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.