Houston Wrongful Death Attorney

In Texas, there is generally a 2 year statute of limitations for filing a wrongful death lawsuit from the date of the individual’s death. However, there are some exceptions and circumstances that could alter the timeline. It’s crucial to consult with an attorney who specializes in wrongful death cases in Texas to get accurate and up-to-date information based on your specific situation. They can provide guidance tailored to your case and help ensure that you meet all the necessary deadlines. Statutes of Limitations Statutes of limitations are time limits set usually by state law that require a party to bring an action within a certain period of time. There are statutes of limitations for many crimes, for debt and for other legal causes of action. All civil actions have specific statutes of limitations. Each state provides a specific statute of limitations for bringing forth a claim. In many states, the time limit is the same for wrongful death cases as it is for any other type of personal injury claim. In other states the time limit may be different or even shorter for wrongful death cases. The range for states is between two to six years from the date when the cause of action accrued. Factors that Affect the Statute of Limitations Certain circumstances involved in the case may impact the statute of limitations. In some instances, it may be as short as one year. For example, there are often different rules for when the government is the defendant, often including a shorter statute of limitations. If the victim was a minor or mentally disabled, the statute of limitations may be longer. Another time in which the statute of limitations may be different is when fraud or intentional acts were involved. In some instances, the statute of limitations may be …

How Long Can I File a Wrongful Death Lawsuit in Texas? Read More »

Have you lost a loved one due to the reckless or negligent actions of another driver? If so, you may benefit from speaking with a wrongful death attorney such as Beverly R. Caruthers. She can work with you to explore the details of your case to determine if you have a case for a wrongful death claim in Texas. We understand no amount of money can bring back a loved one, however you can get compensation to help you with the funeral and burial costs, medical bills leading up to the death, your pain and suffering, loss of companionship, and more. Do not take legal action alone, instead reach out to our law firm to learn more about working with a wrongful death lawyer. What Is “Wrongful Death” in Texas? In Texas, a “wrongful death” happens when: an injury causes a person’s death or a fetus’s failure to be born alive the injury is caused by another person’s or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default,” and the injured person would have been entitled to file a personal injury lawsuit had they lived or been born alive. As with personal injury claims in general, many types of events can be the basis for a wrongful death lawsuit, including: negligence-based incidents (such as car accidents, defective products, and dangerous premises) medical malpractice, or intentional acts (including crimes). Who Can File a Wrongful Death Lawsuit in Texas? Under Texas law, the deceased person’s surviving spouse, children, and parents—or one or more of those individuals on behalf of them all—are eligible to file a wrongful death lawsuit. If the surviving spouse, children, or parents do not file a wrongful death claim within three months of the date of death, the personal representative (sometimes called the “executor”) or administrator of the deceased person’s …

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Have you lost your spouse in a car accident due to the reckless or negligent actions of another driver? While no amount of financial support can ever bring back your loved one, our team works with family members of the deceased to help them recover monetary losses. Wrongful death attorney Beverly R. Caruthers has experience helping spouses, children, and other family members of the deceased navigate this difficult time. Schedule a free consultation to learn more about how we can help you through this process. Who Can File a Wrongful Death Claim? Each state has different rules on who can file a wrongful death case. Generally speaking, only immediate family members can bring a wrongful death suit. This includes parents, if the decedent was a minor child, or spouses, if the decedent was a spouse. And in cases when the decedent is a single adult, a more distant family member, like a grandparent, can sometimes bring the wrongful death claim. Get more details on who can file a wrongful death lawsuit. Is There an Average Payout for Car Accident Deaths? There is no readily available data when it comes to the average payout amount for wrongful death cases stemming from car accidents. Even if this information were available, it wouldn’t be that helpful, since every case is unique. It might be more beneficial to focus on the key factors that typically carry the most weight when it comes to the value of a wrongful death claim, including: Age of the decedent. If the decedent is a young child, it might make intuitive sense for a wrongful death claim to be “worth” more. But this isn’t usually the reality in the objective eyes of the law, because the accident doesn’t have as big of an effect as economic factors like lost …

Can I File a Wrongful Death Car Accident Claim for My Spouse? Read More »

Have you lost a loved one in a car accident due to reckless or negligent actions of another driver, a business, or other entity? Working with a Houston attorney for a wrongful death claim after a fatal car accident can help you to recover compensation for your loss. Whether the accident is due to a defective product or reckless driving, our Houston wrongful death lawyer Beverly R. Caruthers is here for you. She has more than 30 years of experience helping accident victims and their families file a claim to protect them. If you are dealing with the loss of a loved one, contact our law firm for a free consultation today. What Is Wrongful Death? Wrongful death is a type of legal claim that arises when someone dies due to the careless (negligent), reckless, or intentional act of another. Wrongful death is a civil legal claim. So if someone is liable for wrongful death, they’re not facing criminal penalties. Instead, a finding of liability leads to an order to pay damages in the form of money. In some situations, a person can face both criminal prosecution and a civil lawsuit for wrongful death based on the same incident, but that’s a rare occurrence in the context of a car accident. To bring a successful wrongful death claim, a plaintiff must usually prove: the existence of a duty of care; for example, all drivers have a duty not to operate a vehicle while under the influence of alcohol the defendant (the person being sued for wrongful death) breached this duty; continuing with our drinking and driving example, the plaintiff in that kind of wrongful death lawsuit would likely have to prove that the defendant was driving a vehicle with a blood alcohol concentration above the legal limit; and the breached …

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What Is A Wrongful Death Suit? If someone dies or is killed due to the negligence or misconduct of another, the survivors may sue for “wrongful death.” These types of lawsuits seek compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses. A wrongful death claim exists when a person dies due to the legal fault of another person. That person could be the driver at fault in a car accident or a bartender who served alcohol to a drunk driver, among others. Wrongful death statutes vary from state to state, but they generally define who may sue for wrongful death and if any limits may be applied to an award of damages. Originally, wrongful death statutes were created to provide financial support for widows and orphans. Who can sue for wrongful death? State laws provide for recovery by a surviving spouse, immediate family members, children, and even parents of a deceased fetus. It all depends on your state’s wrongful death statute, and may differ from those considered heirs under state law for intestate inheritance purposes. Generally speaking, though, a suit for wrongful death is brought by the personal representative of the decedent’s estate. Every state has a civil “wrongful death statute,” or set of statutes, which establishes the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent’s death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent’s will. Wrongful Death Suits After Criminal Trials Wrongful death lawsuits sometimes come after a criminal trial, using similar evidence, but are held to a lower standard of proof. Take, for example, the criminal and …

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One of the most painful and difficult things we have to face in this world is coping with the loss of someone we love. Unfortunately, whenever the person we love has passed, due to the negligence or mistake of another, this process can become much more difficult to overcome and accept. In this event, you may be in a situation in which you can file a wrongful death lawsuit. This often helps with finding closure and also offers financial compensation, which can assist in the costs associated with losing a loved one. Whenever a court is deciding if someone is owed financial compensation following the loss of their loved one they take many factors into consideration. Below are some of the most common factors taken into account when determining the extent of wrongful death damages one may be able to claim: The income of the deceased: If your family depended on the income in order to survive and maintain your lifestyle, the courts will take this into consideration. Loss of companionship: If your spouse or a parent passes away, the courts will factor in how much you relied on your relationship with the departed for companionship and development. The level of dependence from survivors: If the deceased left behind children, they are likely to receive more in financial damages, than someone who is survived by their parents or even adult spouse. Expenses: Additionally, the costs of medical and funeral costs will be weighed and factored into the total amount of damages awarded to the family. If your loved one was on life support for an extended amount of time before succumbing to their injuries, this will be taken into account. No amount of money can heal the emotional burden that comes along with losing the life of a loved one. …

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Wrongful Death Attorney in Spring TX Have you recently lost someone you love due to the reckless or negligent behaviors of another? Sometimes this main mean the direct actions of an individual, while other times this may mean the actions brought on by a group or business. The legal term used to describe this event is, “wrongful death.” Whenever you have a claim for a wrongful death, it means you have directly been impacted by the loss of your loved one and are seeking compensation on their behalf fir the emotional and financial devastation their death has caused you. Most often, wrongful death claims and lawsuits are brought on by family members of the deceased, such as spouses, parents, and children. Wrongful death cases typically are reliant on the four main factors listed below: Breach of Duty: If someone such as a doctor, or a company, is unable to provide their service or duty owed to you, in a safe and sufficient manner, they are breaching their duty. There are many variables that can make this hard to prove, but if there is proof the death was caused from them not serving you properly, this is grounds for a wrongful death case. Negligence: There are many forms of negligence that can lead to a wrongful death claim. A great example is when someone chooses not to abide by traffic laws, neglecting safety, and then causes a fatal car accident. Whenever this happens, contact Attorney Beverly R. Caruthers to ensure you are doing everything you can to get the justice you deserve. Causation: Being able to prove the defendant’s actions of negligence or recklessness, caused the death of your loved one. Depending on your situation this can be done in multiple different ways and is best to be left to an …

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Have you lost a loved one in a fatal car crash due to the negligence or reckless behaviors of another driver or company? Are you struggling to make ends meet and are worried about how you will be able to maintain your lifestyle without your loved one around? Attorney Beverly R. Caruthers knows this is a very difficult time for families to go through. The last thing you want to think about in your time of mourning is you financial situation. Do not waste your energy and time pursuing a wrongful death lawsuit on your own, instead work with Attorney Caruthers. She will put all of her energy, experience, and knowledge into the pursuit of your justice so you can spend this vulnerable time mourning with your loved ones. Do not fight alone! When you need justice, contact the Law Office of Beverly R. Caruthers! What Is A Wrongful Death Lawsuit? A wrongful death claim is filed against a defendant who either intentionally or through reckless or negligent behaviors has caused the death of another person. These wrongful death claims allow the estate of the departed person to file a lawsuit against the person or company who is legally responsible for their death. Most often the wrongful death suit is filed by representative of the estate, on behalf of the surviving members of the family, especially dependent members and other affected parties. Example of Wrongful Death Car accident fatalities that are the result of another’s negligence or recklessness qualify for a wrongful death lawsuit. If a victim dies as a result of car accident injuries, a wrongful death claim may be brought. Below are a quick list of scenarios where a wrongful death lawsuit may be appropriate to file against another person or company: -Speeding, reckless driving that leads to …

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What Is A Wrongful Death? Wrongful death is the legal term used to describe a scenario where someone loses their life because of the reckless or negligent behaviors of another person, company, or entity. These claims and lawsuits are usually brought on by the immediate family of the departed victim. These claims are brought about with the intention to seek compensation for the emotional and financial damages that occur once the victim passes. Most often these claims and lawsuits are brought on by family members such as spouses, parents, and children of the deceased. The main factors that are involved in wrongful death will be explored below: Negligence: Those who are pursuing the wrongful death claim must prove that their loved one’s life was lost due to the recklessness, negligence, carelessness or actions of the defendant. This can be done in a number of ways that Attorney Beverly R. Caruthers can explain to you, so together you can build a strong case for your loved one. Breach of Duty: In order to successfully prove a wrongful death, it must be determined that the defendant was responsible to the deceased victim to provide a duty. This comes in many different forms, such as a medical providers have a duty to provide safe and sufficient healthcare to their patients. The plaintiff’s responsibility will be to establish this duty existed and was violated. Causation: You must be able to prove how the defendant’s negligence caused the death of your loved one. This can be done by outlining the expectations your loved one had compared to what they received that resulted in their death. Damages: In order to have a case you must prove that the death of the victim has caused substantial financial loss. Whether that be because of costs associated with their …

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What is a wrongful death claim?  Wrongful death claims can be filed against a defendant when they cause someone’s death due to negligence or intentional harm. The defendant is not always a person, such as in a case where there is an issue with a medication, vehicle manufacturer or another faulty product that results in death. Wrongful death claims allow another person to file them, either as a representative of the departed’s estate, as a family member, spouse or a party that was present and also affected in the incident that led to the untimely death. The main goal of a wrongful death suit is to receive compensation for the survivors’ loss, such as projected income for the victim, loss of partner, funeral expenses and more. The majority of wrongful death lawsuits that are filed are done so after a criminal trial. Wrongful death suits use similar evidence but require a lower standard of proof than a criminal trial, which means a guilty verdict is not required to be awarded compensation.     Examples Of When A Wrongful Death Lawsuit Can Be Filed  -When someone is murdered: If someone intentionally harms another person resulting in death  -When someone dies due to medical malpractice: A doctor or medical facility fails to provide appropriate care, such as administering a medication the victim has an allergy to or failing to diagnose a treatable health condition  -Car accident involving negligence: If someone is texting and driving, intoxicated, breaking traffic laws, etc.    What Must Be Proven?  To find the defendant liable in a wrongful death case, the representative of the deceased’s estate must reach the same burden of proof the victim would have had to if still alive. The goal is to prove the victim would still be alive if they hadn’t encountered the defendant or if the …

Wrongful Death Damages in Houston Read More »