Round Rock Wrongful Death Lawyer
Experienced Legal Help from Our Wrongful Death Lawyer in Round Rock Makes a Difference
While we all know that death is inevitable, when a loved one passes away due to the negligence of another’s behavior, 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.
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 things better, 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.
You see, the legal process is complicated and you will need help navigating it. Our Round Rock, TX, wrongful death lawyers at Evans & Herlihy are well-versed in Texas law; we know what needs to be done to get you the compensation you need and deserve. Our attorneys believe that those who do not act appropriately should be held accountable for their actions, and we are dedicated to helping to bring justice to families suffering the worst possible loss.
Round Rock Wrongful Death Lawsuits Can Be Complicated
Our Wrongful Death Lawyers in Round Rock, Texas, Can Help You Determine Whether You Have a Case
“Was our loved one a victim of wrongful death?” This question is one which 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 the 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 & Herlihy, our wrongful death lawyers in Round Rock 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 death include falls and machinery and equipment accidents. Our Round Rock 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): Both 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 & Herlihy wrongful death attorneys in Round Rock 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 Round Rock, 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.
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.
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.
Evans & Herlihy Is Well-Positioned to Help You
Winning Round Rock Wrongful Death Lawsuits – Experience Matters
In order to win a wrongful death lawsuit, our Round Rock 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 Round Rock 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 the local traffic law; and business owners must provide a safe place to work, one 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 duty of care.
Finally, your attorney must show that the behaviors of the defendant directly caused the death of your loved one. In some cases, causation can be incredibly difficult to prove. Our Round Rock wrongful death attorneys will leverage their knowledge and experience in wrongful death cases to help prove your case.
Contact Our Round Rock 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 Round Rock 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 Round Rock, 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 Round Rock 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 have a better understanding of what happened, we can help you move forward.