Live Oak TX Wrongful Death and Injury FAQs: What Families and Victims Need to Know

Filing a wrongful death and injury claim in Live Oak, Texas, is about justice and compensation for the surviving family members. These individuals have the right to financial restitution, but there are also rules governing who receives compensation, who is liable for damages, and how much a claim is worth. Hiring an experienced local lawyer to handle your case helps you pursue a fair settlement or judgment in civil court.

Families of deceased accident victims and injured parties get the compensation they deserve by hiring the Live Oak wrongful death lawyers at Carabin Shaw. We offer our services on a contingency-fee-basis, so you can afford the best legal representation with no financial obligation until we win your case. Read our law firm’s client reviews to find out more about our positive outcomes, and contact us as soon as possible to schedule your FREE, no-obligation case review.

According to Chapter 71 of the Texas Civil Practice and Remedies Code, a wrongful death is one that another person causes by:

• A wrongful act
• Neglect
• Carelessness
• Unskillfulness
• Default

A person who causes a wrongful death in Live Oak, Texas, may also face criminal charges, but a wrongful death claim does not require a criminal conviction. Families may claim damages for loss of the deceased victim’s income and support, along with funeral expenses and emotional pain. In cases where a lawyer proves gross negligence, the surviving family members may also receive punitive damages.

A Live Oak lawyer can file a wrongful death claim on behalf of a spouse, child, or parent of a deceased victim. This includes adopted children, and Texas recognizes common-law marriage. However, the courts do not generally allow extended family members and non-relatives to file a wrongful death claim in Texas.

There is an opportunity for compensation for the heirs of the deceased victim’s estate in a survival cause of action. In this type of case, a lawyer would claim damages as if the deceased victim were still alive. In some cases, family members can file both types of claims to maximize compensation.

Texas workers’ compensation laws prevent workplace accident victims from filing a lawsuit against their employer, even in cases of death, unless the accident was caused by gross negligence. Therefore, a Live Oak personal injury attorney can generally only file a wrongful death claim if the employer was a non-subscriber to workers’ compensation insurance.

Surviving family members of a deceased worker may collect death and burial benefits from workers’ compensation insurance. These benefits include 75% of the deceased worker’s average weekly wage and money for burial expenses. Speaking to a lawyer helps survivors to understand their legal options and negotiate a fair settlement.

Generally speaking, the statute of limitations for wrongful death claims in Texas is two years. While that may seem like a long time, the grieving process can make this time pass faster than one would expect. Family members may not feel up to hiring an attorney and proceeding through the legal process.

Hiring an attorney is not as difficult as it may seem, and having a legal team to support you while you grieve ensures that you get the compensation you deserve. This won’t bring back your loved one, but it will help you to have money to maintain your livelihood while you adjust to the hardship.

The last thing anyone expects to need is a wrongful death attorney in Live Oak TX. However, in the event of an untimely death, having strong legal representation can help you to seek justice. It also ensures you can continue paying bills or get the support you need during the grieving process. The expert legal team at Carabin Shaw is compassionate about your loss and offers sound legal advice.

Call our toll-free number at 1-800-862-1260 or contact our law firm online to schedule your free consultation. Someone is available to speak with you 24/7, and we have staff available in English and Spanish.

For more information:

• Texas Statutes Wrongful Death
• Wrongful Death
• Texas Department of Insurance