Texas Personal Injury Lawyers » Texas’ Wrongful Death Laws vs. The other States

How do Texas’ Wrongful Death Laws Match-up to those of the Rest of the United States?

If a loved one has passed away as a result of the negligence of another you may have a claim in a wrongful death cause of action. All family members are not able to recover. Generally one must be a parent, child, or spouse of the deceased in order to recover wrongful death damages. Texas has a wrongful death recovery method that mirrors many other states but does have some differences. If you have had a loved one die as a result of the negligence of another you will need to hire an attorney who can assert your rights. The attorneys at Our Law Offices have extensive skill and experience in the practice of personal injury law. We have a well-earned reputation for getting the results that our clients deserve.

Who Can Bring a Wrongful Death Claim?

In Texas, a wrongful death cause of action can be brought by the family members of the deceased. The family members who generally are able to recover for the wrongful death of one of their family members are generally the parents, children, and spouses of the deceased. Some states only permit the executor of the deceased’s estate to bring a wrongful death claim on behalf of the family. The family members and other individuals named in the will do not have the right to veto a settlement agreement, although the court is required to approve any settlement agreement. Find more information here @ https://www.carabinshaw.com/midland-wrongful-death.html

Who Can Receive Benefits?

In Texas, damages that are awarded from wrongful death claims are given to the party who brought the claim. In some states, damages that may be recovered from the death of your family member will go directly to the estate of the deceased and all the deceased’s bills and expenses must be paid first before any distribution can be made. Texas has no such requirement.

When Must a Claim be Made By?

The statute of limitations to bring a wrongful death claim in Texas is two years. Some states have various other statutes of limitations deadlines. While most states have two year limitation period, some have been known to have three and four year limitation periods.

What Recovery is Available?

There are multiple recovery claims in a wrongful death cause of action. Medical costs, loss of earning capacity, funeral costs, loss of consortium, and mental anguish among other forms of recovery is available to the families of the deceased.

While the recovery of damages will never fully compensate you for your loss, it will help you have some level of financial security in a financially uncertain time. Don’t let insurance companies and negligent parties step on your rights; you deserve to recover for all your loss. The attorneys at Our Law Offices have helped thousands of clients just like you recover the damages they deserved as a result of their injuries, we can help you too. Call to schedule your free consultation and discuss the merits of your case. Click on this link to find more information @ https://fordandlaurel.com

Looking at the numbers of car accidents in this country every day, it looks as if we are all driving with our eyes closed. There is a reported car accident every five seconds in the United States. Every five seconds a deadly machine, a car, hits another car.

CAR HITS CAR, NO GOOD

Car crashes never end well. We all know that. Even the best accidents, if that even applies, result in property damage and a colossal waste of time filling out paperwork and dealing with insurance companies. In the worst cases, people die, families are ruined, medical mills skyrocket and lives change. More on this website

CAR HITS CAR, PEOPLE GET INJURED

This is serious business. More than 3 million people get injured every year in moving vehicle accidents – truck accidents, motorcycle accidents and car accidents. Millions of Americans have to visit the hospital as a result. Millions of Americans have to miss work due to injuries. Millions of Americans lose billions of dollars due to medical expenses and/or property damage. Among those millions of potential victims of negligent accidents are Americans just like you who could have, who should have contacted a personal injury attorney after their car accident. Why? Why should victims of moving vehicle accidents contact a qualified, aggressive personal injury with a proven track record?

PEOPLE GET INJURED, THEY DON’T ASK FOR HELP

Most victims of motorcycle, truck, bus or automobile accidents have no idea that they are victims and that they may be entitled to considerable monetary awards for what they have suffered during the accident. They have no idea because they don’t ask for help. They don’t take a few moments to understand their legal rights by having a simple, confidential, complimentary consultation with an attorney.

PEOPLE GET INJURED, THEY WALK AWAY WITHOUT KNOWING THEIR RIGHTS

That’s right. They just accept whatever check the insurance representative waves in front of them and never understand that the amount they got from the insurance company is probably a small fraction of what they would have been entitled to under the law.

I HAVE BEEN INJURED, I WANT TO KNOW MY LEGAL RIGHTS

Good! Have you or a loved one been injured in an accident? Yes? Do you think someone else negligently, carelessly or willfully caused the injuries? Yes? Then contact an attorney as fast as possible. Time is of the essence in all personal injury lawsuits and you will want your lawyer, your partner in this, to have the time he/she needs to protect you and your loved ones.

HOW LONG DOES A LAWSUIT TAKE?
No two personal injury cases are the same.

HOW MUCH WILL I GET?
The size of the financial awards vary as much as the nature of accidents. There are countless factors involved in each and every case, like the severity of damages, extent to which the negligent party is responsible and countless other elements. Needless to say, if your case goes forward, you and your loved ones will be informed every step of the way as your claims are aggressively pursued. More information here

Most of us don’t want or expect to end up involved in a lawsuit. On either side. It’s an uncomfortable situation for anyone. People don’t generally enjoy conflict of any kind with the legal system, in many cases, baffles them. There are situations, however, that require you to take steps to either protect yourself or receive the justice you deserve. And those situations will often require the services of a personal injury lawyer.
You may have been injured in an auto accident that wasn’t your fault. Or perhaps hurt at a store or office because of negligence by the owners. You may have had valuable property damaged such as a laptop with important files on it. When you’re the victim of one of these mishaps, you are the one who suffers. You’re the one who has to have damage to your car repaired, who has to replace damaged possessions – and possibly pay sky-high medical bills that could destroy your financial security. See more information here
That’s why it’s very important when an incident like this occurs, to speak to a personal injury lawyer such as myself, especially before you agree to anything with an insurance company. Having said that, there’s also no need to rush into hiring a lawyer – you might want to speak to a few to get a feel for your case. From my experience, it is best to hire an attorney, if you have a legitimate case, within two to six months following an accident. Sometimes you obviously have to act sooner, but remember to not wait too long. The statute of limitations is three years for most cases. Don’t allow the likely three-year statute of limitations to lull you into a false sense of security. Most cases need significant work way before the statute is even close. Additionally, many personal injury attorneys will not take cases where the statute is too close!
I would also strongly advise you not to hire a lawyer who talks down to you or makes you feel uncomfortable. At our practice, we try to avoid confusing jargon when advising a potential client. Instead, I try to answer questions directly. I’m not shy about telling someone when they don’t need a lawyer and I let them know when it’s in their best interest to engage one.

Another important aspect to look at is the personal injury attorney’s experience. You want someone who knows what to do with a case like yours and it’s worth your time to ask the lawyer to tell you how he or she dealt with any cases that were similar to yours. Often an inexperienced personal injury lawyer will settle claims for far below what they should; they may be afraid to go to trial, because of their lack of experience, or they may be part of what we call settlement mills, law firms that settle cases because it’s a lot simpler and more inexpensive than preparing for trial.

How much will you be entitled to if your case is successful? That depends on a number of factors. Obviously, some types of damage are easy to calculate, such as medical costs or physical damage to property. Others, such as pain and suffering and loss of enjoyment of life are very subjective and depend on specific circumstances. An experienced personal injury attorney will be able to give you more of an idea once you’ve shared the details of what happened to you. Please also visit this website