Lockhart Wrongful Death Lawyer
Experienced Legal Help from Our Wrongful Death Lawyer in Lockhart Makes a Difference
There’s no greater burden than losing someone you deeply care about. It’s even more painful and unbearable when such a loss happens due to someone else’s wrongful acts or negligence. As a result of medical care expenses prior to the passing of your loved one, you and your family may face financial challenges to grapple with. You may also have to deal with other financial troubles, such as funeral costs, as well as emotional burdens, after the wrongful death of your close loved one.
During this difficult period, know that Evans/Reilley is here to help. Working with experienced Lockhart wrongful death lawyers can allow you to prove wrongful death and determine the resources available for your damages. While we realize there is no way to bring back your loved one, pursuing a wrongful death claim in Lockhart, TX, can prevent further financial hardships for your family.
If you have lost a loved one due to the negligence of an individual or organization, working with our skilled wrongful death attorneys in Lockhart is important.
The Lockhart, TX, wrongful death lawyers at Evans/Reilley understand the anguish, frustration, and sense of confusion that comes with wrongful death claims. You may have a hard time trying to hold liable parties accountable for their negligent actions. We are ready to help you determine what damages are available in your wrongful death claim and what the next steps are to make you financially whole again.
Contact us at (512) 732-2727 to schedule a free, no-obligation consultation.
Lockhart Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Lockhart, Texas, Can Help You Determine Whether You Have a Case
“Was our loved one a victim of wrongful death?” This is one question that is asked of us quite frequently. Honestly, 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, 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 that was the result of a person’s or his agent’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
At Evans/Reilley, our wrongful death lawyers in Lockhart 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, others do 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 that it will. Work accidents that result in wrongful deaths include falls and machinery and equipment accidents. Our Lockhart wrongful death lawyer can help determine if 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): Owners of homes and of commercial businesses are responsible for keeping their property safe. If their negligence results in an issue in which 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. When this happens, a wrongful death lawsuit due to medical malpractice can be filed.
The Evans/Reilley wrongful death attorneys in Lockhart 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 a Wrongful Death Claim in Lockhart, Texas?
Texas law clearly defines who has the legal right to file a wrongful death lawsuit. These individuals include the surviving spouse, any children (regardless of age), and parents.
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.
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 on 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?” While this question is impossible to answer specifically, it is possible to provide an overview of the damages that can be awarded.
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 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. 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; 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 assigned only when the actions of the defendant were particularly reckless or malicious.
In determining damages, many factors are taken into account, including the age, earnings potential, and responsibilities of the victim; 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 civil court in Texas – thus, jail time is never an option. A separate criminal trial would need to be held to determine guilt and that type of punishment.
Frequently Asked Questions About Lockhart Wrongful Death Cases
Our Personal Injury Lawyers in Lockhart, TX, Address Your Concerns
Suppose you’ve lost a loved one and believe another person or entity was liable for their wrongful death. In that case, you are probably dealing with lots of emotions, including pain, anger, and frustration. It’s also likely that you have questions regarding wrongful accident claims. Below, our Lockhart, TX, wrongful death lawyers have shared their takes on some of the questions our clients frequently ask.
Should I accept a settlement from the insurance company?
You’d be ill-advised to accept a settlement offer from an insurer before consulting with a reliable Lockhart, TX, wrongful death attorney, like those at Evans/Reilley. Unfortunately, insurance companies often lowball wrongful death victims who opt to represent themselves. In most cases, you waive your right to seek additional compensation once you accept a settlement offer.
An insurance company will likely offer you a fraction of what your wrongful death claim is worth if you don’t have experienced legal counsel. For this reason, it’s critical to consult wrongful death attorneys in Lockhart first. Don’t let insurance companies or the liable party pressure you into accepting a lowball offer.
What is the deadline for filing a wrongful death claim in Texas?
In most states, including Texas, the window for filing a wrongful death suit is two years from the date of your loved one’s death. Time is of the essence when filing a wrongful death case following a fatal accident. While you generally have two years to bring a lawsuit in Texas, it’s best to speak to a Lockhart wrongful death lawyer as soon as possible.
How much will it cost to hire a wrongful death lawyer?
At Evans/Reilley, we operate on a contingent-fee basis. This implies that you only pay a fee if we win your case and help you get appropriate damages for your claim. This contingent-fee agreement protects you from any financial risk involved in the claims process. Our reputable wrongful death law firm near Lockhart, TX, doesn’t charge for initial consultations and case reviews.
What factors will affect the settlement amount you receive?
After the wrongful death of your loved one, it’s normal to wonder about the value of your claim. The compensation you get mainly depends on the circumstances surrounding your case. Some claims may lead to thousands of dollars, while others may result in compensation worth millions of dollars.
Some of the factors that determine death benefits include:
- The severity of their injury
- The actual cost of medical expenses, property damage, and lost wages
- A judge’s or jury’s inclination
- Insurance policy limits
- Your Lockhart wrongful death lawyer’s skills in negotiating, building, and presenting your suit
- Negligence: Was the defendant grossly negligent or malicious?
Am I eligible for wrongful death benefits?
Typically, death benefits result from wrongful death cases involving — but not limited to — medical malpractice, auto accidents, defective products, workplace accidents, and premises liability accidents. An experienced lawyer will help you understand if you are eligible to file a wrongful death case in Texas. Under Texas law, the surviving spouse, children, and parents can file a wrongful death claim after the death of their loved one.
Don’t hesitate to contact Evans/Reilley at (512) 732-2727 if you have any pressing concerns or questions. Our wrongful death lawyers in Lockhart will compassionately listen to you and answer any questions that you may have. Remember, all consultations with our understanding legal team are free and confidential.
Contact Our Lockhart Texas 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/Reilley, our Lockhart 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 aspects of the lawsuit allowing you the time to process your loss and begin to rebuild your life.
We are the best choice in Lockhart, Texas, 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/Reilley Lockhart 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 get the settlement you need and deserve.
If you have lost a loved one due to someone else’s wrongful actions, please contact Evans/Reilley today at (512) 732-2727 to schedule a consultation. Once we have a better understanding of what happened, we can help you move forward.