We know that losing a beloved family member is a devastating experience. When the death was due to another’s negligent or intentional actions, the pain, anger and frustration are even greater. You may not know where to turn for help in getting justice for your family member.
An experienced and compassionate Midland wrongful death lawyer from Hanna Law can help you understand your options for pursuing recourse for your loved one’s death through a civil lawsuit. While money won’t ease the pain you’re feeling, it can help relieve the financial stress you may be experiencing because of the loss, especially if your loved one was a provider. In any case, by filing a wrongful death claim, you hold the responsible party accountable.
Call Hanna Law at (432) 580-4878 today to schedule a free consultation with a Midland wrongful death lawyer. One of our experienced attorneys will examine the details of your loved one’s passing and advise you whether filing a lawsuit is a possibility in your case. If it is, you can rely on us to uphold your rights and interests through every step in the legal process.
The Texas wrongful death statute says that a legal claim can be brought if the “wrongful act, neglect, carelessness, unskillfulness or default” by one party causes the death of another. These wrongful acts can occur in a wide variety of ways—from negligent motor vehicle crashes to on-the-job accidents to criminal actions and more.
Our knowledgeable wrongful death lawyers in Midland have handled numerous wrongful death cases. We know what evidence to look for to prove liability in cases of wrongful death. We also know how to take on insurance companies that often try to make low-ball settlement offers in order to save themselves money. When we handle your important case, we will put all of our resources to work toward getting you the best possible outcome when it comes to compensation.
Learn how we can help you by reaching out to our law firm today. Once we learn about the specific details of your case, we’ll address your concerns and answer all of your questions. Call our experienced wrongful death lawyers in Midland today at (432) 580-4878 to schedule a free consultation. Read on to learn who can file a wrongful death action, how much money may be available in a claim and how compensation is divided between survivors.
Only specific family members can file wrongful death lawsuits in Texas. They include spouses, children and parents of the person who died. Legally adopted children can file if their adopted parent was killed. Parents of legally adopted children can also file for wrongful death if an adopted child dies. Other relatives, including grandparents, siblings, aunts, uncles and cousins, cannot file for wrongful death. If none of the eligible survivors file a wrongful death suit themselves, the personal representative of the deceased can file on behalf of the estate unless any eligible survivors object.
There’s no simple answer to this question, because every case is different. The settlement or award may be in the tens of thousands, hundreds of thousands or more. What you could get depends on many different factors unique to your own case. In determining a value range to ask for in your claim, our Midland wrongful death lawyer will look at details of your family member’s life, including whether they were a wage earner, how much they earned, their potential earnings for the future based on their age and education, and more. The degree of negligence involved in the case may also be a consideration. For example, in cases of gross negligence, punitive damages meant to punish the guilty party may be pursued.
Other damages in wrongful death lawsuits can include such things as:
The claim can also ask for reimbursement for medical costs that may have been incurred before death, as well as funeral and burial costs.
When wrongful death lawsuits go to trial and result in an award, the jury will weigh all the factors involved and decide who gets how much. If the case is able to be settled without a trial, the family members must decide for themselves how the money will be divided. If all eligible beneficiaries are adults and are in complete agreement, dividing up the money may be a low-conflict and easy process. If survivors can’t agree, though, the attorneys for each of the claimants may be able to help decide and negotiate how the settlement is divided by considering the losses and hardships each person faces. If minor children are involved, the court will appoint a person called a “guardian ad litem” to look out for their interests and rights.
If you believe another person’s or party’s negligence led to your family member’s death, we will put all of our resources to work to prove it. We’ll review all the evidence in the case to determine liability. We’ll handle all the paperwork involved in filing a legal claim against the liable party.
Our Midland wrongful death attorney will carefully examine all of your losses to accurately determine how much compensation to pursue in your claim. We want you to get full justice on behalf of your family member. And we want the person or other party whose carelessness caused the death to pay for what they have done.
In many instances, wrongful death claims can be settled through negotiations. Negotiations typically take place with the insurance companies of at-fault parties. Our attorneys know how to take on insurance companies and their lawyers to get fair settlement offers. But if a fair settlement offer isn’t made, or if the liable party denies they are at fault, we’ll counsel you about taking your case to trial. Sometimes the threat of going to trial is enough to convince insurers and their policyholders to settle; but if it isn’t, we’ll aggressively stand up for your interests in front of a judge or jury.
Who can be held liable in wrongful death claims in Texas? The person, company or other party that caused your family member’s death through their negligence can be held responsible. Here are some examples of parties that may be named in wrongful death claims:
Additionally, wrongful death lawsuits can be filed against people who cause another’s death through violent acts. Even if the individual is being criminally prosecuted, they can also be sued in civil court for wrongful death.
Sometimes more than one party may be named in a wrongful death lawsuit. For example, if your family member died in a car accident that was caused by a negligent truck driver, the trucking company that employs the driver might also be liable. The benefit of naming more than one liable party is the potential to have a higher payout.
When we review your case, our wrongful death lawyers in Midland will carefully look at all possible parties who could be liable in order to get you the highest amount of compensation possible. Call us to arrange a free consultation at (432) 580-4878.
There is a two-year time limit, or statute of limitations, for filing wrongful death claims in Texas. Generally, the clock begins running on the day of your family member’s death. However, it’s important to point out that there are exceptions to this rule.
ALWAYS SPEAK DIRECTLY WITH A MIDLAND WRONGFUL DEATH ATTORNEY TO LEARN ABOUT THE ACTUAL DEADLINES FOR YOUR CASE.
We know no amount of money can bring your loved one back or erase your pain. But the compensation you may get through a wrongful death lawsuit can help relieve the financial anxiety caused by the loss. At Hanna Law, we have many years of experience helping grieving families get the compensation they deserve. Call us today at (432) 580-4878 to schedule a free, no-obligation consultation. We know how difficult this time is for people who have lost a spouse, a parent or a child. You can trust our wrongful death lawyer in Midland to work with you sensitively and compassionately, while putting all their legal skills and knowledge to work on your behalf.