Taylor, TX, Wrongful Death Lawyer
Experienced Legal Help from Our Wrongful Death Lawyer in Taylor, TX, Makes a Difference
When a loved one dies due to another person’s negligence or carelessness, grief can be compounded by anger and frustration. You must understand that their death was not inevitable, but due to someone’s action. You may wonder what you can do to get a sense of closure for this senseless tragedy.
At Evans & Herlihy, we understand the emotions that a wrongful death creates in family and friends. We know that you want justice. You are entitled to compensation for the pain and suffering endured by your loved one and the financial straits caused by their absence.
If you have lost a loved one due to the negligence of another person or company, you may be entitled to financial compensation. You should contact a Taylor, TX, wrongful death lawyer right away to discuss the options available to you.
If you have lost a loved one due to the negligence of an individual or organization, working with our skilled wrongful death attorney in Taylor is important.
The laws surrounding wrongful death claims are complex. You should not have to deal with insurance companies, attorneys, and other parties by yourself. The wrongful death attorneys at Evans & Herlihy know the law and the best way to get you the compensation you deserve. Money may not heal the pain, but it can relieve the financial burdens that follow the loss of a family member.
Taylor, TX, Wrongful Death Lawsuits Are Complicated
Our Wrongful Death Lawyers in Taylor, Texas, Can Help You Determine Whether You Have a Case
“What is a wrongful death?” This question is frequently asked by those who have lost a loved one and who are trying to understand how someone can be so careless as to cause the death of another.
Texas law defines wrongful death as one due to a person’s “wrongful act, neglect, carelessness, unskillfulness, or default.” In layperson’s terms, this means that when someone does something they are not supposed to do or fails to do something in the manner they should do it, and a death results, they may be liable for a wrongful death. When someone fails to obey the speed limit or drives while texting, this is a careless act. A doctor who should have checked a patient’s condition after surgery, but instead went home, would be acting in default.
The attorneys at Evans & Herlihy have more than two decades worth of experience in handling wrongful death cases in Taylor, TX, and will evaluate your case carefully. They can let you know if your case is a valid wrongful death claim, and what your next steps should be.
Causes of Wrongful Death
Many cases of negligence result in wrongful death. Negligence is a legal term that must be established before a wrongful death suit can proceed. Your attorney will examine the facts of the case carefully to see if negligence can be established. This requires:
- Duty. This means that the other person had a responsibility to behave or act in a certain way.
- Breach of duty. The person failed to behave in that way.
- Causation. Because of the breach, injury resulting in death occurred.
- Injury/death. Without an injury, there can be no negligence.
With these steps in mind, here are some specific causes of wrongful death due to negligence:
- Vehicular Accidents: Drivers have a duty to obey speed limits, pay attention to the road, and not drive under the influence. Failing to do these things is a breach of the duty to drive responsibly. Negligence can be established if injury or death results from one of these causes.
- Work Accidents: Your employer has the responsibility to obey safety regulations, provide a secure workplace, and act quickly to correct hazards. Injuries and deaths which result from lapses in these requirements may become wrongful death suits.
- Property Accidents: Property owners must keep their properties safe for visitors and guests. This includes fixing known hazards and preventing potential hazards. Injuries and deaths that happen due to oversight of known and avoidable hazards lead to liability for the owners of both residential and commercial properties.
- Medical Malpractice: Medical professionals are subject to a heightened standard of care because of the trust between them and their patients. If mistakes are made that lead to the death of their patients, they are liable for a wrongful death.
The Evans & Herlihy wrongful death attorneys in Taylor, TX, will review the facts in your case and determine what the best course of action is when advising you about your case.
Who Can File a Wrongful Death Claim in Taylor, Texas?
In Texas, wrongful death claims may be filed by the surviving spouse, any surviving children, and the parents of the deceased. Since the U.S. Supreme Court affirmed Obergefell v. Hodges, legally married same-sex partners, and those in recognized common-law marriages have the same rights.
Unmarried domestic partners may be able to file a wrongful death claim under some circumstances, but you should consult an attorney before attempting your claim.
The only other person who can file a wrongful death claim is the deceased’s executor. If none of the family members file a claim within 90 days, or if there are no family members who can file, the executor may file suit.
The executor is only filing on behalf of the estate, and any compensation recovered is distributed according to the will or state intestacy law.
Wrongful Death Compensation: An Overview
Most wrongful death claims never go to trial. Litigation is costly and takes time, and a negotiated settlement is preferred if it can be managed. Your attorney will present the facts of the case to the other party and their attorney and work to get the best possible outcome for you on behalf of your loved one.
In Texas, wrongful death damages are divided into three categories. These are:
- Economic Damages: These damages can easily be 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 is the emotional pain of the surviving family, the 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 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 considered, including the age, earnings potential, and responsibilities of the victim; the specific situation that caused the death; and the victim’s assets.
Despite your desire for justice, jail or prison time is not a possibility for a wrongful death case. The elements of negligence do not include malice, that is, the intent to cause harm that is required to seek criminal charges.
If the state believes that the negligence rises to the level of criminal intent (“gross negligence”), then a separate criminal trial must be held to determine the degree of guilt and any criminal penalties.
Contact Our Taylor, Texas, Wrongful Death Attorney Today
Learn Why Clients Choose Us
Grief is a powerful emotion, and those suffering may find it difficult to make it through the day, much less manage a legal process. At Evans & Herlihy, our Taylor 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.
Families in Taylor, Texas, choose Evans & Herlihy 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 Taylor 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 negligent 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.