Personal injury Library
Topic: Wrongful Death
Here you'll find a collection of articles containing in-depth insights and quick answers to common questions about Wrongful Death.
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A Quick-Hit Guide to Wrongful Death Lawsuits in Texas
Losing a loved one is an emotionally overwhelming and traumatic experience. Unfortunately, this awful situation can be even more challenging when their passing is due to someone else’s negligence or wrongful act. In Texas, families have legal recourse through wrongful death lawsuits, which enable them to seek compensation for their loss. Here is a short...
Read MoreHow Much of a Wrongful Death Settlement in Texas Goes to the Lawyer?
Family members often worry about hiring a lawyer for their wrongful death claim due to the cost. You may be dealing with grief as well as the strain of funeral costs, medical bills, or a significant loss of income for your family. Understandably, you want to ensure that a lawyer will not add to your...
Read MoreWho Is Responsible for the Payment in a Wrongful Death Lawsuit in Texas?
Unfortunately, you sometimes have to bring a claim for wrongful death in Texas. This type of claim provides a way for a spouse, child, or parent of the deceased to secure a sense of justice when someone close to them dies by another person’s mistake. Who pays for a wrongful death lawsuit in Texas depends...
Read MoreWhat’s the Procedure for Investigating a Fatal Car Accident?
The grief, shock, anger, and sadness you feel because your loved one died tragically in a car wreck can be overwhelming. It might seem like there is no getting over sudden and unexpected loss. You may be struggling to make sense of it all. It’s perfectly normal to wonder what happened and who is at...
Read MoreIs it Possible to Sue on Behalf of a Deceased Person in Texas?
While death is a natural and expected part of being human, sometimes our loved ones are taken from us far too soon. When this happens due to someone else’s negligent or intentional actions, it can feel like you will never have justice or closure. Families often feel like the courts overlook their pain when they...
Read MoreWhat are the Elements of a Successful Wrongful Death Claim in Texas?
After a loved one dies in an accident or passes away due to an injury, their family members often want justice. While filing a wrongful death claim will not bring your loved one back, it might provide you with the closure you need and the compensation you deserve. A wrongful death claim in Texas is...
Read MoreWhat Types of Compensation and Damages Are Available in a Texas Wrongful Death Case?
The Basics of Compensation and Damages in a Wrongful Death Case As with any personal injury claim, there are specific kinds of compensation that can be recovered. This is no different for a wrongful death claim. There are many different types of damages to be considered when working through a wrongful death claim. These exist...
Read MoreWho Can File a Wrongful Death Claim in Texas?
Who Can File a Wrongful Death Claim in the State of Texas? The state of Texas only allows certain family members, or statutory beneficiaries, to file a wrongful death claim on behalf of their deceased loved one. As we saw on the Explaining the Basics page, if anyone effected by the decedent's passing could file...
Read MoreWhat is the Texas Wrongful Death Act?
A Summary of the Texas Wrongful Death Act When someone dies from a preventable cause, and someone else is responsible for negligence that contributed to that death, the family members of the deceased person are protected under the Texas Wrongful Death Act. Just as the debts due and owed follow the deceased person after death,...
Read MoreWhat Rights Do Family Members Have in a Texas Wrongful Death Case?
Rights Available to Family Members in a Wrongful Death Case We're sorry for the loss of your loved one. We're sure that you have many questions, and we hope this article will answer some of them. We'll look at who the law says is eligible to file a claim, the kinds of remedies that are...
Read MoreWhat Is the Difference Between a Wrongful Death and a Survival Claim in Texas?
The Difference Between Wrongful Death and Survival Claims Wrongful death and survival claims both deal with the aftereffects of someone's death. However, there are important distinctions between the two. The main difference is that wrongful death claims are in place to compensate the family members of the deceased for their injuries (mental anguish, loss of...
Read MoreHow Long Do I Have to Sue Someone for a Wrongful Death in Texas?
Losing a loved one is traumatizing. There is no way that we can overstate or empathize with the pain and heartache that you're going through at this time in your life. Further, to make matters worse, that family member may have been a contributor to your monthly bills, so now not only are you emotionally...
Read MoreHow Are Punitive Damages Awarded in a Texas Wrongful Death Claim?
Punitive damages function a bit differently than the other categories of damages we've been discussing. They are also referred to as "exemplary damages," and they must be specifically plead in order to be awarded. Let's look briefly at what punitive damages are, how they are decided, and what to do if you have questions about...
Read MoreWhat Rights Do Spouses Have in a Texas Wrongful Death Case?
What are the Rights of the Spouse in a Wrongful Death Case? As we mentioned in our earlier article, a spouse is considered a statutory beneficiary in the state of Texas. As a result, they can file a wrongful death claim on behalf of their deceased spouse. Let's look a little closer at the different...
Read MoreWhat Rights Do Children Have in a Texas Wrongful Death Case?
What Rights Does a Child Have in a Wrongful Death Case? Children are considered statutory beneficiaries in the state of Texas. As such, a child can sue for the wrongful death of a parent. However, the law also has specific parameters in place regarding who and who is not included in this statue. Let's take...
Read MoreWhat Rights Do Parents Have in a Texas Wrongful Death Case?
Rights of a Parent in a Wrongful Death Case As you would expect Texas allows parents to sue for the wrongful death of a child. The Wrongful Death Act clearly states that categories of parent that have the legal standing to file suit, and explains the kinds of rights and damages that are available to...
Read MoreWhat Rights Do Siblings Have in a Texas Wrongful Death Case?
What Rights does a Sibling Have in a Wrongful Death Case? If you've lost a sibling though an act of negligence resulting in a wrongful death claim, we're sorry for your loss. You may be confused, angry, and eager to know what you can do to obtain justice. The state of Texas created a statute...
Read MoreWhat Are Prejudgment and Postjudgment Interest, and How Do They Apply in a Texas Wrongful Death Case?
In certain scenarios, a plaintiff in a wrongful death case can hold a defendant accountable for pre-judgment interest or post-judgment interest. Prejudgment interest is a variable rate placed upon a court-ordered settlement that applies the court-mandated interest rate to the settlement amount at the time the suit was filed or at the time the cause...
Read MoreWhat is the Texas Survival Statute?
A Survival Claim is a legal tool that allows the estate of a deceased person to pursue a personal injury claim in the same manner that the deceased person would have been able to had they not died. This type of claim has a common law basis in certain types of property lawsuits, which were...
Read MoreHow Are Proceeds Divided in Texas Wrongful Death Cases?
How Is Compensation Divided Among Family Members After a Texas Wrongful Death Case Is Resolved? A question we often encounter in wrongful death cases is, "Who decides how a settlement or jury verdict is dividedg amongst the claimants?" After all, most wrongful death cases involve a single deceased person who leaves behind several surviving family...
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