Austin Texas Fatality and Wrongful Death Attorneys

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Wrongful Death Lawsuits in Austin Texas

Have you recently experienced the loss of a loved one? If so, our law firm wants to help you through this difficult time. The sudden and tragic death of a loved one is a traumatic event to suffer through. It is a period filled with grief, mourning, and the attempt to move on. A difficult claim like this is even more frustrating to accept when you have suspicions that negligence, recklessness, or malicious intent may have played a part in the death of your loved one.

Our qualified Austin lawyers have years of experience working on wrongful death lawsuits. Our law firm has fought tirelessly for settlements on behalf of surviving family members of the deceased and understand how difficult and painful this moment in time is for you. Our law firm wants to file your claim or lawsuit on behalf of the deceased individual and help you recover all damages or a settlement for the estate to which you are rightfully entitled by law so that you may begin to rebuild and move forward.

Factors in a Wrongful Death Case

The untimely death or injury of any person is devastating and is often unjust. However, not all deaths will be considered wrongful deaths by law. You may file a wrongful death claim or lawsuit with our law firm on behalf of the deceased when this person has died as the result of error, negligence or the intentional act of another person. This can be a mistake, an act of negligence, or a crime by law and you may be able to potentially sue. Our Austin Texas wrongful death attorneys will fight to prove your case and receive the appropriate settlement.

A wrongful death accident in Austin Texas is settled and fought as part of the civil law justice system on behalf of the deceased. The burden of proof in civil law wrongful death claim is lower than that required for criminal law justice proceedings. It is important to note that surviving family members of the deceased may still file wrongful death accident claims for settlement even file when a criminal case is ongoing.

All wrongful death lawsuits in Austin have several factors in common. First, and most obvious by law, is that is must have been a fatal accident, meaning that someone has died as a result. The next essential element of a wrongful death accident case is negligence, carelessness, recklessness, or malicious intent. In wrongful death cases, your lawyer must be able to prove that the accident is a result of negligence, carelessness, recklessness, or malicious intent indeed caused the death in question in order to receive settlement for a lawsuit.

Austin, Texas law states that there must be evidence showing that the death would not have occurred had the defendant acted in a different manner in order for the family to receive settlement. For example, in drunk driving car accident cases, this evidence of the claim might simply be a blood alcohol content report proving that the defendant was drunk at the time of the accident and that he/she caused this injury or fatality. Or in medical malpractice accident case, it may be a combination of medical reports and expert testimony that demonstrates negligence by a medical professional in order to file for a lawsuit or in some cases, sue for damages.

Another important factor in wrongful death accident cases is economic damages. A wrongful death lawyer must be able to show how surviving family members are financially impacted by the loss or injury of their loved one in order to fight for their settlement. Evidence from accidents can come in various forms, including medical bills, funeral home bills, and pay stubs, but all evidence gathered strives to accomplish one goal: showing that the death or injury in question has caused hardship on the family.

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Jarrett L. Ellzey Attorney at Law
Ellzey & Associates, PLLC
Austin, TX
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Types of Wrongful Death Lawsuits in Texas

There are numerous accidents in Texas in which wrongful deaths or injury may occur. Below is a list of some of the most common wrongful death accidents our Austin, Texas attorneys have seen:

Car accident

Car, truck accidents, and bus accidents are incredibly common on Texas roads. Many are caused by driver error but can result in a fatal accident. These accidents can include situations where a driver is practicing dangerous driving or driving under the influence, engaging in distracted driving practices like texting or eating, or driving while fatigued. Fatalities from a car accident may occur under any of these circumstances and can leave drivers facing wrongful death lawsuits. In some car accident situations, automobile manufacturers may also be held liable by law for wrongful deaths resulting from car accident, bus, or truck accidents.
Defective Products

Product manufacturers are often held liable by law when someone dies after using their product. Some common situations where defective product liability may apply include wrongful deaths resulting from pharmaceuticals, children’s toys, automobile or truck accidents, and dangerous/toxic foods.
Medical Malpractice/Negligence

This is a leading cause of wrongful death. These cases include things like medication dosing errors, mistakes made during surgery, and improper diagnosis. In wrongful death cases related to medical malpractice or negligence, doctors are commonly at fault. In some situations, however, other medical professionals, hospitals, and nursing homes may be held accountable as well.
Work Accidents

Wrongful deaths can occur in any workplace, but there are certainly some occupations that, by nature, are higher risk. Construction jobs, manual labor jobs, and healthcare jobs are some of the most common. Businesses, and sometimes manufacturing companies, can be held accountable when wrongful death occurs as a result of slip/fall or other workplace accidents, equipment malfunctions, crime that occurs on the job, or illnesses developed after working in a hazardous environment.

Determining at Fault Parties for a Wrongful Death Case in Texas

Establishing liability in a wrongful death accident case in Austin can become a complicated matter. Each wrongful death claim has its own unique circumstances at play in accidents, and this often leads to difficulties in determining responsibility. A wrongful death lawyer experienced in fighting wrongful death accident lawsuits in Austin, Texas and can navigate through the laws of the state will be able to work through all the complexities of each wrongful death situation to help ensure that all responsible parties are held accountable for their actions.

Both people and corporations can be held liable in matters of wrongful death accidents. Sometimes only one defendant is named and may be held accountable for the death or injury in question. Other times, the fault may be spread amongst additional parties, be they other people or companies.

In determining liability for accidents, in accordance to Texas law, the biggest factor is usually establishing the way a “reasonable” person would act in a similar situation. If a “reasonable” person would have acted in one way, and the defendant acted in a different way, the defendant is likely to lose his/her wrongful death case. However, if it is determined that the defendant acted in accordance with the way any “reasonable” person would have acted in a similar circumstance, the defendant is likely to prevail in the wrongful death lawsuit.

The question of reasonability in a case can be confusing. Your wrongful death attorney will be able to present a few examples for your case to help clarify what is meant by the word “reasonable.” In wrongful death accidents that arise from unsafe driving, it may be proven that most reasonable drivers would have adhered to the state traffic law, thus avoiding injury, accident, and death. Or, in a case where a structural hazard accident (perhaps falling bricks or a damaged, unstable staircase) caused the death or injury in question, the business may be held accountable for wrongful death due to property liability. If it can be proven that a reasonable business owner would have had such building damage repaired, then a wrongful death attorney can prove liability for death or injury accidents.

Wrongful Death Frequently Asked Questions (FAQ)

Who can bring a wrongful death lawsuit?

Each state has its own strict guidelines about who can bring a wrongful death claim. In Texas, this includes a surviving spouse, children, and parents of the deceased loved one. This means that siblings, grandparents, and other close family members are unable to file wrongful death claims for their loved ones. Spouses, children, and parents can file claims individually or band together as a group to file a claim jointly.

When should I file?

You only have two years to file a wrongful death claim in the state of Texas. This usually means two years from the date of the death, but in some cases, can mean two years from the date of discovery of the cause of death. There are some important exceptions to these statute of limitations rules, however:

If the plaintiff in the wrongful death lawsuit is a minor at the time of the death, they are given two years from the date that they turn eighteen to file a wrongful death lawsuit.
If the plaintiff is physically or mentally impaired during the two-year statute of limitations, an exception may be made.

Will my case settle outside of court?

Each wrongful death case has its own circumstances and complexities. As such, we are unable to say for sure that your case will be settled outside of court. Many wrongful death cases do settle without loved ones ever having to see the inside of a court room. Court cases can be long, expensive, and time-consuming. If liability is relatively easy to prove, we have a good chance of settling outside of court. While we cannot guarantee that you will not have to go to trial, we can guarantee that we will do everything in our power to ensure that you get the fair compensation to which you are entitled.

What kind of evidence will be used?

Wrongful death lawsuits require extensive evidence to demonstrate not only causation and liability, but also damages resulting from the wrongful death. Our legal team has strong experience investigating and gathering evidence related to wrongful death claims. We may obtain death certificates that clearly state the cause of death, for example. We also rely on medical records, pay stubs, witness testimony, and police reports.

How much money will I receive if I win my case?

Because every wrongful death suit is different, there is no set number that we can promise or estimate. A variety of factors impact how much compensation you may get. These include tangible financial figures, including lost wages, lost inheritance, and lost future earnings. They can also include things like loss of relationship, affection, and pain and suffering.

Filing a Lawsuit When You Suspect a Wrongful Death Case

If you suspect that your loved one has been the victim of a wrongful death, there are a few things you should do as soon as possible. First, you should ensure that a police report is filed whenever possible. This can prove to be important evidence down the road and may prove invaluable. The police report will include important details like what happened on the date of the incident or accident, who was present, what video surveillance or photographic evidence may exist, etc. You should also be sure to take your own notes throughout the process to help you recall events and dates easily.

Next, you will need to consult with a qualified attorney. Experienced Austin attorneys will be able to conduct a thorough investigation, file a case when appropriate, and help you navigate the complex legal process.

Recovering Damages

Our wrongful death attorneys have worked to recover various damages for surviving family members of wrongful death victims. Some of the damages an Austin wrongful death lawyer may help you recover include:

Funeral expenses
Medical bills
Loss of wages and future earning capacity
Loss of potential inheritance
Loss of consortium including companionship
Pain and suffering endured by your loved one prior to death (both physical and emotional)

Compensation for Wrongful Death Cases in Austin Texas

Your attorney understands that you are mourning the loss of your loved one and may not want to think about money right now at all. You are in pain, devastated, and facing a long emotional recovery. We have helped many families through similar situations and know that while your pain will never fully go away, financial compensation and seeing justice served may be able to help you move forward. Our wrongful death attorneys are compassionate to your plight and are sorry for the suffering you have had to endure. Your attorney will fight to help you recover the maximum compensation that you are owed.

How We Can Help With Your Wrongful Death Lawsuit

Our team of skilled attorneys has helped many families rebuild after losing a loved one to wrongful death. Our process is designed with transparency, integrity, and your best interests in mind. A wrongful death lawyer will start every client relationship with a free consultation. This consultation allows you to get to know our team and process while also helping us to familiarize ourselves with the details of your case. If your family and our team decide it is prudent to move forward, we will take time to speak with witnesses, gather supporting evidence, and conduct a deep and thorough investigation. We will only file a claim when we have built a strong case. We will try to spare you the difficulty of a long trial by attempting to negotiate with the defense’s legal team. If necessary, we will head to court to fight for your best interests.

Austin Lawyers on Your Side

Our wrongful death lawyers believe that you have been through enough and want to ensure that things go as smoothly as possible as we move through the legal process together. Wrongful death legal battles can be lengthy, complicated, and difficult, but we are committed to remaining compassionate advocates for you and your departed loved one. You deserve justice and our wrongful death lawyers want to help.

More Information

Some location-specific wrongful death content can be found in the links below:

About Wrongful Death

Join us as we speak with wrongful death attorney Jarrett Ellzey, a named partner at the law firm Hughes Ellzey, LLP. In this interview we discuss details related to wrongful death litigation and how Hughes Ellzey handles these challenging and often emotional cases.

Jarrett L. Ellzey

Partner, Ellzey & Associates, PLLC

About Ellzey & Associates, PLLC

Ellzey & Associates is a Texas personal injury law firm that aggressively advocate their clients’ interests in a wide range of legal disputes. The firm has successfully represented individuals with catastrophic injury, wrongful death, car/truck accident, brain injury and other such cases. Ellzey & Associates also has in-depth experience representing businesses in complex corporate, consumer, and class-action litigation involving a myriad of claims such as breach of fiduciary duty, real estate, fraud, consumer protection and Deceptive Trade Practices Act (DTPA) violations, Telephone Consumer Protection Act (TCPA) violations, products liability, auto defects, government contractor fraud, Medicare and Medicaid fraud, Whistleblower and False Claims Act (Qui Tam) claims, whistleblower protection and wrongful termination.

Law Firm Information
Firm:	Ellzey & Associates, PLLC
Address:	501 Congress Avenue Austin, TX 78701
Phone:	1.800.391.0227
Ellzey & Associates Office

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