New Braunfels, Texas Wrongful Death Lawyer
South Central Texas Attorney Holding Negligent Parties Accountable
Any loss of a loved one is a terrible tragedy. If someone else's negligence is to blame, a situation such as this can be especially bewildering. You most likely want to make sure no one else ever has to go through what you have gone through. Your family deserves compensation for the loss you have suffered.
Trust James Bettersworth to Guide You Through a Wrongful Death Case
At The Bettersworth Law Firm, we take your loss very seriously. Our experienced wrongful death lawyer can remove the burden of litigation from your shoulders, allowing you to focus on what is really important during a time of grieving: your family and friends.
Our firm will assist you through every step of the recovery process. We understand that at such a difficult time, the last thing you want to do is pay attorney's fees, so we charge no fees unless and until you get compensation. Contact us to set up a free initial consultation.
Ensuring Your Security Now and in the Future
The monetary compensation you deserve extends far beyond repayment for your family's immediate expenses. Our highly skilled Texas personal injury lawyer will also help to structure your settlement to ensure your family's financial stability in the future.
In order for our team to get you the compensation you need, we must work together to prove four things:
- The death was caused by the actions of the defendant.
- The defendant's actions were negligent.
- There is a surviving spouse, children, beneficiaries, or other dependents.
- Monetary damages have resulted from the victim's passing.
We will work with medical experts, accident specialists, and other experts who can help build our case. In most wrongful death cases, there are many damages that can be recovered, including:
- Pain and suffering
- Medical bills
- Funeral expenses
- Loss of future earnings
- Loss of benefits, such as pensions or insurance coverage
- Loss of inheritance that would have accrued
- Loss of consortium (a.k.a. companionship)
In some wrongful death cases, the family may also receive punitive damages, which are intended to punish the defendant for his or her wrongdoing. For more about the laws pertaining to wrongful death claims, please call us at 830-606-0404.
How Does a Wrongful Death Action Differ From a Personal Injury Claim?
These two types of litigation are very similar in terms of the conduct alleged. The main differences between the two are the degree of harm and who the plaintiff is. When someone is injured but survives, they can bring a legal claim against the at-fault party for personal injury. If a victim is killed, their surviving family members or a representative of their estate may pursue a lawsuit against the at-fault party. Any type of negligence that qualifies for a personal injury lawsuit would also warrant a wrongful death lawsuit if the victim died from their injuries.
Who Can File a Wrongful Death Lawsuit in Texas?
The right to bring a court action is referred to as "legal standing." Each state sets its own laws for who has standing in a wrongful death lawsuit. In Texas, the deceased victim's surviving spouse, children, or parents can sue for wrongful death. This typically includes adoptive children and adoptive parents. Siblings generally do not have standing in wrongful death actions.
If you want to learn more about your legal rights after the death of a family member, contact us for a free consultation.
Contact Our Comal County Wrongful Death Attorney
You do not have an unlimited amount of time to file a lawsuit. The statute of limitations in wrongful death cases in Texas is two years in most cases, meaning that you have only two years after the fatal accident to initiate a legal claim. Other states may have shorter or longer time periods within which a wrongful death suit must be filed. To make sure your rights and interests are protected, please contact our Texas wrongful death lawyer today at 830-606-0404 and get a free evaluation of your case.