Experience: We have decades of experience representing Texas families in wrongful death cases.
- Approach: We appreciate the sensitive situations in which we operate. Our attorneys and staff are sympathetic communicators but aggressive negotiators and litigators.
- Reputation: We are well-known for our record of success in wrongful death claims.
When you work with the Evans & Herlihy Lago Vista 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 have lost a loved one due to the wrongful actions of another, contact us today at (512) 732-2727 to schedule a consultation. We can help you move forward and seek the compensation you deserve.