What You Should Know About Wrongful Death

Did you lose a loved one due to another’s negligence in Texas? Here is what you should know about wrongful death. Call our attorneys today.

1) Wrongful Death Case Timeline

What You Should Know About Wrongful DeathA couple of years ago, we represented a family whose 8-year-old son had drowned in an apartment complex pool. One of the questions that the family asked was, “How long will it take to resolve the case?” The answer to that question is it depends.

First of all, can you prove that the apartment complex, in this particular case for example, was legally responsible for the drowning? Is the apartment complex going to accept responsibility for the drowning? If the answers to those questions are yes, the apartment complex is responsible and will accept responsibility, then the case can get resolved in a fairly short period of time. If the apartment complex, however, refuses to accept responsibility or is not legally responsible, then it can take some time to move the case, and a lawsuit will probably be required.

During the lawsuit, it’s the lawyer’s job to establish the apartment complex’s legal responsibility. When that has been accomplished through witnesses, through records that we subpoena, and so on and so forth, then the case can get resolved. If not, a jury will make that decision, and that can take up to 18 months.

If you have any other questions, please contact us for a free consultation. We’ll be happy to discuss this and any other issue that you may have.

2) Available Wrongful Death Benefits

One of the questions we often get when representing families that have lost a loved one is, “What benefits or compensation are available to the family in a wrongful death case?” It’s important to separate two particular claims. The estate has its own claims. For example, if the person suffered before they died, then the estate is entitled to be compensated for that suffering.
Other compensation that you can ask for are things such as funeral expenses. Maybe the person was taken away in a helicopter from the scene. Maybe the person made it to the hospital and passed away at the hospital. You can recover those expenses, as well.

The family members (e.g., the husband or wife or the children) have their own individual claims. The value of those claims are based on the relationship between the person that passed away and the family member making the claim. Children, for example, typically, because of their age, will have a larger claim, let’s say, because of the number of years that they have lost the affection and the love of their parent in that particular example.

If you contact us for a free consultation, we’ll be happy to discuss the particulars of your case with you and answer any questions that you may have.

3) Wrongful Death Attorney Fees

When we get a phone call from a family that has lost a loved one in a wrongful death scenario here in Texas, one of the first questions they’ll ask is, “How much is it going to cost to hire you to represent our family?” In Texas, it doesn’t cost anything upfront to hire an attorney to file a wrongful death claim. Texas attorneys, including personal injury attorneys, represent clients on a contingency fee. This means that we will front all the costs of the case, including hiring experts or investigators and paying court costs. Whatever it may be, we will pay that upfront to make sure that your case is thoroughly and properly investigated.

When the case is resolved, either through a settlement or through a verdict, we collect a percentage of the amount that we recovered on your behalf, in addition to reimbursement for the expenses that we have incurred in investigating and preparing your case. If you have any other questions, feel free to contact us for a free consultation. We’ll be happy to answer these questions and any other questions that you may have.


Have you lost a loved one in Texas and have questions about what you should know about wrongful death claims? Contact our experienced Texas Wrongful Death Lawyers today for a free legal consultation and case evaluation.

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