Losing a family member due to someone else’s negligence can feel like the end of the world. You have no idea how you and your loved ones will cope with your loss. Hiring a wrongful death lawyer in New Braunfels probably isn’t a consideration during this difficult time. Yet, your attorney may help you hold the liable party accountable for the harm that they’ve done.
At The Texas Law Dog, we empathize with those who have lost a loved one as a result of another party’s actions. Our team has years of experience with wrongful death cases. We can connect you with a personal injury lawyer in New Braunfels who can provide insights into your legal options based on the specifics of your situation. Contact us today.
Why You Should Discuss Your Wrongful Death Case with an Attorney
Your wrongful death attorney in New Braunfels genuinely cares about you and your family. They will make no assumptions regarding your case. Rather, they will listen to you, learn about your case, and give you personalized legal recommendations. If you decide to proceed with a wrongful death claim or lawsuit, your attorney will stay at your side throughout your case.
Expect your lawyer to explain how to handle a wrongful death claim and address your legal concerns or questions. Your attorney wants you and your family to focus on one another in the aftermath of your tragic loss. As you do, your lawyer can prepare their argument. They can also negotiate a settlement on your behalf or, if warranted, present your case to a judge or jury.
The Texas Law Dog has obtained millions of dollars in compensation for our clients. We can provide you with FAQs and resources relating to wrongful death claims and lawsuits. If you’re ready to take legal action against anyone responsible for your loved one’s wrongful death, we’re here to help. To get started, schedule a free case review.
How Much Time You Have to File a Wrongful Death Claim in New Braunfels
Per Texas Civil Practice and Remedies Code Section 16.003, there is a two–year statute of limitations for wrongful death claims. This means you may have up to two years from the date a loved one dies due to another party’s actions to seek compensation.
A wrongful death is defined in accordance with Texas Civil Practice and Remedies Code Chapter 71. You may be eligible to submit a wrongful death claim if you are the surviving spouse, child, or parent of a deceased person (decedent). Outside of these relatives of a decedent, a personal representative of this individual’s estate may file a wrongful death claim.
Talk with a New Braunfels wrongful death lawyer if you’re debating whether to move forward with a claim. Your attorney can describe what a claim will entail and how much your case may be worth. They may advise you to submit your claim and pursue compensation through insurance settlement negotiations or a trial.
New Braunfels Wrongful Death Lawyer Near Me (817) 775-5364
How a Wrongful Death Claim Can Be Resolved Through an Insurance Settlement
If you file a wrongful death claim, the insurance company of the party liable for your family member’s death may offer a settlement. Getting a settlement is an opportunity to secure compensation for your losses. However, the first settlement offer you get may be worth far less than your damages.
Your attorney can calculate your economic and non-economic damages. They want you to recover damages for your late family member’s burial and funeral expenses, medical bills, and other quantifiable and subjective losses. If an insurance settlement falls short of what you are requesting for compensation, your lawyer may encourage you to decline it.
Turning down a settlement offer doesn’t close your settlement negotiations. Your attorney can go back and forth with an at-fault party’s insurer in the hopes of coming to terms on a settlement. If no agreement is reached, your attorney may file a lawsuit for you, and you can bring your case to trial.
What Can Happen in a Wrongful Death Lawsuit
Your lawyer can keep the lines of communication open with a liable party. Doing so may allow settlement negotiations to continue until your case reaches trial. If an at-fault party proposes a settlement, you can review the offer with your lawyer. You’re not obligated to approve an offer. Thus, if you want to pursue justice and damages in court, your lawyer supports your decision.
Leading up to your trial, your attorney may gather your late family member’s medical records, photos, and videos from the scene of their fatal accident, statements from witnesses who saw this incident, and other evidence. They want to collect an abundance of proof, as this can make it difficult for the defendant in your case to dispute your compensation request.
Your attorney can give you information about the role of a jury in a wrongful death case and other legal topics. When your case goes to court, your lawyer can share their argument and make it clear why your damages request is valid. If your attorney’s argument resonates in court, you may be well-equipped to get a favorable ruling.
Who Can Be Held Liable for a Wrongful Death
One or more parties can be held responsible for your late family member’s death. Your lawyer can interview witnesses from the scene of your loved one’s fatal accident, look at surveillance or traffic camera footage of this incident, and take other measures to investigate. They may find that any of these parties is at fault for your loss:
- Motorist
- Truck driver
- Business operator
- Property owner
- Government entity
In alignment with Texas Civil Practice and Remedies Code Section 33.001, proportionate responsibility may apply to your wrongful death case. With this, if a judge or jury determines that your family member was 1-50% liable for their death, you may be awarded partial damages based on their degree of fault. Or, if they were primarily at fault, you may not get damages.
Our Attorneys Are Committed to Protecting the Legal Rights and Best Interests of You and Your Family
At The Texas Law Dog, we know how overwhelming it can feel to file a wrongful death claim or lawsuit. If you’re interested in exploring your legal options, we can assist.
For more information, consult with a New Braunfels wrongful death attorney from our team.
