If you have suffered the traumatic loss of a loved one in an unexpected accident in Fredericksburg, help is available at Hill Law Firm. We know that this is the worst possible news a family member can receive…and that it is even more difficult to cope with a loss when you believe your loved one’s death could have been prevented by someone else. If you suspect you have the right to file a claim after the death of a relative, discuss your case with our Fredericksburg wrongful death attorney during a free consultation.
Fredericksburg Wrongful Death Resources
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Why Choose Our Lawyer?
Common Causes of Wrongful Death
How Our Attorney Can Help
Who Can File a Wrongful Death Suit in Texas?
Survival Claims vs. Wrongful Death Claims
Potential Compensation Available
Texas’s Statute of Limitations for Wrongful Death Lawsuits
Call an Attorney Today
Why Choose Our Fredericksburg Wrongful Death Lawyer?
- Attorney Justin Hill is an experienced trial lawyer who has handled wrongful death cases throughout the state of Texas for over a decade.
- Our personal injury attorney in Fredericksburg takes pride in providing personalized services to each client and case. We will treat your family as if it were our own during this difficult time.
- Our Fredericksburg wrongful death attorneys operate on a contingency fee basis, meaning you won’t pay us a dime unless we secure financial compensation for your case.
Common Causes of Wrongful Death in Texas
According to Texas Civil Practice and Remedies Code 71.002, wrongful death is the death of an individual if the injury was caused by someone else’s wrongful act, neglect, carelessness, unskillfulness or default.
Common causes of wrongful death in Fredericksburg, Texas include:
- Motor vehicle accidents
- Truck accidents
- Medical malpractice
- Product defects
- Dangerous premises
- Workplace accidents
- Exposure to toxic substances
- Acts of violence
If someone owed the victim a duty of care, breached this duty, and caused the fatal injury or illness, a wrongful death claim can be filed on behalf of the deceased individual (decedent). The attorneys at Hill Law Firm can handle wrongful death claims involving all types of accidents. From car accidents to plant and refinery explosion lawsuits in Fredericksburg, we are prepared to represent your family with integrity and dedication.
How Our Fredericksburg Wrongful Death Lawyer Can Help
You are going through enough after the tragic and unexpected death of someone in your family. Allow a knowledgeable wrongful death attorney to handle the legal process for you from here. Hiring an attorney can give you peace of mind when you need it most, as well as enhance your chances of securing a successful settlement or judgment award for your case.
Your attorney will have in-depth legal knowledge to advise you on what steps to take and how to navigate Texas’s wrongful death laws. For example, you can trust your attorney to negotiate a fair settlement with an insurance provider on your behalf using proven legal strategies. Most importantly, your Fredericksburg wrongful death attorney will focus on your case while you focus on healing.
Who Can File a Wrongful Death Suit in Texas?
Under Texas law, only certain individuals have the legal right to file a wrongful death claim. The law permits certain surviving loved ones of the deceased individual to bring a cause of action in the first three months. Under current laws, a decedent’s surviving spouse, children and parents initially have the right to file in this time period.
If these parties do not file a wrongful death claim within three months, the personal representative or executor of the decedent’s estate may file a claim instead. The representative may be named in the decedent’s will or appointed by the courts. The only exception to this rule is if all surviving family members listed above specifically ask that a suit not be filed.
What Are the Differences Between Survival Claims and Wrongful Death Claims?
In Texas, a wrongful death claim may not be the only legal option for seeking justice for a wrongfully killed loved one. Another possibility is a survival claim. This extends the damages available in a personal injury claim past the decedent’s date of death. It allows the deceased person’s estate to continue with the claim and receive compensation for the losses the decedent suffered. These may include medical costs, pain and suffering, and funeral and burial expenses. Your family may be able to recover compensation from both a survival action and a wrongful death claim.
Potential Compensation in a Wrongful Death Lawsuit
At Hill Law Firm, we know that no amount of financial compensation could ever replace a loved one’s life. However, we also know how much a family can struggle financially after the death of a breadwinner. Our mission is to help our clients collect the financial compensation that they deserve for acts of wrongdoing that result in serious injuries and deaths.
You and your family may be able to recover financial compensation for the following types of losses in a successful wrongful death claim:
- Lost income and financial support from the decedent
- The value of household services the decedent would have provided
- Lost inheritance, savings or employment benefits
- Loss of the decedent’s love, companionship and society
- Mental pain, grief and anguish suffered by survivors
In addition, punitive or exemplary damages may be awarded in special circumstances. Texas law permits the recovery of punitive damages – which are awarded to punish a defendant for especially egregious acts of wrongdoing – in wrongful death cases involving “a willful act or omission or gross negligence” (Texas Civil Practice and Remedies Code 71.009).
What Is Texas’s Statute of Limitations for Wrongful Death Lawsuits?
It is important not to wait to seek legal advice if you suspect the wrongful death of a loved one. Texas has a strict two-year statute of limitations on the majority of wrongful death claims. While this may seem like a lot of time, your deadline can arrive quickly – especially while you are busy planning a funeral and grieving your loved one. Furthermore, investigating a death and collecting evidence to present with a claim takes time. The best way to ensure you meet your filing deadline and preserve your right to seek damages is to contact a lawyer as soon as possible.
Speak to Our Fredericksburg Wrongful Death Attorney Today
If you have any reason to believe that someone else reasonably should have prevented your loved one’s death, contact an attorney about a potential wrongful death claim right away. While nothing can ever make up for the loss of a loved one’s life, filing a lawsuit against the responsible party can bring your family justice, closure and financial compensation for related losses. The attorneys at Hill Law Firm can guide you through the legal process with personalized care and attention.
Discuss your legal options in detail with an experienced wrongful death attorney in Fredericksburg today. Call (210) 960-3939 or contact us online to schedule a free consultation.