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Wrongful Death Lawyer in Austin

austin wrongful death attorney

In life there are many things beyond our control, such as the loss of a loved one. While death is inevitable, many things causing death are avoidable. Freak accidents occasionally happen, leaving many people at a loss for words. In such times it is customary to grieve not only for the loss of a friend, but the loss of someone so early and so suddenly. When the demise of a loved one seems unnatural and untimely, it’s a good idea to call an experienced Austin personal injury lawyer.

The circumstances surrounding the death of a loved one often falls under strict scrutiny. This scrutiny can be caused by many impulses but is largely driven by suspicions of wrongful death. When the totality of the circumstances leads you to question the cause of death, wrongful death attorneys can help.

Wrongful Death

What is a wrongful death case?

A wrongful death case is filed in order to claim benefits from a personal injury accident. This case can be filed in the event that someone got killed because of the negligence of another party. This also applies when the other party intentionally took steps that eventually lead to the death of a person.

The defendant owes the surviving family members of the victim a monetary compensation. This is due to his role in the death of the victim.

What is needed to file a wrongful death case?

In order to file a claim, the grieved party should be able to prove that the defendant has committed negligence which lead to the death of the victim. In addition to that, the claims can only be filed if the victim has surviving child, spouse or any family member.

Without these two essentials, filing the wrongful death claim will not be possible.

Who should file wrongful death claims?

This is a question that has many answers. Who should file wrongful death claims may vary depending on the state policies. Typically, it is the immediate family– either the spouse, children, or parents– of the victim may file the claim. In the event that the child is still a  minor, representation will surely be needed. Each and every state has their own rules when it comes to this case so it is best that you familiarize yourself first with the rules before you make any move.

What would be the restrictions to file a claim?

Restrictions for this type of case may vary depending on the state. Once the statute of limitations has run out, the claim will surely be denied. It is best that you talk with a lawyer to determine if you still have a case or not. With the help of a lawyer, you will be able to know if your case is still worth pursuing and how you can do it.

If you have many other questions about your wrongful death case, it is recommended that you talk with a personal injury lawyer. This legal professional knows the ins and outs of this type of case so you are rest assured that you will be able to maneuver through the legal process a lot easier and more efficiently.

A death is a very sensitive case. This is why you need a professional that will not only help you with the case but one that is also compassionate enough to understand the grief the comes with losing a loved one. Make sure to hire the right personal injury lawyer for your professional and emotional needs.

Last November my family and I were involved in a tragic car accident that was caused by another driver. Kevin Henrichson came highly recommended and I am thankful to have had his expertise throughout the ordeal. His professionalism and determination to make sure we were not unduly burdened financially made all the difference. There is no way we could ever be compensated for the loss of life and the injuries sustained, however he explained the legalese to us and helped us navigate the complex insurance situation with compassion. Kevin and his staff were always available and responded to our concerns in a timely manner every step of the way. I am grateful for his kindness during such a difficult time. I will absolutely recommend him in the future.

-Mark, Car Accident

Lawyers can help with settling of the deceased estate, as well as the prosecution of any party that might of deprived your friend/relative, of life. Instances such as vehicular manslaughter happen often and it takes a good wrongful death lawyer to help make sense of things.

Wrongful death attorneys can help you and yours get the justice you deserve by doggedly pursuing the opposing side with letters, evidence and pleadings filed on your behalf. Often the death of a loved one causes many persons to forget the events surrounding the person’s demise and instead focuses on all of the history the two parties share.

Case Study

fire-victim

Fire Victim

In the year of 2001, a student living in an off-campus dorm owned by the University of Texas fell victim to a fatal fire that took the life of his roommate and left him severely burned on more than 45 percent of his body. Because of the failed safety features of the regulated living space, the University’s Housing Corporation faced the repercussions of the lawsuit.

After an 8 day trial and lengthy litigation, the jury reached a verdict in favor of the victim. While Byrd Davis Alden & Henrichson, LLP are keeping the exact terms of their successful settlement private, they assure the public that the victim will be justly compensated and a future for safer living spaces for students has began being paved. Full Story

In the News

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While an unexpected death of a family member or friend may occur it is important to understand the facts surrounding the situation, and to supply those facts to a good lawyer, so that he might help you as best he could. Often, the emotional strain of death can cause a person to lose sight as to how they can best remedy the emergency before them. One must keep in mind that a cool head almost always prevails and reacting out of pure emotion in this instance might hurt more than help.

Many of us wish for a high quality of life without the dangers of the real world. But the truth is that these dangers exist, and that accidents and wrongful deaths occur because of negligence. Such incidents bring about physical injuries, psychological trauma, emotional damage and financial problems to the victims and their families. If a person dies at the hands of someone who is found to be negligent in his or her duty, then a wrongful death lawsuit may be filed by the deceased’s survivors.

Defining ‘Wrongful Death’

Basically, wrongful death refers to the loss of life because of the negligent, otherwise preventable actions of someone (or a group of people) other than the decedent. Whether the action was intentional or not, a wrongful death lawsuit may be filed under the laws of personal injury, using negligence as a basis. Wrongful death cases have been linked to several situations, which include:

Vehicular Accident

When a negligent driver accidentally collides with another vehicle or pedestrian, the resulting death could make him or her liable for a wrongful death case. This is one of the common causes of wrongful death, with distracted driving the leading cause of accidents.

Medical Malpractice

When your healthcare provider, doctor or nurse commits mistakes with diagnosis, treatment, surgery, and other medical-related procedure, the results are often serious and life-threatening. The common medical malpractice cases have been based on misdiagnosis, and the incorrect prescription and administration of drugs and other medication. Other instances include childbirth injuries and leaving foreign objects in a patient’s body after surgery.

Toxic Tort

When an employer does not adhere to the required measures to protect its employees from the harmful chemicals present in a workplace, the decedent’s survivors can file for a wrongful death case.

Workplace Accident

When poor working conditions take a toll on the individual and result in fatal injuries, the survivors can also file a wrongful death case. The construction industry is one of the accident-prone careers, putting workers at risk for slips and falls, electrocution and being struck by objects.

Product Liability

When a product is used for its intended purpose, and fatally injures an individual because of a defect in the design, manufacturing or labeling, then it is grounds enough for a personal injury suit under the laws of strict liability. Common product liability cases include vehicles in which there was a defect that caused the death of the deceased.

Premises Liability

When an individual doesn’t make sure that his or her property is safe enough not to cause accidents to otherwise careful individuals, then the survivors of the decedent can also file for wrongful death.

There are generally three kinds of damages that can be filed in a wrongful death case – economic, which are direct expenses related to the individual’s death (such as medical and funeral bills), as well as lost damages that the decedent would have earned if the accident did not occur. The second type refers to non-economic damages, which will make up for the pain and suffering, as well as the loss of consortium and companionship between the decedent and his or her survivors. Lastly, punitive damages are those awarded on top of economic and non-economic damages, for the sole purpose of punishing the liable party.

Austin Wrongful Death Attorney

It is important to understand and be able to explain all of the problems facing yourself as the victim of such accident. Largely, people tend to gloss over important information and dates, necessary to continue or file the proper pleading in the proper court. A good lawyer can help you make the changes necessary to continue in your case. Contact us today.

Wrongful death attorneys handle many cases that often feature single paying individuals, completely uncovered by health care, who are in need of real assistance. If the price seems too extreme, good wrongful death attorneys should be able to help you with your case in spite of the price. Indeed, many wrongful death attorneys take many personal cases relating from one extreme to the other.

Given your personal history, the circumstances of the night in question and your own personal relationship with the opposing party, wrongful death attorneys might be able to help you where other lawyers can’t. The complexities and nuances of wrongful death pleadings, can best be read by someone who writes them.

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