legal 1/14/2020 33.) Wrongful Death – gtg

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The Daunting Challenges Posed by Medical Malpractice Wrongful Death Civil Actions

Medical malpractice is another sub-category of wrongful death lawsuits. However, recent tort reform in Texas has made it significantly more difficult, but not impossible, for wrongful death survivors to win legal compensation through a malpractice lawsuit. While tort reform was intended to prevent frivolous lawsuits from tying up our state’s court system, it also made it very complicated for legitimate malpractice plaintiffs to win compensation from negligent medical professionals. And if that wasn’t enough of a challenge, damage caps now exist on amounts that may be recovered against one single medical malpractice defendant.

This means that a bereaved family may not be able to secure a fair compensation amount for their loss that is truly commensurate to their actual incurred damages 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 Like with on-the-job wrongful deaths, When we investigate a malpractice claim that has resulted in a wrongful death, we work to identify all liable parties. So if there are three identified defendants, the likelihood of receiving a more appropriate total compensation amount is much better.

We also must share with you the fact that many attorneys no longer accept plaintiff medical malpractice claims or 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 intricacies that come with medical malpractice cases. And we are fully prepared to help you seek full, fair and proper compensation for your family’s loss due to the negligence of a medical professional that led to the untimely death of your loved one.

Contact our 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 in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties 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 you allow your deceased loved one to finally rest in peace.

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You, Will Face Many Challenges When Pursuing Wrongful Death Civil Action

Most wrongful death lawsuits begin with survivors filing a claim against a defendant’s liability insurance policy. Since wrongful death often results in a large number 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.

This is why an insurer that holds such a large policy will likely do whatever it can to avoid being held financially responsible for paying out such a sizable sum. This coldhearted behavior, even if the evidence clearly proves the insured party 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 representation in order to work against a liable party’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 any other party that 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 claim completely denied. Unless you and your Texas wrongful death lawyer have meticulously built a strong case with relevant evidence that can speak on your loved one’s behalf, an insurer may be able to wiggle out of liability for a fatal accident and get them off the hook of paying no compensation whatsoever. This means justice against the insured negligent defendant who is denied, and he too is 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 knows how to counter every one of them. This means that you’re treated fairly by the insurance companies that have no interest at all in anything other than keeping their money.

Additionally, as we’ve already told you, the longer you wait to contact an experienced 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 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 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 in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties 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 you allow your deceased loved one to finally rest in peace.

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Texas Statute of Limitations in Wrongful Death Legal Actions

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, a victim’s family most often only has 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.

However, there are some exceptions to this statute. But they all involve unusual circumstances. Below is a brief explanation of some of them.

A wrongful death claim on behalf of a minor child can not begin until the child is of legal age. The two-year statute of limitations, therefore, 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). Generally, a minor child has no legal standing to file any civil suit in Texas until they turn 18. There are is an exception where a minor child’s case can be heard before he or she is of legal age. A parent can file a civil case on behalf of the child. But the court will appoint an ad litem (a non-biased, third-party attorney) who will review the terms of the settlement or jury verdict to determine that the resolution was fair and in the best interest of the child. This keeps family members and other parties from appropriating the child’s damage award for their own interests.

Texas wrongful death cases are subject to the “discovery rule” which states that the two years do not begin a reasonably prudent person would have known that they had a cause of action. A perfect example if such differences would be to compare a fatal construction accident injury and a fatal injury in a pharmaceutical case. Liability in a construction accident usually doesn’t take very long to determine if someone’s negligence leads to the death of a loved one since the discovery process (investigation) begins relatively quickly.

However, imagine that someone takes a prescription drug for a long period of time and dies due to complications from that drug. Then, a few years after this death, it is determined that the drug was defective and caused that loved one’s death. One of the decedent’s family members – typically the spouse – would more than likely be able to file a claim even though the standard two-year statute of limitations window had closed. The idea behind this is that the plaintiff did not know that they had a case until years later: which rightfully extends the statute.

In cases where the defendant deliberately concealed involvement in wrongful death, the statute may be extended to allow the family of the deceased to pursue civil action against the defendant once this concealment comes to light. In some situations, concealment may be criminal. Or the concealment may have been part of a larger conspiracy among two or more defendants. And when a defendant must answer criminal charges for wrongful death, it regularly strengthens your wrongful death civil case, even if the defendant is ultimately exonerated in criminal court.

If a plaintiff has suffered some physical or mental incapacity that keeps them from responding within the standard two-year statute of limitations, the statute may be extended to accommodate the defendant if there is a prognosis for future recovery. For example, if a man and his wife are involved in a car accident and the man dies but the wife goes into a coma for three years, her statute of limitations would likely be extended due to the fact that she was mentally or physically incapacitated and unable to participate in her wrongful death claim on behalf of her husband.

There are a few even more obscure exceptions to our state’s wrongful death statutes. So when you are in the process of interviewing potential attorneys to represent you, reserve a few moments to visit with each lawyer and ask them to help you understand how the statute of limitations might apply to your specific wrongful death claim or case, and if any exceptions might apply.

Contact our 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 in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties 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 you allow your deceased loved one to finally rest in peace.

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