Texas Wrongful Death Lawsuit – Questions & Answers (FAQ)

What is a Texas Wrongful Death Claim?

A wrongful death happens when a person is killed due to the negligent, gross negligence or intentional act of another. Wrongful deaths in Texas can be cause by Texas automobile accidents, medical malpractice, pharmacy neglect, maritime accidents, logging accidents, construction accidents, refinery explosions, asbestos cancer – mesothelioma, dangerous products, fires, benzene exposure & leukemia, industrial accidents, trucking accidents, tractor trailer collisions, farming accidents, overturns and rollovers, scaffolding accidents, crane accidents, electrocutions, dangerous products, dangerous conditions on property, and many other situations. A Texas wrongful death claim would fall under the Texas wrongful death statute. This statute provides a way for the Texas wrongful death victim’s survivors to be compensated for the financial and emotional losses they have suffered when a loved one was killed in Texas.  The need for compensation in death cases prompted Texas lawmakers to create the Texas Wrongful Death Statute. One important part of a Texas wrongful death claim is the ability to hold the person or company or other entities responsible for the misconduct which caused the person’s death in Texas or elsewhere. It may also be possible to file a wrongful death claim or lawsuit in Texas, if the defendant resides in Texas or has a principal place of business in Texas. If you have any questions about a Texas wrongful death claim, a Texas Wrongful Death Lawyer can explain the different aspects of a wrongful death lawsuit under Texas law.

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Call Texas wrongful death Attorney / Wrongful death Lawyer for Wrongful Death Lawsuit HelpIf you have questions regarding the wrongful death of a family member or a loved one, then call and talk to Board Certified Personal Injury Trial Lawyer. No Legal Fees or Expenses Charged unless we get you a settlement or recovery. Talk to an Experienced Wrongful Death Trial Lawyer with 20+ years of Experience. 

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What types of Wrongful Death compensation are available?

Under the Texas Wrongful Death Statute, the deceased family & legal heirs could have a right to receive compensation in the form of money damages for their loss of companionship, loss of society, loss of support, loss of comfort, loss of consortium, as well as damages for pain and  suffering or disfigurement of the decedent before their death. In addition, the damages recoverable by the personal representatives of a decedent’s estate can include special damages (such as the deceased’s medical expenses), which were sustained or incurred before death, as well as funeral expenses, and exemplary or punitive damages, that the wrongful death victim would have recovered if he or she had lived, but do not include damages for pain, suffering or disfigurement of the decedent and where the defendant(s) were grossly negligent, then punitive damages may be available to punish the defendant and to deter others from similar conduct in the future These are they damages which may be available in a wrongful death case in Texas. These different types of damages may not be the same under the law of other states.

Some of the basic damages available to a Texas Wrongful Death victim’s survivors may include the following

  • loss of society
  • loss of earnings- loss wages
  • loss of support
  • loss of companionship
  • loss of comfort
  • loss of consortium
  • pain and suffering
  • mental anguish
  • disfigurement of the decedent
  •  additionally Punitive Damages or Exemplary Damage may be available under given facts.

Is grief counseling after a wrongful death important?
As we all know, it is very hard to deal with the loss of a loved one. There are grief support resources available in your area, through your medical community, on the internet and in books and tapes.  It is very important to monitor yourself and other family members closely to see if one-on-one grief counseling may be needed to facilitate the grieving process. Every person deals with grief differently, but most people can benefit from grief support resources. It is particularly important to watch out for the early signs of depression so you can get help for yourself or a family member. If in doubt, talk to you minister, doctor, social worker or other professional about death and grief counseling.

What factors are considered in a Wrongful Death Settlement?

The out of court wrongful death settlement amount or jury trial award can vary in a Texas wrongful death claim, due to certain factors surrounding the death like the following:

  • whether or not the wrongful death survivors depended on financial support from the victim’s future earnings;
  • the extent of any non-economic losses to the survivors like the loss of enjoyment of living – loss of companionship – loss of consortium;
  • the medical costs;
  • property damage – automobile replacement in auto wreck death cases;
  • funeral costs;
  • the pain and suffering experienced;
  • the degree of negligence, recklessness or indifference on the part of the defendants to support an award for punitive damages or exemplary damages against the defendant(s) or wrong doer.  
Is financial hardship a common problem after a Wrongful Death of a Loved One?

Yes, in most cases financial hardship is a serious problem which Texas families may be forced to endure after the death of a family member. In a Texas wrongful death case, there are often many bills to pay like ambulance bills, hospital bills, doctor bills, funeral costs and many other expenses resulting from the Texas wrongful death. The family is often unable to meet these large bills and their every day expenses because they depended on the deceased family member’s present and future income for their support and livelihood. This unexpected loss of income can devastate the Texas wrongful death victim’s family at a time when they should be focused on working through the grieving process. Important financial goals (like sending a child to college) cannot be met due to the loss of the victim’s present and future earnings. Sadly, many surviving families must move into a smaller and more affordable home until the lawsuit is completed..
A Texas Wrongful Death Lawyer may be able to get creditors off your back by writing letters to them explaining that a lawsuit involving a wrongful death of the family member and requesting some temporary relief from the credit companies and collection agencies until the wrongful death claim or law suit is completed. In some cases bankruptcy is the client’s only alternative if such agreements with the hospital, landlords, credit card companies and banks are not reached.
There are many forms of compensation which may be available to the survivors of a Texas wrongful death victim. A Texas Wrongful Death Attorney can evaluate your wrongful death accident claim to determine if you are entitled to compensation for medical expenses – expenses related to the death (such as funeral expenses) – damages for pain and suffering – present and future anticipated income of the deceased – damages for emotional losses (like the care, comfort, society and companionship losses the survivors typically endure).

Should I contact an attorney involving a Wrongful Death of a Husband, Wife or loved one?

It is your choice to determine when you are ready to contact a Texas Wrongful Death Lawyer. You may be thinking that it is inappropriate to contact a lawyer too soon after the death, because of what other people might think or say. On the other hand, getting a Texas Wrongful Death Attorney involved early in the process can be important for the following reasons:

  • A Texas Wrongful Death Attorney can help deal with complex legal issues involving probate law, insurance law, contract law and tort law.
  • A Wrongful Death Trial Lawyer can make sure that the claim is moving forward at a time when you may need to focus on helping yourself and your family work through the emotional loss.
  • An experienced wrongful death attorney can take steps to preserve evidence and testimony which might be lost if too much time has passed. If such evidence is not preserved, then it may prevent a wrongful death claim from be a viable one.
  • An experienced attorney can help determine if you have a viable wrongful death lawsuit or wrongful death claim.
  • A lawyer can help make sure that no important deadlines for filing or statutes of limitations are missed.
  • A Texas Wrongful Death Attorney can help deal with complex legal issues involving probate law, insurance law, contract law and tort law. The best advice is not to sacrifice the value of your case and your legal rights to a concern that others may think you have hired an attorney too quickly. The focus of your concern should be on getting better – protecting your right to compensation – and getting the compensation and justice you deserve as a survivor of someone who was wrongfully killed.

WRONGFUL DEATH LAWSUIT HELP – FREE LAWYER CONSULTATION
Call Texas wrongful death Attorney / Wrongful death Lawyer for Wrongful Death Lawsuit HelpIf you have questions regarding the wrongful death of a family member or a loved one, then call and talk to Board Certified Personal Injury Trial Lawyer. No Legal Fees or Expenses Charged unless we get you a settlement or recovery. Talk to an Experienced Wrongful Death Trial Attorney with 20+ years of Experience. 

 Click Here > Free Wrongful Death Lawsuit Consultation or call Toll Free 1-800-883-9858
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