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San Marcos Wrongful Death Lawyer

Experienced Legal Help from Our Wrongful Death Lawyer in San Marcos Makes a Difference

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. Feelings of anger mar their sadness — 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. Settlements like this don’t fix things, 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. The impact of loss can be felt on so many different levels.

If you have lost a loved one due to the negligence of an individual or organization, working with our skilled wrongful death attorney in San Marcos is important.

The legal process is complicated, and you will need help navigating it. Our San Marcos, TX, wrongful death lawyers at Evans/Reilley understand 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.

Contact us at (512) 732-2727 to schedule a consultation. During this meeting, we can learn more about your situation and share how we believe it is best to proceed.

San Marcos Wrongful Death Lawsuits Can Be Complicated

Our Wrongful Death Lawyers in San Marcos, TX, Can Help You Determine Whether You Have a Case

Wrongful death cases can bring up numerous questions from the surviving friends and family. “Was our loved one a victim of wrongful death?” This question is often pondered by those trying to grieve. Realizing that the responsible party is capable of acting in a manner so reckless that your loved one was killed is difficult to bear.

In Texas, wrongful death is defined in the state statute, Tex. C.P.R. Chapter 71. In simpler words, wrongful death happens when someone dies from an injury inflicted by another person’s wrongful act or their neglect, unskillfulness, or carelessness.

At the law firm of Evans/Reilley, our wrongful death lawyers in San Marcos will take the time to listen to your story and understand the finer details of your situation. Once we understand the scenario surrounding your loved one’s death, we will evaluate all factors relevant to the legal process. Based on our extensive experience and knowledge, we will carefully advise you on your rights and legal options. If you have a promising wrongful death lawsuit, we can advise you on the process and potential timeline.

Common Causes of Wrongful Death in San Marcos, TX

Many actions can lead to wrongful death in San Marcos. Some of these actions are more common, while others occur rarely. Some of the most common causes of wrongful death here in San Marcos, TX, include:

  • Vehicular Accidents: Car and other vehicle (motorcycle, truck, van) accidents are among the leading cause of wrongful death here in Texas. Sometimes the other driver is at fault for behaving in a negligent manner (drunk driving, drowsy driving, reckless driving, or distracted driving). At other times, these vehicular accidents are caused by administrative errors in the local government; for example, poorly located or incorrect traffic signs or malfunctioning traffic signals.
  • Property Accidents: Property accidents fall under the category of premises liability. Building owners, like home owners and business owners owe a duty of care to their guests. If the property is unsafe, a visitor could suffer harm, or even wrongful death. Common causes of wrongful death with premises liability include falls off an unsafe balcony or shock from improper electrical wiring.
  • Product Issues: When a business manufactures products, it has a responsibility to ensure those products are reasonably safe. Unfortunately, sometimes errors occur in the manufacturing process that can compromise a product’s normal safety features through a defect. Often, defects may go unnoticed until someone is injured. Product defects can turn normally safe products into deadly traps.
  • Work Accidents: Employers in the U.S. have a duty to follow work safety laws and provide their workers with an acceptably safe environment to perform their jobs. However, just because employers should guarantee certain safety levels does not mean that all employers ethically follow these safety laws. Some employers are lax about safety, and this can result in work accidents that may end in wrongful death. Common workplace wrongful deaths include falling from height and equipment malfunctions or accidents. Our San Marcos wrongful death lawyer can help you determine if your loved one’s death qualifies as a work accident wrongful death.
  • Medical Malpractice: You may be surprised to hear that medical malpractice is one of the top contributors to wrongful death in San Marcos, TX. However, medical professionals make mistakes, just like everyone else. However, when a pharmacist, nurse, doctor, or healthcare system makes a mistake that results in a patient’s death, it may qualify as a medical malpractice wrongful death in San Marcos.

Evans/Reilley have wrongful death attorneys in San Marcos who can review your loved one’s potentially wrongful death. We can analyze the events that led up to the fatal incident and let you know if filing a wrongful death suit is one of your best legal options.

Who Can File Wrongful Death Lawsuits in San Marcos, TX?

Texas law does not allow just anyone to file a lawsuit following the wrongful death of a loved one. In fact, only a narrow segment of the deceased’s family is eligible to file a wrongful death legal claim in San Marcos. These eligible individuals include the departed’s parents, children, and spouse.

If you are eligible to file a wrongful death lawsuit, it is important that you understand that Texas law only allows you a limited amount of time to do so. This time limit is called the Texas statute of limitations for wrongful death claims. Here in San Marcos, TX, the statute of limitations only allows two years from the date of the wrongful death for you to file your lawsuit.

If no eligible family member files a wrongful death lawsuit within 90 days, the deceased’s estate executor is allowed to move forward with a legal claim. However, if you are an executor in this situation, it is important to note that the eligible surviving family members hold the right to prevent you from filing.

If the estate’s executor chooses to file a wrongful death claim, any compensation the court awards will be distributed based on the deceased’s will or according to Texas 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, punitive (exemplary) damages are awarded by courts 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, earnings potential, and responsibilities; 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 Texas civil court; thus, jail time is never an option in a wrongful death suit. A separate criminal trial would need to be held to determine guilt and that type of punishment.

Evans/Reilley is Well-Positioned to Help You

Winning San Marcos Wrongful Death Lawsuits – Experience Matters

To win a wrongful death lawsuit, our San Marcos, TX, wrongful death attorney 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 San Marcos 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 San Marcos wrongful death attorneys will leverage their knowledge and experience in wrongful death cases to help prove your case.

Contact Our San Marcos, 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 San Marcos 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.

Clients in San Marcos, TX, choose us 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/Reilley San Marcos 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.

Attorney Chip Evans

Austin Attorney Chip EvansChip Evans is a partner at Evans & Herlihy. Chip brings to the firm more than 20 years of experience as a trial lawyer representing Plaintiffs. It is the desire to help individuals, not corporations, that attracts Chip to this side of the docket. [ Attorney Bio ]

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