Pflugerville Wrongful Death Lawyer
Experienced Legal Help from Our Wrongful Death Lawyer in Pflugerville Makes a Difference
We all know that death is inevitable. However, when a loved one passes away due to the negligence of another’s behavior, the ability of their family to grieve is complicated by that fact. Feelings of anger mar the sadness — wrongful deaths simply do not need to happen.
In these wrongful death situations, surviving family members may be able to file a lawsuit and receive compensation for their losses. Settlements like this never make the emotional loss more manageable, but they can help financially. Sadly, the death of a loved one not only results in an emotional void but also, frequently, a financial one. The family experiences the impact of their loss on many different levels.
If you lost a loved one due to the negligence of an individual or organization, working with our skilled wrongful death attorney in Pflugerville is important.
The legal process is complicated, and you will need help navigating it. Our Pflugerville wrongful death lawyer understands Texas law; we know how to secure the compensation you need and deserve. Our attorneys believe that negligent parties should be held accountable, and we are dedicated to helping to bring justice to families suffering the worst possible loss.
Pflugerville Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers In Pflugerville, TX, Can Help Determine Whether You Have A Case
“Was our loved one a victim of wrongful death?” This question is asked of us frequently. It is difficult to comprehend how someone would behave so irresponsibly that another person could lose their life.
We share with our clients the definition of wrongful death, which the state of Texas outlined in its statute, Tex. C.P.R. Chapter 71. In Pflugerville, wrongful death can result from a party’s “wrongful act, neglect, carelessness, or unskillfulness.”
At Evans/Reilley, our wrongful death lawyers in Pflugerville 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 lawsuits. While some are very specific and may happen only rarely, others occur more frequently. Some of the most common causes of wrongful death in Texas include:
- Vehicular Accidents: Unfortunately, many wrongful deaths occur as a result of car, truck, and motorcycle 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). However, sometimes administrative issues can cause deadly accidents. For example, road accidents caused by incorrect or inadequate traffic signs or poor road conditions.
- Work Accidents: Employers are responsible for adhering to safety laws and providing their employees with an appropriate work environment. Unfortunately, just because an employer is supposed to behave in a certain way, there is no guarantee that it will. Sometimes work accidents result in wrongful deaths, like falls and machinery accidents. Our Pflugerville, TX, wrongful death attorney can help determine if the accident that harmed your loved one would qualify.
- Product Issues: Businesses are responsible for manufacturing reasonably safe products. Unfortunately, sometimes defects go unnoticed until accidents happen. Or sometimes issues arise in the manufacturing process, making certain products dangerous or even deadly.
- Property Accidents (Premises Liability): Owners of homes and businesses are both responsible for keeping their property safe. If their negligence results in a deadly accident (like falling from an unsafe balcony or suffering an electrical shock), the owners 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 a patient’s death. You can file a wrongful death lawsuit due to medical malpractice when this happens.
The Evans/Reilley wrongful death attorneys in Pflugerville can help. We can review the events that led to your loved one’s death and let you know if we believe filing a wrongful death suit is in your best interests.
Who Can File a Wrongful Death Claim in Pflugerville, TX?
Not everyone who mourns a wrongful death is legally qualified to file a related lawsuit in Pflugerville. Texas law clearly defines who has the legal right to file a wrongful death lawsuit. These individuals include the surviving spouse, children, and parents.
The victim’s family must file these lawsuits 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 no family members file suit within 90 days, the executor of the deceased’s estate can file a lawsuit. If you are an executor, it is crucial 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 Texas laws.
Pflugerville, TX, Wrongful Death Compensation: An Overview
One of the most common questions accompanying wrongful death lawsuits 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 Pflugerville, TX, courts award.
In Pflugerville, the courts divide wrongful death damages into three categories. These are:
- Economic Damages: These damages can be calculated with relative ease. They may include medical expenses (for treatment before death), funeral expenses, loss of future earnings, and loss of future benefits. If there is a receipt or bill for the expense, it is likely to fall into the category of economic damages.
- Non-Economic Damages: These damages are more challenging to quantify but are still very real. These damages are often related to the painful feelings and emotions experienced by the deceased or their survivors. Among the components of this part of a settlement can be the emotional pain of the surviving family, the physical pain and suffering of the deceased before death, the anxiety experienced by loved ones, the loss of companionship, and the loss of consortium.
- Punitive Damages or Exemplary Damages: Although not appropriate in every case, courts may award these damages to punish defendants and serve as a deterrent for future behavior. These are only assigned when the defendant’s actions are especially reckless or malicious. Although punitive damages are awarded only occasionally, they can be substantial when the court feels they are warranted. Punitive damages are capped at the greater of $750,000 or double the economic damages in Texas wrongful death cases.
Texas courts consider many factors when determining damages, 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 declared, it will be distributed among the surviving eligible family members in proportion to their loss. It is important to understand that wrongful death cases in Pflugerville are filed in the civil court system, not the criminal courts. Thus, jail time is never an option in a wrongful death suit. A separate criminal trial is needed to determine guilt and any accompanying criminal punishment.
Evans/Reilley is Well-Positioned to Help You
Winning Pflugerville Wrongful Death Lawsuits – Experience Matters
To win a wrongful death lawsuit, our Pflugerville, TX, 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. From start to finish, the case is a multi-part process.
First, our Pflugerville 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. Likewise, business owners must provide a safe workplace that follows all legal rules and regulations.
Once we establish a duty of care, our attorney must prove that the defendant breached this responsibility. For example, if your loved one was killed in an automobile accident, and the driver who hit them was speeding, this excessive speed would qualify 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 Pflugerville wrongful death attorneys will leverage their knowledge and experience in wrongful death cases to help prove your case.
Contact Our Pflugerville, 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/Reilley, our Pflugerville 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 the right choice in Pflugerville, Texas, because of our:
- Experience: We have decades of experience addressing wrongful death cases in Texas.
- Approach: We respect the sensitive situations in which we operate. Our professionals are sympathetic communicators but aggressive negotiations and litigators.
- Reputation: We are renowned for our record of success.
When you hire the Pflugerville wrongful death legal team at Evans/Reilley, you can trust us to 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 your situation, we can help you move forward.