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Personal Injury Law – Wrongful Death Claims

Survival damages and wrongful death claims differ completely; they require completely different legal strategies in order to be successful. In addition, each plaintiff incurs a varying amount of damages, and therefore, each wrongful death damages claim has to be handled on an individual basis. Both of these forms of litigation survival damages claims and wrongful death claims are very complex and intricate, and that does not even take into consideration what you have to do to surmount the hurdles presented by the opposition’s defense lawyers. If you have no legal experience, you will have no chance at winning a lawsuit, because you don’t have the required familiarity with the procedures involved. We have dealt with wrongful death litigation for two decades, and we’ve seen time after time unrepresented plaintiffs see their case dismissed because of a legal technicality that an unrepresented person had no idea existed. More about our Car Accident Lawyer in San Antonio here
Please do not let this happen to you. The Texas wrongful death lawyers with our Law Office can protect your rights and help you obtain the compensation you have coming to you. We have the seasoning and experience needed in order to ensure that all of the minutiae associated with legal procedures are properly taken care of. We will cut off all the defenses attempts at finding legal loopholes, and make sure that those whose negligence resulted in your loved ones’ death are held accountable. We do so not only to get you the compensation you deserve but also to make sure the negligent party changes its behavior so that no one else has to experience a similar kind of pain. That could be one way that at least a shred of something good might come out of the tragedy that robbed you of your loved one. We are not just interested in making money for our clients; we also want to help prevent accidents from happening down the road. This is a vital part of the wrongful death law in Texas, and we are extremely passionate about it. More on this website
Do You Have Grounds for a Wrongful Death Lawsuit?
There are many instances where wrongful death cases are anything but black and white. As a result, the family members of a lost loved one might not know if they, indeed, have grounds for pursuing wrongful death litigation. It is imperative to remember that wrongful death lawsuits are civil cases a defendant need not break a law in order to be the target of a suit. Think about a scenario where a driver who is speeding hits a man crossing the street and kills him. The driver committed standard negligence a temporary lack of focus or reason and thus will not face any criminal charges. The family members of the victim, however, can initiate a civil wrongful death lawsuit against that driver. This, in fact, will be the only way justice can be pursued, since the driver will not face criminal action for his negligence. In addition, a civil suit involving a wrongful death may be filed against the negligent party, even if that party is facing criminal charges because of the death that resulted from that partys actions. If that driver in the scenario mentioned above was intoxicated when the accident occurred, he or she would probably be facing criminal charges such as intoxication manslaughter for causing the fatality. Family members of the victim can, even if the driver is convicted of criminal charges, still file a civil suit. In Texas, the law states that a wrongful death has to meet four criteria in order for the family members of deceased to be able to file a wrongful death claim. These criteria include:

The inactions or actions of another party or parties resulted in the death of the victim.
The party or parties were guilty of committing some sort of negligence when the accident occurred.
The accident victim is survived by family members who are eligible by law to try and obtain wrongful death or survival damages.
The family members of the deceased have experienced some kind of measurable monetary damages because of the death of their loved one.

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