legal 1/14/2020 32.) Work Injury/Workers’ Comp, Wrongful Death/Workers’ Comp, Medical Malpractice – gtg

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Determining Workers’ Comprehensive Coverage is The First Step

Thanks to our lawmakers (and the insurance lobby who buys their lunches) it is much more difficult to understand workers’ compensation laws. No employer is required by the state of Texas to purchase workers’ comp. Right now, approximately one in two subscribe to the program. This leads to a situation where workers’ comp injury cases are divided into two distinct types. Each requires a wholly different method and strategy to resolve than the other classification. Employers who carry worker’s comp are known as “subscribers.” Those who don’t are “non-subscribers.” In order to know how to proceed with your claim, you must first determine whether or not your employer is one or the other.

Workers’ comp benefits originate from a funding “pool. The private insurance carriers that participate in the program contribute to it, although it is maintained by the State. A great benefit of this pool is the protection if offers subscriber-employers from lawsuits. But it generally disregards the full legal rights of employees to be fairly compensated when the employer is truly negligent. This is because it limits, or “caps,” the monetary benefits an injured employee can receive from this pool. If your employer subscribes to workers’ comp, it provides some compensation to employees who are injured on the job site. It’s basically “no-fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. But many times the amount of compensation you receive doesn’t cover the true expenses of an on-the-job injury if it is a severe one. And we’ll go over that in more detail in a bit.

But on the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must file a lawsuit in civil court. Fortunately, for the injured party, the conditions that have been established to encourage companies to subscribe to “no-fault” workers’ comp insurance are not as stringent when determining if those injuries qualify. And these same lower standards of proving subscriber negligence, also apply against a non-subscriber in a civil case. So it’s not as difficult to assess true liability against a non-subscribing employer for on-the-job accidents.

Since workers’ comp is cheaper than traditional employer liability insurance, you would think that all companies would be smart and purchase workers’ comp instead of the more-expensive traditional liability insurance. But about many times that is not the case. So many employers still choose to walk around a shooting gallery unprotected and take the risk of being a non-subscriber. Then, when the odds catch up with them, many will try to avoid a lawsuit and misrepresent themselves as having workers’ comp (which they don’t) once an employee of theirs is injured. These employers may try to quickly pay you some cash benefits you would receive from workers’ comp and ask you to sign a “standard release” in order to further their deception and get off the hook. But it’s a well-tried trick. So don’t fall for it.

This is one of many examples of how you benefit from an experienced Texas injured worker lawyer to get to the bottom of your company’s workers’ comp status, so you know what legal recourse is available to you. Once we have identified the nature of your employer’s workers’ comp standing, we can then move your case or claim to bring deliver your rightful and just injury compensation.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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It is Almost Impossible for Injured Workers to Sue Workers Comp Subscribers

When they subscribe to workers’ comp insurance, employers get far more than just easy and affordable pool coverage that produces lower benefit payments. They are also just about bulletproof when it comes to being the target of a civil lawsuit. Unless the employer has committed gross negligence that produced a wrongful death, they cannot be sued if one of their employees is injured on the job or has been killed at work. And the facts of the case must be overwhelmingly against the employer in order to prove gross negligence. So whichever contributing insurance company is responsible for negotiating a settlement; again, with benefit caps, the odds are highly unlikely that the victim, or the victim’s survivors if a death has occurred, will even see the equitable compensation to which they are entitled.

In a fair world, insurance providers would be concerned with tending to the legitimate needs of injured people, and these victims would receive fair compensation for all medical bills, lost salary, pain, and suffering. But the way the REAL world works is neither fair nor perfect: in spite of what some of these workers’ comp insurance companies try to convince us of through the altruistic tone of their advertising and public relations’ campaigns. Insurance companies are in business to generate profits first rather than help people. And those who underwrite the workers’ comp pool are no exception. All Insurance companies try to avoid fairly compensating injured employees every year throughout the Lone Star State. Those who participate in the state’s insurance pool are just doing it with the permission of the legislature.

But there are two possible avenues to receiving injury compensation outside the restrictions of workers’ comp. However, one of these exceptions involves a worker’s fatality, and the other allows the injured employee to file a suit against someone other than the subscribing employer, which is commonly known as a third-party lawsuit:

If your loved one’s death occurred at work and the accident was a direct result of the gross negligence by his or her workers’ comp subscribing employer, then you as a delegated surviving family member may file a wrongful death lawsuit. In one case, our Texas attorneys were hired by the loved ones of a construction worker who died after a fall from a crane. The employer had ordered the worker to work atop the rig without the mandatory safety harness. When the man plummeted to his death, the employer rushed to a construction supply store, purchased a safety harness, attached it to the dead man and then reported the accident to the authorities. Our investigators were able to uncover this willful deception by interviewing the co-workers and hit him with a very expensive (and successful) gross negligence wrongful death lawsuit. So there’s truth to the saying that it’s not the act itself that gets you in trouble, it’s the cover-up.
In many cases, someone besides the employer may have done something negligent to cause a workplace injury. If a faulty piece of machinery caused the injury, the manufacturer may be held accountable through a defective product lawsuit. If your employer did not provide you with proper safety training or did not provide a safe working environment, then he or she could be held accountable. If another employee or a visiting contractor or one of the contractor’s employees negligently caused the injury, then they could be held accountable. In such a case, you can sue the responsible party or parties but not your subscribing employer. Our experience and the ability to properly investigate not only the accident scene but the roles these third parties played in it is required in order to properly identify all of the parties responsible and make them pay for the injuries they cause. A skillful Texas work accident attorney can devise the right plan of attack for workplace injury cases that offer the best opportunity to secure compensation in a complex Texas work accident claim like this.

Winning Compensation from Liable Non-Subscribers is More Straightforward, but Still Not Easy

We’ve already mentioned how it comes as no surprise that many employers neglect to purchase workers’ comp or any other form of insurance. If you reasonably hope to receive the compensation you deserve from non-subscribing employers, you certainly need the assistance of a skilled Texas work injury attorney with our Law Firm to file a lawsuit and see it through that it will deliver the fair compensation you deserve as a result of defendant negligence.

In order to punish non-subscribing employers for creating more legislation, Texas workers’ compensation laws enable the victim to secure much greater damages than if the employer had purchased workers comp insurance. The workplace accident victim must merely prove standard negligence, which means the employer only committed a sole error or momentary inability to maintain safety. As you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need an astute accident lawyer to assist you through every intricacy of this challenging legal process.

It begins when the victim, also known as the plaintiff, files a claim with the employer, notifying him or her of the injury and the restitution the victim requires as fair reimbursement. The employer can agree. But that seldom happens. Most of the time the employer has some sort of insurance of surety bond to cover these matters. If they have insurance, they just contact their carrier; in which case you and your attorney attempt to negotiate a settlement. But chances are, for openers, the carrier will dispute your plaintiff allegations out-of-hand. But if negotiations progress in-good-faith, traditionally because your attorney makes it clear that you have a very strong case, then the matter is settled, you get the money you need.

But if that doesn’t happen, you – as the plaintiff – must file a lawsuit to win the compensation you, or your surviving family members deserve. As the injured party, it is your burden to prove that the employer’s negligence caused the injury which produced those high medical bills, lost salary, pain, and suffering. Fortunately if you, as the injured victim, can prove simple negligence, that task of collecting is much easier than trying to prove gross negligence.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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Employer-Defendants Claim That You are the Sole Cause of Your Own Misery

If your employer is a workers’ comp insurance non-subscriber, then he or she isn’t likely to suddenly change their ways and agree to pay you for the harm you’ve suffered due to their negligence. Our experience in these matters has revealed that most non-subscribers try to use a couple of well-worn – but sometimes effective – defenses to avoid paying injured employees the restitution they deserve.

Their only real defense is to claim the worker caused his or her own injuries or, in legal terms is the sole proximate cause of the harm. In order to invoke the sole proximate cause defense, non-subscribing employers will literally add insult to your injuries by questioning your character and soil your reputation by claiming that you were a negligent employee and caused your own injuries. They try to hold you alone responsible for them and continually try to press this point home.

While your employer may have been too cheap to buy workers’ comp coverage, you can be sure that he or she will think nothing of paying a hefty bill to a sharp, shrewd lawyer who knows how to make victims appear negligent for their own injuries, and foolish in front of a judge and jury: even if it’s just fiction. You need your own experienced Texas workers’ comp attorney to place fault back where it belongs, at the feet of the negligent employer.

The Other Defense when the First Option Fails: Questioning the Employer-Employee Relationship

The sole proximate cause defense is not the only option that non-subscribers have to deflect liability after an injury has been suffered by an employee, even if it’s the best one. Many clever employers try to distance themselves from you as an employee, and their responsibility to fairly compensate you well before that on-the-job mishap happens. Some even begin building that paper trail to prove their argument from the first day you show up for work.

Texas employers are not responsible for what happens to contractors if they are injured on that employer’s job site. So many companies will claim to hire their employees as contractors. By calling you a contractor, your employer believes it’s possible to deny that an employer-employee relationship existed between you and the company, and then they will tell you that you don’t have a legal claim to compensation for your injury-related damages. Their logic is simple: why be responsible for injury compensation to a person who was technically never their employee to begin with? It sounds like a good argument on the surface. But look deeper.

While many employers try to claim they hire their employees as contractors or as temp workers through a third-party, the employer knows deep-down that an actual employer-employee relationship exists in many of these cases, and an injured worker can still win compensation. So don’t be misled by this ploy either. Even though your employer claims you are a contractor, you are likely still considered an employee in the eyes of the law and are entitled to recover compensation for injuries suffered on the job.

A skillful and well-seasoned Texas work accident attorney knows how to prove the employer-employee relationship by meeting at least one of the following standards:

Social security or taxes have been withheld from your paycheck by your employer.
The essential equipment for the job was supplied to you by your employer.
Your work has been regularly managed, overseen or inspected by your employer.
A specific work schedule has been set for the job by your employer. You are not free to come-and-go as you please.
Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.
You have been employed for an undetermined period of time and not just for a single job.
You are paid by a salary or an hourly wage and not on a job-by-job basis.
In cases where a worker is borrowed from another company, or a third-party agency, the rules for determining the working relationship are related, but there can be some crucial differences. Some of these conditions may include:

If the borrowing employer has the power to hire or fire a borrowed worker at any time, the worker is clearly an employee. Otherwise, the worker is a contractor
Most of the time, if the borrowing employer is allowed to pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.
If the worker must provide them, that person is a contractor. If the employer provides them, the worker is an employee.
If the employment agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.
If the worker is borrowed indefinitely, then the worker is an employee. If the worker is borrowed for a specific project with a specific date of completion, the worker is a contractor.
If a worker is being borrowed or “leased” because of a skill that is unique or hard-to-find, then the worker is a contractor. But on the other hand, if an employer borrows a worker to fill a position that just about anyone can fill, then the worker is an employee.
If the borrowing employer agrees to pay the worker’s social security and income tax, then the worker is an employee. If the borrowing employer does not accept this responsibility, then the worker is a contractor.
These same employer-employee conditions apply if your loved one was killed in a workplace accident due to employer negligence.

Our Texas workers’ compensation lawyers conduct a thorough investigation to demonstrate the existence of one of these standards and prove an employer-employee relationship existed for you. We depose co-workers, review contracts and examine pay stubs to clearly establish that you were in fact an employee when you suffered an on-the-job injury.

A couple other important items: if you were hired by an employment agency to work at an “employer’s” company and suffered a workplace-related accident, your attorney must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp wrongful death claim against the agency, which would then make the company where you actually performed the work a third-party contributor to the accident. Also, if your employer loaned you out to another company where the accident occurred, the issue of workers’ comp subscription with your employer comes into play and the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or suit.

This brings another important point to mind. Workers’ comp claims are less-than-adequate when major injuries are involved, including wrongful death. So the traditional way for an employee to recover fair damage compensation is to file a workers’ comp claim against the employer of record (assuming that employer subscribes) and then supplement the claim with the appropriate number of third party claims or lawsuits.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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OSHA Is of Little Use in an Injury Liability Claim or Legal Case

Maybe you are familiar with the Federal, Occupational Safety & Health Administration (OSHA). This agency maintains minimum standards of safety for all American workplaces. And you might think OSHA will help you attain injury compensation. Nothing could be further from the truth. OSHA is not an advocate for injured workers. All it does is oversee the work environment in the U.S. And for the past 30 years, OSHA’s regulations, and the fines levied for employer non-compliance, have lost many of their teeth.

While OSHA sets safety standards in the workplace and fines offenders, the amounts were established so long ago and no longer carry the proper financial motivation to convince safety violators to comply with these government standards. Many of these amounts date back to 25-30 years ago. They might have encouraged compliance back then, but many years of inflation (and other economic factors) make many OSHA fines little more than a slap on the wrist. Additionally, over the years OSHA has become more restricted in the actions and investigations it can make due to the limitations created by smaller staffs and budgets. Today, OSHA is a shadow of its former self when it comes to preventing on-the-job injuries before they happen.

Furthermore, OSHA cannot make any direct effort to help injured workers secure compensation for the damages that have been inflicted upon them. Only after an accident has occurred will OSHA investigate negligence. And their reports are designed to create more worker injury data and assess violator fine amounts (if any). And though that data might be ready to present as general evidence at a trial, for your purposes OSHA is a case of closing the barn long after the cow escapes. Even if OSHA does investigate your employer after your accident, they will provide no specific evidence that will benefit your case. Only a competent, experienced Texas workplace injury attorney can help you secure the fair compensation to which you are entitled.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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The Most Important Thing You Need to Do Right Now, and Why
The first thing you must clearly understand is this. Before you speak with an insurance company, or accept n a single dime of payment or compensation from your employer, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent Texas lawyer. Your employer or its insurance provider wants you to accept a small settlement, so they can save their own money. Don’t be taken advantage of. As a matter of fact, don’t even discuss any details of your intentions, or anything else surrounding the injury, with your employer or his or insurer or anyone else outside of your immediate family, without a lawyer protecting your interests.

Then, you must act swiftly. In work accident cases, evidence begins to fade almost immediately after the accident. The physical details of the scene itself can change quickly. And witnesses change their stories or forget what they saw. Sometimes they’re even been paid to forget or to “take a nice long vacation,” or mysteriously find a job in another state. If you wait too long to hire an attorney and put your counsel to work investigating the trail of evidence, then you are doing irreparable damage to your ability to secure the restitution you deserve.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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Filing a Wrongful Death Lawsuit When a Loved One Dies Due to the Negligence of Others

Wrongful death is one that occurs when the negligent behavior of a liable party (a person or some other entity) causes, or contributes to, the death of another person. However, that cold, abstract legal definition just doesn’t come anywhere close to describing the enormous feeling of loss that descends upon your family when you’ve learned that your loved one has been suddenly taken away from you by the actions of another.

And if the accident that caused this unfortunate fatality is the result of the careless behavior of that other person or entity, the devastation to your family can be total, and create unbearable and sometimes permanent psychological scars on you and the rest of your family survivors, in addition to instantaneously being thrown into deep financial distress that seemed so far away just a few days ago.

Wrongful deaths can happen for so many different reasons and in a number of different ways: from a job-related accident to a vehicle wreck at the hands of a drunk driver to the tragic use of a defective product everyone thought was safe, to the careless actions of a trusted doctor. But they all often occur with virtually no warning, and in the blink of an eye. Such a sudden, shocking and unexpected loss can leave a bereaved family in an emotional fog as they grasp to deal with their swirling emotions in the immediate wake of their loved one’s death. The emotional wreckage suffered by some families after a loved one’s wrongful death makes thinking about seeking legal action an afterthought in the midst of their grief. The timing of those thoughts almost seems like an insult to their memory

However, pursuing legal action through a Texas wrongful death lawsuit can become the most important step in the healing process for a number of reasons. Our wrongful death attorneys offer the following information to help clarify why a family should not put a wrongful death lawsuit (or at least an investigation) on the back-burner, the issues that wrongful death plaintiffs can expect when they file such civil lawsuits, and how we might be able to assist you through your time of loss, sorrow and ultimately, your family’s recovery.

Why Must We Think About Filing a Wrongful Death Lawsuit in Our Family’s Time of Grief?

We can think of two reasons why a bereaved family such as yours should begin their pursuit of a wrongful death lawsuit sooner than later after losing a loved one because of a fatal accident: financial compensation and justice for their deceased family member. The stated purpose of a wrongful death lawsuit is to enable a grieving family to secure compensation for their loss from the party or parties responsible for this fatal accident. And even though no amount of money will ever return your loved one to you, it can greatly relieve you of the many financial burdens and dire economic need that such a loss creates on a family, like medical costs, funeral expenses, and pain and suffering (both your loved ones along with you and your family). Seeking compensation for wrongful death in Texas is important under virtually any circumstance. But timing is everything when winning this rightful and just compensation is especially critical in cases where a primary wage-earner has died. The financial remedy a family wins can help ensure that the surviving family is financially stable in light of their loss and that the lack of money will not add to their emotional ordeal. And allowing the circumstances behind the accident to go uninvestigated, even for a few days because you feel it might not be “appropriate right now,” could make the investigation of the matter all-the-harder.

The justifiable goal of a wrongful death lawsuit is for the negligent liable parties who are responsible for the fatal accident to be held accountable for their callous behavior. And since many fatal accidents may not result in criminal charges, most of the time a Texas wrongful death civil lawsuit is the only legal means that aggrieved survivors have to bring all negligent liable defendants to ultimate justice. The compensation that these negligent defendants must award to a plaintiff through a successful wrongful death case can be considered a punitive measure. Some even view it as just desserts. A high monetary award will make negligent defendants painfully aware of their actions that caused the death of your loved one. When we take on a wrongful death lawsuit anywhere in Texas, our clients get our best effort to ensure that they properly compensated; in addition to making sure that every liable party is held fully accountable. They may not go to jail for what they did. But they will pay.

Like you, we don’t want to see a similar fatal accident occur in the future due to the same negligent behavior by the same liable defendants. We want everyone who is even remotely responsible to be held fully accountable for the grief and pain they’ve caused you and your family. But again, remember, the longer a grieving family takes to put someone “on the case” means that much time the defendants, who usually know what they’ve done, have to cover their tracks and distance themselves from ultimately being held accountable.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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What is a Valid Wrongful Death Claim in Texas, How is it Applied and What are Your Options?
Without a clear understanding of the law, many people in your situation may not be fully aware of whether or not they may be able to seek legal action against a negligent party through a wrongful death lawsuit. So, to begin at the beginning, here is a list of basic conditions that must have existed, or may have existed, in order for you and your family can pursue a wrongful death lawsuit:

Your loved one must have died as a result of the negligent behavior of another person or entity (like a company). This negligent behavior could have been the direct cause – or in legal terms – the proximate cause of the fatal accident. Proximate cause means that the liable party played a contributing role (or the only role) leading up to the accident.
Your relative must have a surviving family member or beneficiary that can pursue legal action. Second cousins once-removed do not have legal standing unless they can prove a strong, ongoing link to the deceased family member. And that only rarely happens.
Your beloved victim or your family must have incurred some form of tangible financial loss as a result of the fatal accident, which in a civil case is known as legal damages.
If at least one of these basic aspects existed as a result of the accident that claimed the life of your loved one, you have the right to seek legal action against the liable parties through a wrongful death lawsuit in civil court. If you are unsure whether or not these circumstances may have existed in regards to your possible case, contact one of our Texas wrongful death attorneys toll-free at 1(800) 862-1260 to discuss the merits of your wrongful death case.

You should also be aware that a civil lawsuit can be pursued regardless of whether or not a liable party is also facing criminal charges since the purposes of each type of case are different. But if criminal charges were considered against any negligent parties, even if they were not formally filed, that has no bearing on your right to file a wrongful death lawsuit in civil court. And if criminal charges are filed against the liable defendant, regardless of whether that defendant is found guilty or innocent in criminal court, the fact that charges were actually filed significantly strengthens any civil case you might choose to subsequently file.

For example, a distracted driver may strike a pedestrian, resulting in that pedestrian’s death. In most instances, criminal charges will not be brought against the negligent driver. If the same driver had been drunk at the time of the fatal pedestrian accident, then criminal charges likely would be brought against the driver. In either instance, the driver could be held civilly liable for their actions through a wrongful death lawsuit in Texas, regardless of the status of the criminal action.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Damages in a Texas Wrongful Death Lawsuit

“Damages” is the legal term for the financial loss that a victim or a victim’s family incurs as a result of a fatal accident. In Texas, damages in wrongful death lawsuits are separated into two categories known as wrongful death damages and survival damages. And because these damages can be viewed differently by a jury, it’s important that both types of damages are sought in a wrongful death lawsuit so that the bereaved family has a better chance to be properly compensated for their loss, and the liable defendants are held properly accountable for their negligence.

Wrongful death damages are those directly incurred by the family members that have lost a loved one due to a fatal accident. These damages can be sought by multiple immediate family members such as a spouse, parents, or children, either separately or collectively. Wrongful death damages will often, but not always, include compensation for items such as the deceased family member’s medical bills prior to death and funeral expenses, along with a family member’s pain and suffering due to their loss. Also included in wrongful death damages is the loss of financial support that had been provided by the decedent and loss of consortium (or unique familial love that is lost). Sometimes that consortium can be both personal and professional if, for example, a father was in business with his wife or his son, or all members were part of a family business.

Survival damages, on the other hand, relate to the damages that the decedent incurred or would have incurred had they survived the accident. And those are damages that any personal injury plaintiff may file against a negligent defendant. But in this case, only one family member can seek survival damages since that family member effectively acts as a proxy for their deceased relative in a wrongful death case. In Texas, It should be noted that the family member who seeks survival damages can also seek wrongful death damages, which isn’t the case in many other states. But only the closest living family member can pursue a survival damages claim. Usually, the person who will file a survival damage lawsuit is the spouse. But if the spouse is absent, or chooses not to file a survival damage lawsuit, the children (from oldest to youngest) are next in line. After that come the deceased family member’s parents, then maybe a sibling; again if that person is able to prove a strong and ongoing relationship with the deceased loved one. Again, only one family member can file a survival damage lawsuit.

Survival damages can include financial compensation for things such as a deceased family member’s medical bills that would have been incurred had they lived, their lost wages due to time off from work while injured, their pain and suffering, their mental or emotional duress in the accident, the compensatory value of their disfigurement or possible long-term disability, and the value of any damage to the decedent’s property as a result of the accident, such as an automobile or anything of value that was in the vehicle at the time of the beloved’s fatal car wreck. But computing the value of these amounts is seldom easy, especially for one who is not well-versed in establishing the value of such losses or projected – but unrealized – amounts.

A non-attorney or one with little legal experience may not appreciate the full extent of damages that should be requested of a deceased family member’s survivors. But with over two decades of experience in wrongful death cases throughout Texas, the wrongful death lawyers with our Law Firm have the reputation for success and the depth of knowledge to correctly calculate damages and to justify their inclusion into a wrongful death lawsuit. If all of those damages suffered by a bereaved family are not properly calculated or not included in the civil lawsuit, that unfortunate family stands a very poor chance of realizing full and fair compensation for their loss, and a negligently liable defendant may very well escape the full guilt which would require that they pay for their part in a fatal Texas accident.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Texas Workers’ Comp Laws Can Influence Some Wrongful Death Lawsuits

One variable when it comes to wrongful death lawsuits can occur if the loved one was killed while on the job. Work-related fatalities often involve Texas work injury laws: which can have a great impact on compensation paid to family survivors. About half of these tragic work-related events might involve workers’ compensation insurance. If so, these laws must be correctly applied when surviving family members are planning any wrongful death civil action after the death of their loved one. An employer covered by workers’ comp in Texas is immune to lawsuits, but with one specific exception. If a worker is killed due to gross negligence by their employer, a wrongful death lawsuit can be brought against that employer.

Our wrongful death lawyer’s experience with both wrongful death cases and fatal work accident cases is a big help as you seek justice against such a negligent employer. But the standard of proof is quite high if you are to establish an employer’s clear guilt of gross negligence. In the event that an employee dies while working for an employer protected by workers’ comp in which the employer only exercised standard negligence, a bereaved family is limited to compensation for their loss only through the workers’ compensation insurance policy that covers that employer. And that amount is far from likely to fully reimburse family members for the total lost income, or other damages from the fatal accident.

This is where the fatal work injury attorneys with our Law Firms’ ability to investigate the accident strengthens your case or insurance claim. For when that investigation finds other liable parties who may have also been involved in some way, even if it was not overtly, in contributing to the accident, these “third-party” lawsuits are rather common in fatal workplace accidents. In instances where multiple parties bear liability for the death of a worker, a bereaved family may be able to seek compensation through a wrongful death lawsuit against every one of the “third” liable parties, in addition to seeking compensation through the workers’ comp policy that is carried by your deceased family member’s employer. Or sometimes fatal injury accidents in the workplace are caused by defective products or machinery, which opens the manufacturers up to a possible defective product lawsuit.

All of these issues can be quite challenging for those with little to no legal experience. But a well well-trained and experienced wrongful death attorney with our Law Firm is ready to use all his knowledge and skill to work for you so your loved one will not have died in vain.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Wrongful Death Lawsuits Involving Medical Malpractice Can be Very Tricky

Medical malpractice is another sub-category of wrongful death lawsuits. However, recent tort reform in Texas has made it much less likely, but not impossible, for wrongful death survivors to seek legal restitution through a medical malpractice lawsuit. While tort reform was intended to prevent frivolous lawsuits from tying up our state’s court system, it also made it very difficult for legitimate medical malpractice lawsuits to proceed against negligent medical professionals. And as if that wasn’t enough, damage caps now exist on the compensation that can be awarded in one single medical malpractice lawsuit. This means that a bereaved family may not be able to attain fair compensation for their loss that is commensurate to the actual damages they have incurred if their lawsuit is limited to one offending healthcare provider. And though damage caps and other complications surrounding medical malpractice do make it more difficult to win fair judgments, there is still a way for families of those who have suffered wrongful death to recover fair recompense As in work-related wrongful death, we stringently investigate any medical-related wrongful death, we work to identify all liable parties. And any liable third parties to your loved one’s malpractice-related death are also subject to civil action should they be found to have also been liable. Granted, damage caps might still apply. But multiple lawsuits that bring multiple guilty verdicts give your family a much better chance at attaining the desired sum-total damages that are necessary to fully compensate you.

We also must share with you the fact that many attorneys hesitate at the prospect of representing clients in medical malpractice cases because of their challenging nature in the wake of recent tort reform, in addition to the many complicated technical aspects often involved in such wrongful death lawsuits. But our Texas wrongful death lawyers are familiar with all of the challenges posed by medical malpractice cases and are prepared to help you seek full, fair and proper compensation for your family’s loss due to the negligence of a medical professional that caused the death of your loved one.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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The Many Challenges You Will Face to your Texas Wrongful Death Lawsuit

Most wrongful death lawsuits will likely involve some type of liability insurance coverage. Since death often results in a large amount of damages being incurred by both the decedent and the decedent’s family, the insurance coverage that is likely to pay these damages from a wrongful death lawsuit may be worth a very large amount of money; at least six figures in most cases.

As a result, an insurer that holds such a large policy will likely attempt to do whatever it can in order to avoid being held financially responsible for paying-out such a sizable sum. This cold-hearted behavior, even if the evidence clearly proves the insured defendant was negligent in causing this wrongful death rarely changes, regardless of the bereaved family’s obvious need for proper compensation. This is a prominent reason why your wrongful death case requires aggressive legal action in order to work against a guilty defendant’s insurer.

These insurers (along with their adjusters and the lawyers who defend the insurance companies in court) typically attempt to pass the blame for a fatal accident onto anyone other than their defendant who may have been anywhere near the accident. They will even resort to calling your loved one’s actions, or lifestyle, into question in the hopes of having the wrongful death claim completely denied. Unless you and your Texas wrongful death attorney have meticulously built a strong case with relevant evidence that can speak on your loved one’s behalf, an insurer may be able to argue their client of liability for a fatal accident and get themselves off the hook by paying no compensation whatsoever to your family. And this means no justice against the insured negligent defendant either for the accidental death of your loved one. With over two decades of experience in taking-on these types of insurers, our Law Firm is well-acquainted with their methods and tactics, and how to counter every one of them. This means that we can make sure that you’re treated fairly by the insurance companies that have no interest at all in anything other than keeping their money.

Time itself can also be a challenge to wrongful death lawsuits. For instance, the statute of limitations for a Texas wrongful death lawsuit is two years from the date of death. While this timeline can be extended in certain situations surrounding gross negligence, or if criminal charges have been filed against the liable party, or if the defendant was able to hide the facts of his guilt, a victim’s family usually has only two years to seek legal action against that defendant. While this may sound like a long time, it really isn’t, when a thorough investigation must be conducted. It is not unusual for a full investigation to take as long as a year in some circumstances, or if there is a large number of liable parties who must be investigated before determining which ones are truly liable. In addition, all defendants need to have their assets researched in order to assure that they can pay the damages they will owe you and your family once they have been judged to be guilty.

Additionally, the longer you may hesitate to contact a local wrongful death lawyer, the more harm you may unintentionally be doing to your case. Evidence can disappear, or can even be removed by those who wish to avoid being held accountable for their actions. Witnesses can become increasingly difficult to track down. Or they may forget critical details in connection to the fatal accident. Or they may have been “encouraged” by defendants to forget, or they might disappear altogether. This is why it is critical for investigators to be on the scene of a fatal accident as soon as possible after it has occurred, which is why it is equally important that you not hesitate in calling a local wrongful death lawyer if you want to build a strong legal case toward fair compensation for your loved one’s wrongful death.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Contact our Law Firms’ Wrongful Death Attorneys for Help Today

We truly understand why suffering the loss of a loved one due to a wrongful death is without a doubt one of the most devastating experiences that a family can endure. The pain and suffering by the family, the loss of income, the avalanche of bills and the fact that life still must go on (and those bills still need to be paid) always make a tragic wrongful accidental death to a family member overwhelming to the survivors. We know that you’re going through a difficult time right now, and we want to help you make sure that the negligent behavior, whether it’s by one, or several liable defendants, does not create even more emotional and financial stress for your family: today or in the future. And we know you also don’t want another family to have to endure the same sad fate in the future because these negligent parties are not called to legally account for their actions.

This is why we implore you to heed this vital piece of advice: Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact a competent lawyer.

With a successful track record in wrongful death cases across the state, our lead attorney, along with his associates at our Texas Law Firm can help you win fair compensation and seek justice for your loved one’s untimely loss. Our reputation is both respected and well-known by both insurance companies and their defense attorneys. This means that, once we’ve taken the case and created strong arguments based on investigative evidence that can be used in court to justify your full, fair compensation claim, the insurance companies will often choose to negotiate with us in good faith and pay a fair out-of-court settlement. That means your wrongful death suit won’t have to go through a painful and strenuous trial and your family can begin to put its life back together, but with more assured financial security. However, if a trial becomes necessary to fully defend your and your deceased loved one’s rights, we are always prepared to fight for you in court as well. And the insurance companies know that too.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Grieving Families Need to File Wrongful Death Lawsuits When a Loved One Dies Due to the Negligence of Others

As defined by personal injury laws, a wrongful death is said to have occurred when the negligent behavior of a liable party causes, or contributes to, the fatality of a human being.

But somehow, that pragmatic characterization of wrongful death just doesn’t describe the enormous feeling of loss that shatters a family when they’ve learned that their loved one has been suddenly taken away from them. And if the accident that caused this untimely death is due to the careless behavior of another person or entity, the effects on that family can be debilitating, and commonly leads to deep, sometimes permanent, psychological scars.

Wrongful deaths can happen for so many different reasons and in innumerable ways. But they all often occur in less than a moment’s notice, and literally in the blink of an eye. Such a shocking and unexpected loss can leave a bereaved family reeling, and in an emotional fog, as they grasp to deal with their swirling emotions in the wake of their loved one’s death. The emotional wreckage suffered by some families after a loved one’s wrongful death makes it almost impossible to think about seeking legal action in the midst of their grief. “Yes, we need to do that,” they might say: “but later.” And other families are simply unaware that anything can be done. Some people are even hoping you’ll see things that way; to your detriment.

However, pursuing legal action through a wrongful death lawsuit can be an important step in the healing process for a number of reasons. Texas wrongful death attorney our lead attorney offers the following information to help clarify why a family should pursue a wrongful death lawsuit sooner than later, the issues (and opposition), that wrongful death plaintiffs can expect when they initiate such a legal action, and how we might be able to assist you through your time of loss and sorrow: because you will recover, even if your lives will never be the same again.

In the Midst of Your Family’s Grief, Here’s Why it is Necessary to Consider Wrongful Death Actions Now; Rather than Later

We can think of two reasons why a bereaved family should pursue a wrongful death lawsuit after losing a loved one due to a negligent fatal accident: compensation and justice.

The stated purpose of a wrongful death lawsuit is to enable an aggrieved family to seek compensation for their loss from the party or parties responsible for this tragic accident. And even though any amount of money will never return your loved one to you, it can greatly relieve you of the many financial stresses and ominous economic need that a family experiences immediately after such a loss. You’ve got medical costs, funeral expenses. Your loved one suffered tremendous pain as are you and your family now. And if your family was counting on this family member’s consistent income, your bills look even steeper without that money coming in. Seeking compensation for wrongful death in Texas is important under virtually any circumstance. But winning such compensation is especially critical in cases where a primary wage-earner has died. The compensation sought in such an accident can be used to ensure that the surviving family is financially stable as they begin to recover from their loss.

The primary (yet unstated) goal of a wrongful death lawsuit is for the liable defendants to be held accountable for their negligent behavior. And since some fatal accidents are not the result of criminal behavior, a Texas wrongful death insurance claim or a civil lawsuit are the only legal avenues that an aggrieved party has in order bring all of these defendants to ultimate justice. The compensation that they must award to a plaintiff after a successful wrongful death action can be considered a punitive measure of sorts because a high monetary award will make them painfully aware of their negligent actions that caused the death of your loved one. And maybe next time they won’t be so cavalier with the lives of others.

When we take on a wrongful death lawsuit, you always get our best effort to ensure that you’re properly compensated, in addition to making sure that all liable parties are held accountable to you and your family for the harm they’ve done. They may not go to jail for what they did. But they will pay. Like you, we don’t want to see a similar fatal accident occur in the future due to the same negligent behavior by the same liable defendants. We want everyone who is even remotely responsible to be held accountable for the grief and pain they’ve caused you and your family.

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What Constitutes a Valid Wrongful Death Claim in Texas?

Without a clear understanding of the law, many people in your situation aren’t aware of whether or not they may be able to take legal action against a negligent party through a wrongful death lawsuit. So to begin at the beginning, here is a list of basic conditions that had to have existed, in order for a wrongful death lawsuit to be pursued:

The victim must have died as a result of the negligent behavior of another person or entity. This negligent behavior could have been the direct cause or in legal terms, the proximate cause of the fatal accident. Proximate cause means that the liable party played a contributing role leading up to the accident.
The victim must have a surviving family member or beneficiary that can pursue legal action.
The victim or the victim’s family must have incurred some form of financial loss, known as damages, as a result of the fatal accident.
If these basic aspects existed in regards to the accident that claimed the life of your loved one, you will likely be able to seek legal action against the liable parties through a wrongful death claim against an involved liability insurance company (if there is one) or a lawsuit in civil court. If you are unsure whether or not these circumstances may have existed in regard to your possible case, contact one of our Texas wrongful death attorneys toll-free at 1(800) 862-1260 to discuss the merits of your wrongful death case.

Furthermore, it should also be known that a claim or civil lawsuit can be pursued regardless of whether or not a liable party is also facing criminal charges. The purposes of each type of case are different. And if criminal charges were considered against any negligent parties, but weren’t filed, that has no bearing on your right to file a wrongful death lawsuit in civil court. But it certainly strengthens your case against any defendants in a wrongful death civil lawsuit

For example, a distracted driver may strike a pedestrian, resulting in that pedestrian’s death. In most instances, criminal charges will not be brought against the negligent driver. But if the same driver had been drunk at the time he or she hit your beloved family member, then criminal charges likely would be brought against the driver. In either instance, the driver could be held civilly liable for their actions through a wrongful death lawsuit in Texas, whether criminal charges were filed or not.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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An Overview of the Damages That Can Be Awarded in a Texas Wrongful Death Lawsuit

“Damages” is the legal term for the financial losses that a victim or a victim’s family incurs as a result of a fatal accident. In Texas, damages in wrongful death lawsuits are separated into two categories known as wrongful death damages and survival damages. And because these damages can be viewed differently by a jury, it’s important that plaintiffs seek both types of damages in a wrongful death lawsuit so that the bereaved family can stand to be properly compensated for their loss, and the liable parties are held properly accountable for their negligence.

Wrongful death damages are those incurred by the family members that have lost a loved one due to a fatal accident. These damages can be sought by multiple immediate family members such as a spouse, parents, or children, either separately or collectively. Wrongful death damages will often, but not always, include compensation for items such as the deceased family member’s medical bills prior to death and funeral expenses, The family’s pain and suffering due to their loss (again, sought individually or collectively) and the loss of financial support that had been provided by the decedent are legitimate wrongful death damages, as well as loss of consortium. In some cases that loss of consortium (to the spouse) can be both marital and professional if husband and wife run a business together.

Survival damages, on the other hand, relate to the damages that the decedent incurred or would have incurred had they survived the accident. And in this case, only one family member can seek survival damages since that family member effectively acts as a proxy for their deceased relative in a wrongful death case in Texas. The family member seeking survival damages can also seek wrongful death damages. And only the closest living (or designated) family member can pursue a survival damages claim. Usually, the first one that will file a survival damage lawsuit is the spouse. But if the spouse is absent, or does not file a civil suit, the children (from oldest to youngest) are next in line. After that come the parents of the deceased loved one, then maybe a sibling if an unusually close relationship can be proven by the plaintiff. But again, only one person on this list can file a survival damage lawsuit.

Survival damages can include financial compensation for things such as a deceased family member’s medical bills (had they lived), their lost wages due to time off from work while injured, their pain and suffering, their mental or emotional duress in the accident, their disfigurement or possible long-term injury, and property damage costs. Not all of these particular damages must be filed and in many cases, not all of them will be. But establishing which one applies to any specific wrongful death case, then computing the value of these amounts is seldom easy, especially for one who is not well-versed in establishing the value of such losses or projected but unrealized amounts.

A non-attorney or one with little legal experience may not appreciate the full extent of damages that should be requested by a deceased family member’s survivors. But with over two decades of experience in wrongful death cases throughout Texas, the wrongful death lawyers with our Law Firm have the reputation for success and their depth of knowledge to correctly calculate damages and justify their inclusion into any wrongful death lawsuit. If all of those damages suffered by a bereaved family are not properly calculated or included in the civil lawsuit, that unfortunate family stands a very poor chance of realizing full and fair compensation for their loss. And a negligently liable defendant may very well escape owing-up, and then paying his or her fair share for the hand he or she played in a fatal Texas accident.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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The Nature of Wrongful Death Lawsuits When Your Loved one is Killed at Work

A lot of wrongful death lawsuits often occur if the loved one was killed while on the job.

Work-related fatalities involve specific Texas work injury laws. And about half of these tragic events might involve workers’ comp insurance, in which case this issue is the first one that must be taken into consideration. An employer covered by workers’ comp in Texas is immune to lawsuits, with one particular exception. If a worker is killed due to gross negligence by their employer, a wrongful death lawsuit can be brought against that employer.

A Texas wrongful death lawyer’s history of experience with both wrongful death cases and fatal work accident cases is a big help as you seek justice against such a negligent employer. But the standard of proof is quite high in order to establish an employer’s guilt of gross negligence. In the event that an employee dies while working for an employer protected by workers’ comp in which the employer only exercised standard negligence, a bereaved family can seek compensation for their loss through the workers’ compensation insurance policy. But that amount is not likely to fully replace the total lost income or other damages from the fatal accident.

This is where the fatal work injury attorneys with our Law Firm can investigate the accident in order to find other parties that may have also been involved in some way, even if it was not overt involvement, in contributing to the accident. This “third party” involvement is quite common in fatal workplace accidents as often a fatal work accident occurs due to the negligence or carelessness of more than one person or entity. In instances where multiple parties bear liability for the death of a worker, a bereaved family may be able to seek compensation through a wrongful death lawsuit against these “third” liable parties, in addition to seeking compensation through the workers’ comp policy due to the negligence of the employer. Or sometimes fatal injury accidents in the workplace are caused by defective products or machinery, which opens the manufacturers up to a possible defective product lawsuit. And if the employer is not covered by workers’ comp, then an insurance claim or lawsuit may be pursued for the full amount of the family’s financial loss

All of these issues can be quite challenging for those with little to no legal experience. And there are other more subtle issues that could have a strong impact on the nature of your wrongful death claim or case. But a well-trained and experienced Texas wrongful death attorney with our Law Firm is ready to use all his knowledge and skill to work for you so your loved one will not have died in vain.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Medical Malpractice and Wrongful Death Lawsuits

Medical malpractice is another sub-category of wrongful death lawsuits. However, recent tort reform in Texas has made it much more difficult for wrongful death survivors to seek legal restitution through a medical malpractice lawsuit. While tort reform was intended to prevent frivolous lawsuits from tying up the court systems, it also made it very complicated for legitimate medical malpractice lawsuits to proceed against negligent medical professionals. And if that isn’t enough, damage caps now exist on the amounts that can be sought – and paid – in one single medical malpractice lawsuit. This means that a bereaved family may not be able to seek fair compensation for their loss in one suit that would be commensurate to the actual incurred damages they have incurred. And though damage caps and other complications surrounding medical malpractice do make it more difficult to win fair judgments, there is still a way for families of those who have suffered wrongful death to recover fair recompense When we investigate a medical malpractice claim that has resulted in a wrongful death, we will work to identify all liable parties. Some might have caps placed on the amount of damages that can be sought from them while others might not. Then the plan is similar to filing third party claims in a work-related accidental death case. And the more defendants who are drawn into your claim or lawsuit, the better the chance your family will receive total fair compensation.

We also must share with you the fact that many attorneys hesitate at the prospect of representing clients in medical malpractice cases because of their challenging nature in the wake of our recent tort reform, in addition to the many complicated technical aspects often involved in such wrongful death lawsuits. Our Texas wrongful death attorneys are familiar with all of the challenges posed by medical malpractice cases and are prepared to help you seek fair and proper compensation for your family’s loss if it was caused by a negligent medical professional.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Some of the Challenges Posed by Opponents to Your Texas Wrongful Death Lawsuit

Most wrongful death lawsuits will likely involve some type of liability insurance policy. Since death often results in a large amount of damages being incurred by both; the decedent and the surviving family, any insurance compensation that is likely to pay these damages from a wrongful death lawsuit may be a very large amount of money indeed. As a result, an insurer that holds such a large policy will likely attempt to do whatever they can in order to avoid being ultimately responsible for paying out such a sizable sum.

This callous behavior, even if the evidence clearly proves the insured defendant was negligent in causing the wrongful death rarely changes, regardless of the bereaved family’s obvious need for proper compensation. This is a prominent reason why your wrongful death case requires aggressive legal action in order to succeed against a liable party’s “dug-in” insurer. These companies (along with their adjusters and the lawyers who defend them in court) typically attempt to pass the blame for a fatal accident onto anyone who may have been involved in the accident.

They will even resort to calling your loved one’s actions, or lifestyle, into question in the hopes of having the wrongful death claim completely denied. Unless you and your Texas wrongful death attorney have meticulously built a strong case with relevant evidence that can speak on your loved one’s behalf, an insurer may be able to argue themselves out of liability for a fatal accident, and get off the hook of paying no compensation whatsoever to your family. And this means no justice against the insured negligent defendant who is also off the hook for the accidental death of your loved one. With over two decades of experience in taking on these types of insurers, our Law Firm is well-acquainted with their methods and tactics, and how to counter every one of them. This means that we can make sure that you’re treated fairly by the insurance companies that have no interest at all in anything other than keeping their money.

Time itself can also be a challenge to wrongful death lawsuits. For instance, the statute of limitations for a Texas wrongful death lawsuit is two years from the date of death. While this timeline can be extended in certain situations surrounding gross negligence, or if criminal charges have been filed against a liable party, a victim’s family most often only has two years to seek legal action against a liable party. While this may sound like a long time, it is not that long a time when a thorough investigation must be conducted. Some of them have been known to take as much as a year, depending on the circumstances surrounding the death, the number of liable parties, and determining which liable parties will be able to pay their share of the damages.

Other exceptions to that two-year statute of limitations can include:

A wrongful death claim on behalf of a minor child can not expire until the child is of legal age. In fact, the two-year statute does not start to count down until the child’s 18th birthday. For example, if a 15-year-old child lost their father in a work-related accident, that child’s claim would be extended until two years after they are of legal age (their 30th birthday), which would leave a five-year statute of limitations. Generally, a minor child has no legal standing to file any civil suit in Texas until they turn 18. And that point factors into who can file for Wrongful Death or Survival damages.

Wrongful death cases in Texas are subject to the “discovery rule” which states that the two years does not begin to run until the time that a reasonably prudent person would have known that they had a cause of action. A perfect example if the differences in this discovery rule would be to compare a fatal construction accident injury and a fatal injury in a pharmaceutical case. Wrongful death from a construction accident usually doesn’t take very long to determine if someone’s negligence lead to the death of your loved one. But if it is a defective product wrongful death action (in this case, pharmaceutical) and the defect is not known until three years after the death of your loved one, the day it becomes known begins the first day of the two-year statute of limitations.

In cases where the defendant deliberately concealed their involvement or culpability in a death, the statute may be extended to allow the family of the deceased to pursue civil action against the defendant. In some situations, this concealment may be the result of furthering a criminal enterprise. When this happens, the defendant may also be subject to criminal charges in addition to civil charges. But once the concealment becomes public, that too is the beginning of the two-year window to initiate civil action.

Additionally, the longer you may hesitate to contact a Texas wrongful death attorney, the more harm you may unintentionally be doing to your case. Evidence can disappear, or can even be removed by those who wish to avoid being held accountable for their actions. Witnesses can become increasingly difficult to track down. Or they may forget critical details in connection to the fatal accident, or “encouraged” by defendants to disappear. This is why it is critical that your attorney and his investigators to be on the scene of a fatal accident as soon as possible after it has occurred, which is why it is equally important that you not hesitate in calling a Texas wrongful death lawyer if you want to build a strong legal case toward fair compensation for your loved one’s wrongful death..

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Contact our Local Texas Wrongful Death Attorneys for Help Today

We truly understand why suffering the loss of a loved one due to a wrongful death is clearly one of the most devastating times that a family can endure. The pain and suffering you and your surviving loved ones, the loss of income, the avalanche of bills and the fact that life must go on (and bills still need to be paid) always makes such a tragic experience such an overwhelming experience for you and your family. We know that you’re going through a difficult time right now as you mourn your loss. And we want to help you make sure that the negligent behavior, whether it’s by one, or several liable defendants, does not have to create even more financial stress for your family today or in the future. You already have enough to deal with. And we know you also don’t want another family to have to endure the same sad fate in the future because these negligent parties are not called to legally account for their actions.

It’s quite likely that insurance adjusters and their attorneys are already in contact with you and have even begun offering settlements. Please, for the sake of your family, before you speak with an insurance company, or attorney, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. Defendants and their insurance providers and lawyers want you to accept a substandard settlement and save their own money. Don’t be taken advantage of. In fact, we warn you to never talk about any details of your intentions, or anything else surrounding the injury, with anyone until you’ve retained your own experienced lawyer to protect your interests. Failure to do this will certainly cripple whatever compensation rights you and your family have.

With a successful track record in wrongful death cases across the state, Texas wrongful death lawyer our lead attorney, and his associates at our Texas Law Firm, can help you win fair compensation and seek justice for your loved one’s untimely death. Our reputation is both well-respected and feared by both insurance companies and their defense attorneys, This means that, once we’ve taken your case and created strong arguments that can be used in court to justify your full, fair compensation request, the insurance companies might very well decide to negotiate in good faith and pay a fair out-of-court settlement. And that means your wrongful death suit won’t have to go through a painful and arduous trial.

But if a trial is necessary to fully defend your rights and your loved one’s rights, we are always prepared to fight for you in court as well. And the insurance companies know that too.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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