New Braunfels Wrongful Death Lawyers
Legal help when you lose a loved one due to negligence in Texas
Losing a loved one is one of the hardest experiences a person can go through, especially when someone else’s negligence or wrongdoing caused the death. If you’re dealing with this type of loss, you may feel overwhelmed, confused, and unsure of what to do next. That’s where we come in. At Pat Maloney: Accident & Injury Attorney, our experienced New Braunfels wrongful death lawyers can guide you through the legal process and work to secure the compensation your family deserves.
Frequently Asked Questions
- What is a wrongful death claim?
- Who can file a wrongful death claim in Texas?
- How long do you have to file a wrongful death lawsuit in Texas?
- How do you prove a New Braunfels wrongful death claim?
- What are common defenses in wrongful death claims?
- What is the role of expert witnesses in wrongful death claims?
- What steps should I take after a New Braunfels wrongful death?
- What compensation can I recover for my New Braunfels wrongful death claim?
- Why choose Pat Maloney: Accident & Injury Attorney?
- Do you have a New Braunfels wrongful death lawyer near me?
What is a wrongful death claim?
A wrongful death claim is a legal action brought by the surviving family members of someone who died due to another party’s negligence, recklessness, or intentional act. These claims can provide financial relief and closure to the victim’s loved ones while also holding the responsible party accountable for their actions. In Texas, wrongful death claims can arise from various situations, like:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Workplace accidents
- Defective products
- Medical malpractice
- Criminal acts, like assault or homicide
If you believe your loved one’s death was caused by another person or entity’s negligence, you may have the right to file a wrongful death claim. Our New Braunfels wrongful death attorneys are here to help you understand your options and take the next steps in the legal process.
Who can file a wrongful death claim in Texas?
Texas law outlines who can file a wrongful death claim. The following individuals are eligible to file a claim:
- The deceased person’s spouse
- Their children (both biological and legally adopted)
- Their parents
If none of these family members file a claim within three months of the death, the executor or personal representative of the deceased’s estate can pursue the case. Siblings, grandparents, and other extended family members are not entitled to file a wrongful death lawsuit in Texas.
How long do you have to file a wrongful death lawsuit in Texas?
The state of Texas has a statute of limitations for wrongful death claims. In most cases, you have two years from the date of your loved one’s passing to file your lawsuit. If you miss this deadline, you can lose your right to seek compensation. However, some exceptions could extend or shorten this deadline. If you’re unsure about whether you still have time to file, our New Braunfels wrongful death attorneys can review your case and let you know about your legal options.
How do you prove a New Braunfels wrongful death claim?
For a successful wrongful death claim, you must demonstrate that another party’s negligence or misconduct caused your loved one’s death. The proof typically involves establishing the following elements:
- The at-fault party owed a duty of care. The at-fault party had a legal duty to act responsibly and avoid causing harm.
- The at-fault party failed to uphold this duty of care through negligent or wrongful actions.
- This breach of duty directly led to your loved one’s death.
- The surviving family members suffered financial and emotional losses as a result of the wrongful death.
Our legal team at Pat Maloney: Accident & Injury Attorney will gather evidence, consult experts, and build a strong case to prove liability and secure maximum compensation for your family.
What are common defenses in wrongful death claims?
Defendants (and their attorneys) in wrongful death cases often attempt to avoid liability by using certain defenses, like:
- Claiming the deceased was partially responsible for the accident
- Arguing that an unforeseeable event caused the death
- Denying that their actions were negligent
- Asserting that your claim was filed too late
Our attorneys anticipate these defenses and build strong counterarguments to protect your case.
What is the role of expert witnesses in wrongful death claims?
Expert witnesses can play a big role in strengthening your wrongful death case. Depending on the circumstances, we may work with the following:
- Medical experts to testify about the cause of death
- Accident reconstruction specialists analyze how an accident occurred
- Financial experts to calculate lost earnings
- Mental health professionals to describe the emotional impact on the surviving family members
By using expert testimony, we can present compelling evidence to support your claim.
What steps should I take after a New Braunfels wrongful death?
If you have lost a loved one due to someone else’s negligence, taking the following steps can help protect your legal rights.
- Gather evidence by collecting any relevant documents, photos, or witness statements.
- Request a copy of the death certificate. This official document will be needed for legal proceedings.
- Avoid discussing the case with insurers. Insurance companies may try to minimize your claim.
- Contact our New Braunfels wrongful death attorneys. Our experienced lawyers can guide you through the process, all the while advocating for your rights.
What compensation can I recover for my New Braunfels wrongful death claim?
Our New Braunfels wrongful death lawyers know that no amount of money can truly compensate for the loss of a loved one, but a wrongful death claim can help ease the financial burdens that often accompany this kind of tragic loss. Compensation in a wrongful death case can include:
- Economic damages, which are tangible losses with a clear monetary value, like medical bills related to the deceased’s final injury or illness, funeral and burial expenses, loss of income and benefits, and loss of inheritance.
- Non-economic damages are more personal and more difficult to quantify but are still important. These include emotional pain and suffering, loss of companionship and love, loss of parental guidance and support, and mental anguish experienced by the surviving family members.
- Punitive damages for cases where the at-fault party acted with extreme negligence or intentional harm. The court may award these damages to punish the wrongdoer and deter similar behavior in the future.
Our New Braunfels wrongful death lawyers can carefully assess your case and determine the full extent of damages you’re entitled to seek.
What compensation can I recover for my New Braunfels wrongful death claim?
Our New Braunfels wrongful death lawyers know that no amount of money can truly compensate for the loss of a loved one, but a wrongful death claim can help ease the financial burdens that often accompany this kind of tragic loss. Compensation in a wrongful death case can include:
- Economic damages, which are tangible losses with a clear monetary value, like medical bills related to the deceased’s final injury or illness, funeral and burial expenses, loss of income and benefits, and loss of inheritance.
- Non-economic damages are more personal and more difficult to quantify but are still important. These include emotional pain and suffering, loss of companionship and love, loss of parental guidance and support, and mental anguish experienced by the surviving family members.
- Punitive damages for cases where the at-fault party acted with extreme negligence or intentional harm. The court may award these damages to punish the wrongdoer and deter similar behavior in the future.
Our New Braunfels wrongful death lawyers can carefully assess your case and determine the full extent of damages you’re entitled to seek.
What compensation can I recover for my New Braunfels wrongful death claim?
Our New Braunfels wrongful death lawyers know that no amount of money can truly compensate for the loss of a loved one, but a wrongful death claim can help ease the financial burdens that often accompany this kind of tragic loss. Compensation in a wrongful death case can include:
- Economic damages, which are tangible losses with a clear monetary value, like medical bills related to the deceased’s final injury or illness, funeral and burial expenses, loss of income and benefits, and loss of inheritance.
- Non-economic damages are more personal and more difficult to quantify but are still important. These include emotional pain and suffering, loss of companionship and love, loss of parental guidance and support, and mental anguish experienced by the surviving family members.
- Punitive damages for cases where the at-fault party acted with extreme negligence or intentional harm. The court may award these damages to punish the wrongdoer and deter similar behavior in the future.
Our New Braunfels wrongful death lawyers can carefully assess your case and determine the full extent of damages you’re entitled to seek.