Austin Wrongful Death Lawyer – File A Civil Suit
Nothing is more painful than losing a loved one. If there is a chance that this loss might have been avoided, this painful experience could also turn into a confusing and infuriating situation.
Our committed personal injury lawyer at Batrice Law Firm supports clients during what may be the hardest moments of their lives. Austin wrongful death lawyer Paul Batrice takes painstaking care to help Texas families achieve justice on behalf of their parent, child, common-law spouse, or other loved one.
With a thorough approach, we can help you with compensation for damages in your wrongful death claim. The first step is a free consultation with Austin wrongful death attorney Paul Batrice.
Wrongful Death Inflicts Numerous Damages
Whether due to a motor vehicle accident, boat collision, or other serious accident, wrongful death can take a toll on a family. The sudden loss of a loved one can affect the support system within a household, including factors like emotional well-being and financial stability.
Fortunately, because of the severe impact due to the loss of a family member, eligible parties within the victim’s family can file a wrongful death claim to seek compensation for damages. Compensation for wrongful death lawsuits can cover expenses and other losses such as:
- Medical costs and end-of-life care
- Funeral costs
- Lost wages and earning potential
- Loss of parenting and other relational losses
- Pain and suffering
- Punitive damages
Not all relatives are eligible to file a wrongful death claim, but the eligible parties often experience significant challenges in the wake of a tragic accident. The wrongful death attorneys at Batrice Law Firm will work to prove that another party is at fault in your fatal accident case involving loved ones in Austin, TX. You shouldn’t have to pay the funeral expenses resulting from your family tragedy.
Our proven track record of wrongful death lawsuit trial experience gives us an advantage when taking wrongful death cases to court. We work tirelessly for your family to prove the negligence that resulted in the loss of your loved one.
Losing a loved one is difficult enough without the extra stress of a lawsuit. That’s why we are prepared to handle the details for you, including creating a protected trust to shield your children’s award from creditors. We work to give you the best of both worlds: time to grieve and a chance to achieve justice.
Your free initial consultation with a wrongful death attorney at Batrice Law Firm will help you determine the legal actions available that could lead to compensation for your loss.
Wrongful death lawsuits can help in a variety of cases
- Product defects and malfunctions
- Medical malpractice or errors
- Accidents in the workplace
- Property owner negligence
- Abuse or neglect of a child
- Accidental poisoning
- Semi-truck accidents
- Auto accidents
Determining who is at fault in Austin wrongful death cases
In wrongful death lawsuits, it’s not always clear at first who the at-fault party is, and the type of accident plays a major role in determining who is to blame for the wrongful death of a loved one. Some of the different types of accidents that can result in wrongful death include:
Auto and semi-truck accidents
In many of the auto or truck accident wrongful death cases in Austin, Texas, it’s the other driver who is at fault. Legally, Austin drivers have a responsibility to drive safely.
When a driver breaches their legal duty to operate their vehicle in public safely and that results in the death of a family member or loved one, that driver could be liable.
Sometimes car or truck manufacturers are at fault in accidents leading to wrongful death. If these companies breached their legal obligation to produce safe equipment for use on public roads, they could be liable for the resulting deaths caused by accidents.
Faulty cruise-control systems, braking, or steering components are all possible causes of vehicle accidents resulting in a person’s death other than the driver.
Examples of other parties who might be liable in a wrongful death claim include a driver’s employer, someone whose job is to perform safety inspections on the driver’s vehicle, or a government entity responsible for maintaining the road.
Medical malpractice cases
For medical malpractice cases involving the death of a family member, the doctor is usually the person at fault. Doctors have a duty to maintain care standards set forth by regulating authorities, and if they fail to follow these standards, they could be held liable in a wrongful death lawsuit. Sometimes there are multiple doctors involved, which can complicate determining fault.
An insurance company may also get involved with their attorneys in these types of lawsuits, making it critical you get the best Austin, Texas wrongful death lawyers on your side—Paul Batrice at Batrice Law Firm. Contact us today for your free medical malpractice case consultation.
Injury due to product defects
When product manufacturers design and sell products, there is a duty to offer reasonably safe and defect-free products. When product defects cause accidents that lead to injuries or death, the company that made the product could be held liable for breach of this duty and subject to compensating the victims or their families.
Property owner liability
People who own or operate commercial properties have a duty to maintain safe buildings and outdoor spaces. When these property owners’ safety negligence leads to injuries or wrongful death, they can be found in breach of this duty and held legally liable for damages that compensate family members and victims.
Potential case settlement outcomes
There are a few different types of damages that may be recovered by family members with wrongful death claims in Austin, TX. It’s important to hire an Austin wrongful death attorney that’s well-versed in death case details. The Austin wrongful death attorneys you can trust are at Batrice Law Firm. We are ready to help you with the following main types of damages.
Also referred to as exemplary damages, punitive damages are legal actions intended to punish the guilty party, as in gross negligence cases. Driving while under the influence of drugs or alcohol and causing a deadly car accident could result in punitive damages.
Economic damages are the types of damages that can be figured out in relatively exact monetary terms, such as medical bills, hospital visits, and expensive air-ambulance rides resulting from the accident.
These can include other easily calculated things like loss of wages from a supporting spouse that lived in the household. Also, any lost benefits of the deceased loved one like pensions and insurance coverage are types of economic damages that may be recoverable.
Also known as intangible damages, non-economic damages are awarded for the impact that’s more difficult to calculate in wrongful death cases—the psychological trauma caused by the loss of a loved one.
The suffering families go through when people they care about are taken from them is long-lasting and often mentally devastating. This is why it’s common to see six and seven-figure settlements awarded to families in a wrongful death lawsuit.
Don’t let the legal time limit for wrongful death claims expire
When accidents happen, there is a legal time limit for filing a lawsuit called the “statute of limitations.” The time limit on wrongful death cases is different for each state, but two years is the normal timeframe in most states. There are exceptions, however, in the following special circumstances:
- Negligence on the part of the defendants wasn’t known before the two years expired
- Mental or physical incapacitation of the plaintiff
- The victim of the accident is a minor
- There was fraudulent activity involved
The wrongful death lawsuit process
The process of a wrongful death lawsuit follows a general progression from initiation of the case through settlement or court trial. Here’s what you can expect.
Step One: Contact an Austin wrongful death attorney
The first and most important step in your lawsuit is to contact an attorney specializing in wrongful death lawsuit compensation in Austin, Texas. A lawyer who knows the ins and outs of dealing with nursing home legal claims and other types of wrongful death cases particular to Austin, TX, will have a strong understanding of the local law precedents, maximizing your chances of success. When you contact the attorney, they should provide you with a free consultation that covers the details of your case and what actions you may be able to legally take for compensation.
Step Two: Case Investigation
After you initiate your case with your lawyer, all of the attorneys, along with any insurance company claims adjusters, will perform their investigations into the claim. The cause of death, details of how it happened, where it happened, and how preventable it was are all factors beyond the medical costs.
Step Three: Case Settlement
The majority of the time, cases are settled before they ever go to trial, but first, a settlement dollar amount must be decided upon. This part of the process can take a long time, and expert lawyers know how to balance the amount of time it takes to get the proper settlement agreement.
Step Four: Case Hearing
Sometimes cases do go all the way to trial, and when this happens, a judge will listen to testimony by witnesses and review any relevant evidence to come to a decision.
Turn to us for trusted support in your wrongful death case
If questions arise regarding the circumstances of your loved one’s wrongful death, let us be the ones to dive deep for the answers. The wrongful death attorneys at Batrice Law Firm will review your case, explain your options, and describe the actions our team will take to help you.
For a free initial consultation, call 512-600-1000 or send an email to our wrongful death law firm in Austin, Texas, today.