Luling Wrongful Death Lawyer
Experienced Legal Help from Our Wrongful Death Lawyer in Luling, TX, Makes a Difference
Losing a loved one in an accident is one of the toughest things you can face. Your family member is there one second and gone the next because of another person’s negligent actions. In situations like these, surviving family members may be able to file a wrongful death lawsuit and receive compensation for their losses.
While money cannot bring back your loved one, it can help with the financial difficulties caused by their death. The financial toll on you and your family can be very high, especially when losing someone you depend on.
If you have lost a loved one due to negligence, consult a wrongful death attorney in Luling, TX.
These cases and the legal process are complicated. You need our Luling, TX, wrongful death lawyers at Evans & Herlihy to help you. We are very well-versed in Texas law. We know what needs to be done to fight for the compensation you deserve. Our attorneys believe that negligent drivers and other parties should be held responsible for their actions. We are dedicated to helping families who are suffering the worst possible loss to get justice in their case.
Contact us today at (512) 732-2727 to schedule a consultation. During this meeting, we can learn more about your situation and explain how we believe it is best to proceed.
Luling Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Luling, Texas, Can Help You Determine Whether You Have a Case
“Can I file a wrongful death case after the loss of my loved one?” This question is one we are asked quite often. After your tragedy, there is so much confusion and grief, but we are here to help you.
The definition of “wrongful death” is outlined in Tex. C.P.R. Chapter 71 . 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 Luling, TX, wrongful death lawyers will listen to your situation and evaluate your case. 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 Luling, Texas
Wrongful death happens all too often. Negligent parties like drivers or other irresponsible people can rob you of your loved ones. When this happens, their negligence could mean they owe your family financial compensation in a wrongful death lawsuit. Accidents that commonly lead to wrongful death cases include:
- Vehicular Accidents: Car, truck, and motorcycle accidents commonly cause wrongful death. 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.
- Pedestrian Accidents: Pedestrians are at a high level of risk for death. They have nothing to protect them from the impact of vehicles, slip and fall accidents, or many other kinds of harm.
- Accidents at Work: 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 death include falls and machinery and equipment accidents.
- Product Liability Lawsuits: Corporations are supposed to manufacture safe products. Unfortunately, sometimes defects are not discovered until after your loved one is killed by the defective product. Sometimes issues occur in the manufacturing process, making certain products dangerous and even deadly. Others are due to a product’s defective design or even a failure to warn.
- Property Accidents(Premises Liability): Both owners of homes and of commercial businesses are responsible for keeping their property safe. If their negligence results in an accident 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 alleging medical malpractice can be filed.
The Evans & Herlihy personal injury attorneys in Luling 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 Is Allowed to File a Wrongful Death Claim in Luling, 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 upon the directions as outlined in the will of the deceased or the laws of the state.
Financial Compensation in Wrongful Death Cases
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 often include:
- Medical expenses the family member incurred before their death
- Funeral expenses
- Loss of future income and earnings
- Loss of future benefits due to the death
- Pain and suffering by the decedent before their death
- Pain and suffering of the family because of the death
- Anxiety and grief by survivors
- Loss of companionship and support
- Loss of consortium
- Punitive damages in cases when the actions of the defendant were particularly reckless or malicious.
Many factors are considered when determining the amount of damages you are owed. These will include the financial impacts of the loss, the actions of the negligent party, and the emotional toll on your family.
Once a settlement has been reached, the money 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.
Evans & Herlihy Has the Experience to Help You
Winning Luling Wrongful Death Lawsuits — Experience Matters
In order to win a wrongful death lawsuit, our Luling wrongful death lawyers must be able to prove negligence. 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 Luling, TX 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; and business owners must provide a safe place to work that follows all legal rules and regulations.
Once a duty of care has been established, our attorney must then prove that the defendant breached this responsibility. Assume your loved one was killed in an automobile accident, and the driver who hit him was traveling at three times the speed limit. This excessive speed would qualify as a breach of the duty of care.
Finally, your attorney must show that the defendant’s behaviors directly caused your loved one’s death. Our Luling wrongful death attorneys will leverage their knowledge and experience in wrongful death cases to help prove your case.
Contact Our Luling 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 & Herlihy, our Luling 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.
We are proud to offer our services in in Luling, 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 & Herlihy wrongful death lawyers in Luling, Texas, 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. We can help you move forward after your devastating loss.