Leander Wrongful Death Lawyer
Professional Legal Help from Our Wrongful Death Lawyer in Leander, TX, Makes a Difference
Dealing with a loved one’s death is always difficult, even when they have lived a long and happy life. But when a loved one’s life is suddenly cut short because of the negligent action of another person, the injustice can feel unbearable. The ability of the victim’s loved ones to grieve is interrupted by questions. Loved ones question why these tragedies occur and how another person could act so recklessly as to take another’s life. These questions are interrupted by feelings of anger and sadness. At the core of this tragedy is the acknowledgment that this death did not need to happen.
In these wrongful death situations, the family may be able to file a wrongful death claim and be awarded damages to compensate for their losses. Everyone who has been impacted by a wrongful death understands that these settlements never come close to fixing the loss of life. However, they can help stabilize financial problems caused or affected by the victim’s passing. In many cases, the wrongful death leaves not only an emotional hole in loved ones’ lives but also a financial void. Wrongful death in the family can result in loss on many levels.
After the loss of a loved one, the last thing you may want to think about is legal action. However, protecting your rights by working with our skillful wrongful death attorney in Leander, TX, can be critical to the success of your case.
Texas legal processes are complicated, and we can help you navigate the courtroom and administrative paperwork successfully. Our Leander, TX, wrongful death lawyers at Evans & Herlihy understand local law. We know what we need to do to win you the damage awards you deserve and desperately need. Our lawyers believe in justice. Those who act negligently should be held to account for their actions. Our lawyers are dedicated to helping families like you seek justice and compensation when you are suffering from the worst loss imaginable.
Leander Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Leander, 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 the 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 “wrongful act, neglect, carelessness, unskillfulness, or default.”
At Evans & Herlihy, our wrongful death lawyers in Leander 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 many causes of wrongful death accidents. Some of these accidents are incredibly specific and occur only rarely, while other causes are more common, like car accidents. Some of the causes of wrongful death accidents in Leander are:
- Medical malpractice: Medical professionals like doctors, pharmacists, and nurses all make mistakes. Even healthcare facilities can be held accountable for their errors. Some of these mistakes are considered wrongful and can result in the death of their patient. When medical professionals’ mistakes result in wrongful death, your lawyer can help you file a medical malpractice wrongful death claim to recover your losses.
- Property accidents (premises liability): Building owners owe their visitors a duty to keep their property safe. Failing to do so can be negligent behavior that may result in injury or even loss of life. Examples include suffering from electrical shock or falling through dangerous flooring. These building owners can be held responsible for their part in the wrongful death accident.
- Product issues: Sometimes products have defects or are sold with missing parts. These errors can sometimes result in deadly accidents. The corporations who manufacture the products are responsible for ensuring their products are safe for consumers. Unfortunately, sometimes mistakes in the manufacturing process go unnoticed until an accident occurs. Some malfunctioning products can be deadly dangerous. When this happens, the company can be held to account for its part in the wrongful death.
- Work accidents: Just like building owners, employers owe their employees a level of safety within the workplace. Federal safety laws, like OSHA’s, strive to provide workers with a safe working environment. However, not all employers comply with workplace regulations with regard to safety. Workplace accidents resulting in wrongful deaths still occur. Typical workplace accidents include falling from heights and accidents involving tools and machinery. Our Leander wrongful death lawyer can analyze your workplace accident case to determine if your loved one’s accident qualifies for a wrongful death claim.
- Vehicular accidents: Frequently, wrongful death cases result from the misuse of cars, trucks, and motorcycles. Oftentimes the other driver is responsible for the accident if they were involved in distracted driving, reckless driving, or driving under the influence (DUI). Sometimes, Leander’s wrongful death accidents are caused by government mistakes, like poor traffic signs, malfunctioning traffic signals, or poor road conditions.
The wrongful death lawyers at Evans & Herlihy are here to help. Our wrongful death attorneys in Leander can analyze your case, review the events leading to the wrongful death, and explain your legal options for pursuing justice and fair compensation.
Who Can File a Wrongful Death Claim in Leander, TX?
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, 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 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 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 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 award 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, earning 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. It is important to understand that wrongful death cases are filed in Texas civil court; thus, jail time for the wrongdoer is never an option in this type of case. 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 Leander Wrongful Death Lawsuits – Experience Matters
To win a wrongful death lawsuit, our Leander wrongful death lawyers 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 Leander, TX, 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 Leander wrongful death attorneys will leverage their knowledge and experience in wrongful death cases to help prove your case.
Contact Our Leander, TX, Wrongful Death Attorney Today
Learn Why Clients Choose Us
Grief is a powerful emotion, and those in the throes of it may find it difficult to make it through the day, much less manage a legal process. At Evans & Herlihy, our Leander 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.
Families in Leander, Texas, choose Evans & Herlihy 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 hire the Evans & Herlihy Leander 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 better understand what happened, we can help you move forward.