Hurst Wrongful Death Attorney

Wrongful Death Attorneys

Recovering from the devastation of losing a loved one can be a traumatic experience. When that death was caused by the negligence of another, the trauma increases exponentially. Further, the grief of losing a loved one can be compounded by the extreme financial difficulties resulting from the death of a primary family breadwinner. Of course, financial compensation will never bring back a loved one. It can, however, significantly alleviate the financial burdens resulting from another’s negligence. Having a highly-skilled Hurst wrongful death lawyer by your side can make the process of filing a wrongful death claim significantly easier—and the outcome is likely to be much more positive.

The Hurst wrongful death lawyers at Noteboom—The Law Firm, will immediately contact the defendant’s insurance company. They will deal with us directly. We are highly skilled negotiators as well as aggressive litigators. If a fair settlement cannot be reached through negotiation, we will file a lawsuit and begin the litigation process. The discovery process will allow us to accumulate proof of the other party’s negligence. This proof may include medical documents, work and driving history, and employment records. Our attorneys will ensure you and your loved ones are properly prepared and know what to expect from the process. Because we are proud of our record in wrongful death claims, we tell potential clients that if they can find another firm with more impressive credentials than our own, they should hire them.

Should You Hire An Attorney For Your Texas Wrongful Death Case?

 What is a Wrongful Death?

When a person acting in a negligent manner causes an accident that results in injury to another, this can lead to a personal injury claim. If the individual injured by the negligent party subsequently died, the personal injury claim turns into a wrongful death claim. Like a personal injury claim, a wrongful death claim will ask for medical expenses and lost wages for the decedent. It will also ask for additional damages related to the death. If you have lost a loved one to wrongful death, let the experienced Noteboom attorneys take this burden from you. We believe you deserve the time to grieve your loss while we handle the legal aspect of obtaining a fair settlement from the negligent party’s insurer.

What Are Some Common Causes of a Wrongful Death Claim?

Just as automobile accidents are a major cause of personal injury claims, they are also common causes of wrongful death claims. Distracted drivers, impaired drivers, aggressive drivers, and fatigued drivers can all cause serious accidents, leading to the injury and death of others. Automobile accidents include truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents. In addition to auto accidents, the following are some of the major causes of wrongful death claims:

• A defective or dangerous product can be responsible for wrongful death. Designers, manufacturers, distributors, and sellers of products are required to minimize the risk of harm from their products to the public. When death results from a flawed design, a failure to warn of potential injury or death, or a defective manufacturing process, there may be a basis for a wrongful death claim.
• Medical malpractice is a major cause of wrongful death claims. When a medical professional fails to act as another medical professional with similar training would have done, medical malpractice may have occurred. Medical malpractice can include prescription errors, misdiagnosis, surgical injuries, emergency room errors, delayed diagnosis, or even a medical equipment malfunction.
• A criminal act can result in a wrongful death claim. When an individual takes the life of another through malice or negligence, a wrongful death claim can be filed.
• Work-related accidents that are the result of the company’s negligence can be the basis of a wrongful death lawsuit. This includes illnesses resulting from an unsafe work environment. Machine-related incidents, accidents due to improper training, explosions, fires, or faulty equipment can all be the cause of work-related accidents resulting in wrongful death.

Who Can File a Wrongful Death Claim in Texas?

Each state determines who can file a wrongful death claim. In the state of Texas, family members (spouse, children, adoptive parents, and adoptive children) can file a wrongful death claim, and a parent can file a wrongful death claim on behalf of a child under the age of 18. Family members may also ask for a wrongful death claim not to be filed.

If, however, qualified family members fail to make such a request—and fail to file their own claim within three months of the victim’s death—then the right to file a wrongful death claim goes to the decedent’s estate representative. The representative can file on behalf of the family members, or file when the family chooses not to file their own claim.

Any compensation from a Texas wrongful death claim will go to the decedent’s family members or heirs. The compensation could also become part of the decedent’s estate. Texas law generally prohibits siblings and non-relatives from filing wrongful death claims. If, however, a non-relative can exhibit his or her financial dependence on the decedent, a judge could potentially allow such a claim.

 What Types of Damages Can Be Recovered Following a Hurst Wrongful Death?

Both economic and non-economic damages may be awarded in a Hurst wrongful death claim. Economic claims involve losses that are quantifiable—that is, they can easily be measured. Economic damages include medical expenses and lost wages. Non-economic damages are less easily quantified—they are more subjective. Non-economic losses could include pain and suffering, loss of consortium, or loss of guidance from a parent.

All expenses related to the accident and the decedent’s subsequent medical costs are included under medical expenses. Lost wages can include the wages the decedent lost while he or she was still alive but injured from the accident. Lost wages also include wages the decedent would have received over his or her lifetime if the accident and death had not occurred. Pain and suffering for a wrongful death claim would be for the physical, mental, and emotional trauma loved ones experienced as a result of the death. Funeral costs are a part of a wrongful death claim, as is loss of consortium, loss of parental guidance, and loss of inheritance.

How a Hurst Wrongful Death Lawyer Near You Can Help

If you have lost a loved one due to the negligence of another, a Hurst wrongful death lawyer from Noteboom—The Law Firm, wants to speak to you. Our law firm has gained a notable reputation throughout the state of Texas for handling catastrophic loss cases, including wrongful death claims. We understand the gravity of wrongful death claims and have the financial resources necessary to see wrongful death cases through to completion. We have an in-house investigator, rather than using outside resources.

The Noteboom attorneys take a collaborative approach to wrongful death and catastrophic loss cases. This approach has consistently yielded excellent results. If your family has suffered a tragic loss, do not risk your financial future to a less experienced law firm. Noteboom—The Law Firm, has the ability to front the necessary expert fees and court costs, fighting hard for your future. Contact Noteboom—The Law Firm, today.