Wrongful Death Lawyer Texas – Like any other tort claim, you must prove the legal elements of a wrongful death claim in order to receive damages. Proving that someone murdered a loved one in a criminal court requires a variety of legal elements and levels of evidence. This article will only discuss what you need to prove in civil court to win a wrongful death lawsuit in Texas.
Under Texas wrongful death law, an individual may be held liable for damages if he or she causes the death of a family member for any of the following reasons:
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The most common causes of action for wrongful death claims are negligence and wrongful conduct. In both cases, the family bears the burden of proof by a preponderance of the evidence. This means you must convince the jury that it is unlikely (greater than a 50% chance) that the defendant was responsible for the death of your loved one.
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Negligence is the basis of most compensation claims. A person is negligent if he or she acts with the same care that an ordinary person would use in the same circumstances.
The duty of care varies depending on the circumstances. For example, drivers must follow traffic laws and use reasonable care to avoid traffic accidents. Likewise, doctors have a duty of care to their patients and property owners have a duty of care to their guests and visitors.
Levels of care may vary. An experienced Fort Worth wrongful death attorney will understand the differences and the evidence needed to prove each legal aspect.
A tort is an intentional act. Therefore, you must prove that the person intended to engage in conduct that resulted in the death of your family member. Assault is a common example of an intentional tort.
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Intentional acts that result in the death of another person are generally crimes. However, the criminal case is separate from the wrongful death case. So while a criminal court may acquit the responsible party, you may win a civil case.
In addition to understanding the legal elements you must prove, there are other things you need to know about a wrongful death claim.
There is a two-year statute of limitations on most wrongful death lawsuits in Texas. Therefore, you must file your lawsuit before the deadline. Otherwise, you will lose your claim. However, there may be exceptions. Therefore, it is best to contact an attorney as soon as possible after the death of a loved one.
State law dictates who has the right to file a wrongful death lawsuit. Some states provide exclusive rights to file wrongful death claims against the deceased’s estate.
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However, if the spouse, children, or parents do not file a wrongful death lawsuit within three months of the death, the personal representative of the estate may file the lawsuit. Other family members are prohibited from filing a wrongful death lawsuit in Texas.
A jury may award punitive damages if the defendant’s conduct warrants punitive damages. Additionally, the estate’s personal representative can seek damages that the individual would have been entitled to if he or she had lived.
Wrongful death claims can be complex. Working with an experienced Fort Worth wrongful death attorney is the best way to pursue justice for your loved one.
If you have been injured in a Fort Worth accident and need legal help, contact the Fort Worth wrongful death attorneys at Stephens Law Personal Injury. wrongful death | In case of a product accident, please schedule a free consultation. Our undefeated Texas wrongful death attorneys have won billions of dollars and repeatedly recovered some of the largest wrongful death judgments and settlements in history for families of wrongful death victims in Texas, Louisiana, New Mexico, and the United States.
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While nothing can compensate for the loss of a loved one, a negligent death lawsuit is the only way to hold negligent parties accountable and prevent you and others like yours from dying in the future from dangerous actions like yours. Families have the financial resources to care for and support themselves (and each other) in the absence of their loved ones.
We ensure that our clients can support themselves and their families for the rest of their lives.
2. Provide clients and their families with resources to care for and provide for the rest of their lives.
Not only do we consistently achieve these goals, but we also set records for our customers while doing so.
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Call 1-888-603-3636 or click here to contact a Houston wrongful death attorney for a free consultation. What is a wrongful death lawsuit?
A wrongful death lawsuit allows surviving family members to hold negligent defendants legally and financially liable by providing the deceased’s family and estate with the resources to care for themselves and their loved ones in their absence.
In most states, including Texas, surviving spouses, children, and parents can file a wrongful death claim on behalf of a deceased family member.
If the deceased had no children or was not married at the time of death, the deceased’s parents or the estate itself may file a wrongful death lawsuit through the executor or administrator.
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If you have not established the estate necessary to pursue and recover survivorship or “ex ante” damages, our team of attorneys will work to establish the estate and, if you consent, appoint you as “Administrator.” real estate.
When a spouse, parent, or other family member tragically dies, the deceased’s family is left with unbearable grief and often ends up piling up expenses with little or no income to pay them. This is especially true if the deceased was the primary earner in the household and his or her salary was used to pay for the mortgage, car debt, health insurance, groceries, tuition, and other living expenses.
Financial recovery may seem trivial and offers little comfort, but unfortunately, bills continue even when your loved one is gone and can add tremendous stress to what is already one of the most difficult times of your life.
A wrongful death lawsuit is the only way for a family to hold the at-fault party responsible for the death of their loved one and ensure they can continue financially while their loved one is gone.
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Under Texas law, families of wrongful death victims are entitled to “economic” and “non-economic” damages, including:
In cases involving “gross” acts of negligence, families may also have the right to seek punitive damages. This helps punish the offender and prevent him from harming others with the same dangerous behavior in the future.
While most attorneys have and will never recover damages, our wrongful death attorneys have consistently recovered punitive damages in every major case we have handled.
The purpose of a wrongful death lawsuit is to hold the negligent individual or company accountable, prevent the same dangerous actions from harming or killing others in the future, and compensate the surviving family members for the emotional distress and financial losses they have suffered. Consequences of the death of a loved one.
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Surviving family members file a survivorship claim seeking damages for all pain and suffering they suffered in the minutes, hours, or days before the defendant’s death.
These wrongful death damages are designed to compensate the deceased for the pain, fear, and suffering they experienced during the last minutes of their life.
Unlike damages in a wrongful death lawsuit, damages recovered in a survivor’s claim belong solely to the decedent’s estate and are shared by living family members.
If there is evidence that the deceased suffered and suffered prior to death, our attorneys will always file wrongful death and survivorship claims to ensure that surviving family members receive the maximum compensation possible for their losses and the suffering suffered by the deceased prior to their death. do. .
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With billions of dollars in awards and the largest verdicts and settlements in history, our wrongful death attorneys have proven that we don’t just win cases for families of wrongful death victims, we set a record.
If your loved one has tragically died due to someone else’s carelessness, carelessness, or carelessness, call our undefeated Houston wrongful death attorneys at 1-888-603-3636, use the chat form on our website, or contact us Please send us a confidential email via: Click here to contact us.
Our undefeated wrongful death attorneys will answer your questions, explain all your rights and options, and provide you with the information you need to decide what is best for you and your family.
“On March 9, 2021, her husband was involved in a fatal 18-wheeler accident while driving to work to support her family. The 18-wheeler left its lane and entered her husband’s lane, striking her husband. Her husband lost his life instantly. He left me and our 3-year-old son behind. When I was looking for an attorney to handle my case, I was looking for someone who would not only fight for my son and me, but also be a voice for justice for the sudden loss of my husband. That’s when I met Ryan Zehl and Matt Greenberg.
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