A wrongful death is one that occurs when someone is killed because of the careless, reckless, or negligent actions of another person or business. If your husband, wife, child, or parent is killed in an accident that you believe was the consequence of someone else’s negligence, you should speak with a skilled and accomplished wrongful death lawyer as soon as possible to ensure that you and your loved one’s rights are protected.
We understand that there is nothing more difficult than the sudden and unexpected loss of a loved one. We know that your life has been completely devasted and your world has been turned upside down. This is especially difficult to try to process when your loved one’s life was taken because of a careless person or business corporation who put your loved one in harm’s way. It makes it even harder when the loss could have been prevented if not for the irresponsible actions of another person.
When you have experienced loss as a result of negligence or carelessness by another party’s dereliction of their duty of care, you may be entitled to compensation. There is no question that nothing can bring back your family member or make up for this type of deep loss. However, you should not be burdened with the costs associated with funeral expenses and the aftereffects that the loss of your loved one may potentially cause. There will be many additional hardships in life as a result of the death of your loved one following a fatal accident. For example, you may have lost the person who was your family’s breadwinner, and the consequences you face between mourning and lacking a regular income could be extremely overwhelming.
If you are a parent, spouse, or child of an individual who died due to another party’s negligence, do not wait to make that phone call to speak with one of our compassionate and dedicated wrongful death attorneys at DeHoyos & Connolly, PLLC. At DeHoyos & Connolly, we know that no amount of money will ever replace your family member who was taken too soon. We have helped heirs and loved ones of deceased victims of wrongful deaths in Texas uncover the truth about how their loved one died and get the compensation to which they were entitled.
With more than two decades of combined personal injury law experience, the wrongful death lawyers at DeHoyos & Connolly, PLLC will guide you and help you through this process. Our attorneys will fight on your behalf and work hard to help you seek justice. We are here to talk to you and make sure that you understand every aspect of the legal process so that you know what to expect. You will be a part of every decision made in regards to your loved one’s fatal accident. Call us today and set up your risk-free consultation. One of our understanding attorneys is here to help.
What is a Wrongful Death Case?
In the State of Texas, a wrongful death occurs when a fatality occurs as a result of negligence or alternate liability of another person or another entity. This negligence can include improper behavior, being distracted, carelessness, or incompetence.
Wrongful death cases, however, are not always clear-cut. There can have substantial variability and can result from a number of different occurrences, such as:
- Motor vehicle accidents where there is carelessness on the part of another driver
- Motor vehicle accidents due to hazardous road conditions
- Slip-and-falls on a property that is not your own
- Defective products
- Dog attacks
- Fires that are caused by improper maintenance or neglect
- Construction accidents
- Abuse in long-term treatment facilities or nursing homes
- Hospital and medical malpractice
- Assault and acts of aggression
Proving A Wrongful Death Case
There are circumstances that can be a basis for wrongful death claims, and there are also instances where wrongful death does not apply. In order to have a successful wrongful death claim in the State of Texas, you must be able to prove negligence. To do so, it is imperative for your legal representation to prove the following:
- The deceased was denied a legal duty by the party at fault
- A Legal Duty is an obligation that all parties have with each to act in a responsible way within the law. An example, in order to help you understand this legal term better, would be using a professional taxi. If you call a taxi to drive you somewhere, it is proper for you to expect that the driver will be sober while driving. If they are intoxicated, they are endangering your life and those of others. Should any accident happen as a result of their negligence, in that they were driving under the influence, this is a breach of legal duty.
- The breach of legal duty corresponds to an accident resulting in injury or fatality
- Damages that resulted in monetary losses occurred, which could range from medical expenses to loss of wages; even pain and suffering can be considered
Here to Help Families Through Complex Wrongful Death Litigation
In addition to proving negligence, the timing of filing the claim is critical. There is a statute of limitations that can make or break your suit. In Texas, this timeframe is two years from the date of death. This is why it is so important to speak with an experienced wrongful death attorney immediately.
You may also be contacted by insurance representatives or thinking you should call your own insurance company in response to your claim. This is not something you should do until you speak with an experienced attorney. If you discuss your ordeal with an insurance agent without the guidance of a wrongful death attorney, you may risk losing some or, in the most extreme cases, all of your rightful compensation.
The legal process can be extremely challenging. If you are unsure about your legal rights or confused about your experience and if you have a claim, the best advice is to seek the guidance of an experienced wrongful death attorney in Texas. Contact the attorneys at DeHoyos & Connolly, PLLC for your free consultation.
The Wrongful Death Legal Process
Every case is unique and the process from start to finish can be in-depth and intense. When you have the backing of a team accomplished wrongful death lawyers on your side through DeHoyos & Connolly, PLLC, you can rest assured your case will be handled appropriately and you will be taken care of.
To get an idea of what to expect, here is a general outline of the steps involved in the process:
- Free Consultation – This is the initial step in all cases and it is where you get the opportunity to discuss your experience with one of our experienced attorneys. We will take the time to listen to you and provide you an evaluation and guidance regarding your claim.
- Investigation – This is where all your evidence supporting your claim will be gathered and put together in an effort to identify those key factors that prove wrongdoing by the liable party. The qualified attorneys at DeHoyos & Connolly, PLLC have the resources necessary to thoroughly get this done.
- Damages – All the damages you incurred from your accident, including medical costs and treatment that may have been necessary prior to the fatal incident, are included. For those that are left with the loss, other expenses, such as emotional strain and pain, can be put into a monetary sum.
- Filing – When all liable parties are found and the cost of the damages are calculated, the claim can be drafted and filed. This is the document that will use very persuasive language to speak about your incident and will state facts supporting your suit. It is the formal start of the legal case.
- Pretrial – Your case may not go this far and reach this step, but if it does, it can be a drawn-out and long process. During this time, information is exchanged between legal parties putting together your case. This is a period of time that falls between pleadings and the actual court trial.
- Settlement Negotiations – This is your opportunity to come to an agreement with the liable party out-of-court. Even if you are going through the pre-trial process of gathering evidence and building a case, you still have the option to reach an agreement outside of the formal court process. If all of the information your attorney has on your behalf looks strong enough to win in court, the liable party may decide to settle because going to trial could be a risk that, if they lose, they could be liable to pay more. For this reason, this stage is the one that is most common; many claims will end in settlement.
- The Trial – While most cases do end in settlement, there are still those that will go all the way to court. If this happens, it is imperative you have a responsible and skillful attorney from DeHoyos & Connolly, PLLC by your side to fight for and protect your interests in the courtroom.
Who Can File A Wrongful Death Suit?
In the State of Texas, a claim for a wrongful death suit can only be filed by specific members of a family. These include:
- Biological children
- Biological parents
- Adopted children (in certain circumstances)
- Adoptive parents (in certain circumstances)
- Heir to the deceased’s estate (if no one else listed above is able to file)
Under Texas State Law, siblings are not considered family members that are eligible to file a wrongful death claim on behalf of the deceased. This is true for both biological and adopted siblings. Only those parties listed above are legally allowed to file.
Filing can be done in one of two ways: either as a single undertaking, or the members of the family can come together and file as a group.
DeHoyos & Connolly, PLLC Texas Wrongful Death Attorneys
Ryan DeHoyos and Kevin J. Connolly work diligently to understand our clients and we care about their wellbeing. We offer a customized and personal service structure backed by experience and the skill necessary to provide you with the best legal representation for your wrongful death claim in the State of Texas.
Together, we have over 22 years of combined experience working for the residents of Texas. We are active in the local community through our civic engagement and memberships in regional professional associations. We will be by your side handling your case from the beginning to end, helping you through the entire process.
You deserve justice, and under the law, you have the right to seek it in the form of compensation. You should not have to face these challenges alone, and you will not have to with the help of DeHoyos & Connolly, PLLC. Call us today at (832) 767-3568 for a free consultation to discuss your experience with one of our compassionate attorneys.