Experiencing the wrongful death of a loved one is a profoundly devastating event. During such difficult times, the Edwards Law Firm is here to help. Our dedicated Corpus Christi wrongful death lawyers are committed to pursuing justice and compensation for your family.
Wrongful death and personal injury cases are often fraught with emotional and legal complexities. Insurance companies typically strive to minimize liability and financial exposure when serious injuries or deaths occur. They employ attorneys whose primary objective is to challenge every aspect of the plaintiff's claims.
At The Edwards Law Firm, we have extensive experience handling personal injury claims, and we are well-versed in insurance company tactics and know how to counter them to safeguard the interests of our clients effectively. The Edwards Law Firm represents individuals and families who have suffered from wrongful death and personal injuries due to the negligence, recklessness, or carelessness of others. Our expertise encompasses a wide range of personal injury and wrongful death cases.
If you have lost a loved one due to wrongful death, you may be entitled to seek compensation through the legal system. Should you have any questions or concerns regarding a wrongful death or personal injury claim, reach out to our Corpus Christi wrongful death lawyers. We provide a free initial consultation, and you will not owe any legal fees unless we secure compensation for you.
A wrongful death lawsuit is a legal action brought by the surviving family members or the estate of a deceased person against the party responsible for the death. In Corpus Christi, Texas, these lawsuits are governed by specific statutes that outline who can file a claim, the basis for the claim, and the types of damages that may be recovered. Understanding the definition and elements of a wrongful death lawsuit is crucial for those seeking justice and compensation for their loss.
In Texas, wrongful death is defined under the Texas Civil Practice and Remedies Code, Section 71.002. A wrongful death occurs when an individual’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity. Essentially, it is a death that would not have occurred but for the actions or omissions of the responsible party.
To establish a wrongful death claim, the following key elements must be proven:
Under Texas law, certain family members are eligible to file a wrongful death lawsuit. These include the surviving spouse, as well as the deceased's children, whether biological or legally adopted, including both minors and adults. The deceased's biological and adoptive parents are also eligible to file.
If none of these eligible family members file a lawsuit within three months of the death, the executor or administrator of the deceased’s estate may step in to file the claim unless the family members request that no action be taken.
These eligible family members can file the wrongful death lawsuit individually or as a group. Filing jointly is often beneficial, as it can consolidate the claims and streamline the legal process. However, if one family member chooses not to join the lawsuit, the remaining eligible parties can still proceed.
Experiencing the wrongful death of a loved one is a devastating event, and seeking justice through legal means can be a crucial step toward finding closure and obtaining compensation. Our law firm works within a wide range of wrongful death cases, ensuring that families receive the support and representation they need. Below are the primary types of wrongful death cases we handle:
Car accidents can lead to fatalities, particularly when they are caused by reckless or negligent drivers, emphasizing the need for responsible driving and adherence to traffic laws.
Truck accidents involving large commercial vehicles often result from driver fatigue, improper maintenance, or overloaded cars, leading to devastating outcomes.
Motorcycle accidents frequently result in fatalities, often because other drivers fail to notice or yield to motorcyclists, highlighting the vulnerability of those on two wheels.
Pedestrian accidents, where individuals are struck and killed by vehicles, are commonly due to driver negligence or failure to follow traffic laws, underscoring the importance of vigilance and caution on the road to protect those on foot.
Medical malpractice cases can arise from various forms of negligence by healthcare providers that result in a patient’s death. One common issue is misdiagnosis or delayed diagnosis, where a healthcare provider fails to correctly or timely diagnose a condition, leading to fatal consequences.
Another serious concern involves surgical errors, such as performing incorrect procedures or making anesthesia mistakes, which can be deadly.
Additionally, medication errors, where incorrect medication or dosage is prescribed or administered, can have fatal outcomes.
Finally, negligent medical care, encompassing any general negligence by medical professionals, can also lead to a patient’s untimely death. These types of errors and oversights underscore the importance of accountability in healthcare.
Workplace fatalities can occur in various settings due to different types of accidents and exposures. Construction site accidents are a common cause of death, often resulting from falls, equipment failures, or safety violations.
Similarly, industrial accidents in factories or other industrial settings can be fatal, frequently due to machinery malfunctions or exposure to hazardous materials.
Transportation accidents also pose significant risks, with fatal incidents involving work-related transportation, such as truck drivers or delivery personnel, being all too common.
Additionally, prolonged exposure to toxic substances in the workplace can lead to deadly consequences, mainly when hazardous chemicals or materials are involved. These incidents highlight the critical need for stringent safety measures and regulations across all work environments.
Fatalities can also result from defective products, where a flaw in machinery, electronics, or vehicles leads to deadly consequences.
Similarly, dangerous drugs that were inadequately tested or improperly marketed can cause deaths, underscoring the importance of rigorous pharmaceutical regulation.
Additionally, unsafe consumer products, such as household appliances or children's toys, can result in fatal injuries due to design or manufacturing flaws.
These incidents highlight the critical need for companies to ensure the safety and reliability of the products they bring to market, as the consequences of failure can be devastating.
Slip and fall accidents can lead to fatal injuries when hazardous conditions on someone else's property are not adequately addressed, highlighting the responsibility of property owners to maintain safe environments.
Inadequate security is another serious issue, where deaths occur due to criminal acts in locations where property owners fail to implement sufficient security measures.
Similarly, swimming pool accidents can result in fatal drownings or injuries at both public and private pools when proper safety measures or supervision are lacking. These scenarios emphasize the importance of vigilance and preventive measures to protect individuals from preventable tragedies.
Neglect and abuse in nursing homes can lead to tragic fatalities, often resulting from inadequate care, mistreatment, or failure to attend to the basic needs of residents.
Similarly, medical negligence within these facilities, including errors in treatment or a lack of proper medical care, can also result in death. These issues underscore the critical need for stringent oversight and compassionate care in nursing homes to protect the most vulnerable populations from preventable harm.
Commercial airline crashes can result in significant fatalities, with devastating consequences for those involved in incidents related to commercial flights.
Similarly, private plane accidents can lead to tragic deaths, often involving smaller, privately owned and operated aircraft. These accidents highlight the importance of strict safety regulations and vigilant maintenance practices in both commercial and private aviation to prevent such tragedies.
Boating accidents involving recreational vessels can lead to fatal incidents, often due to operator negligence or faulty equipment. These tragedies underscore the importance of responsible boating practices and proper equipment maintenance.
Similarly, commercial shipping accidents can result in deaths during maritime operations, highlighting the need for stringent safety protocols and regulations in the commercial shipping industry to protect lives at sea.
At our law firm, we are dedicated to providing compassionate and effective legal representation to families who have lost loved ones due to the negligence or wrongful actions of others. We understand the emotional and financial toll these cases take and strive to secure the justice and compensation that our clients deserve.
If you believe your loved one’s death was caused by someone else’s negligence, do not hesitate to reach out to us. We offer a free initial consultation to discuss your case and explore your legal options. Our experienced attorneys are committed to guiding you through every step of the legal process, ensuring your family’s rights are protected.
When a loved one passes away due to the wrongful actions or negligence of another, the emotional and financial impact on the surviving family members can be overwhelming.
In Corpus Christi, Texas, those who have suffered such a loss may be entitled to recover damages through a wrongful death claim. Understanding the types of damages that are recoverable is essential for ensuring that the family is adequately compensated for their loss.
Economic damages are intended to compensate the family for the financial losses resulting from the wrongful death. These damages include:
Medical Expenses: Compensation for medical expenses includes the costs associated with the care provided to the deceased before their death. This covers hospital bills, treatments, medications, and any other medical interventions necessary to try to save or prolong their life.
Funeral and Burial Expenses: Families can seek compensation for the costs related to the funeral, burial, or cremation of the deceased. These expenses can be significant and are often a financial burden during an already difficult time.
Loss of Earnings: The loss of earnings refers to the income the deceased would have earned had they lived. This includes not only their current wages but also future earnings, benefits, and potential growth in their income over time.
Loss of Services: The loss of services compensates for the value of household tasks the deceased would have performed. This can include childcare, home maintenance, and other domestic responsibilities that surviving family members must now manage or hire help to perform.
Loss of Inheritance: Compensation for the loss of inheritance accounts for the potential inheritance surviving family members would have received if the deceased had lived a whole life. This reflects the financial contributions the deceased would have made to their family over the course of their lifetime.
Non-economic damages are intended to compensate for the intangible losses suffered by the surviving family members. These damages include:
Pain and Suffering: This compensation addresses the physical pain and emotional suffering the deceased endured before their death. It reflects the hardship and distress experienced during their final moments, providing some measure of justice for their suffering.
Mental Anguish: Mental anguish compensation is intended for the surviving family members, recognizing the emotional distress and mental suffering they endure due to the loss of their loved one. It acknowledges the profound and lasting impact of their grief.
Loss of Companionship: This compensation is for the loss of the deceased’s companionship, love, and emotional support. It recognizes the void left in the lives of surviving family members who relied on the deceased for emotional connection and support.
Loss of Consortium: Loss of consortium compensation is specifically for the deceased’s spouse, addressing the loss of companionship, affection, and sexual relationship that was shared with the deceased. It acknowledges the profound change in the marital relationship caused by the loss.
Loss of Parental Guidance: This compensation is for the deceased’s children, addressing the loss of their parent’s guidance, care, and nurturing. It reflects the critical role the deceased played in their children’s lives and the lasting impact of their absence.
In some instances, punitive damages may also be awarded. These are not intended to compensate for specific losses but rather to punish the wrongdoer for particularly egregious or reckless behavior and to deter similar conduct in the future. Punitive damages are awarded at the discretion of the court and are not applicable in all cases.
Several factors can influence the amount of damages awarded in a wrongful death claim, including:
The age, health, and life expectancy of the deceased are crucial factors in calculating lost earnings and future contributions. These elements help determine the financial impact of the loss, influencing the compensation awarded to surviving family members.
The degree to which surviving family members were financially and emotionally dependent on the deceased plays a significant role in determining compensation. This dependency influences the calculation of damages, reflecting the impact of the loss on the family's financial stability and emotional well-being.
The deceased's income, education, and career prospects are essential factors in calculating economic damages. These aspects help estimate the potential future earnings and contributions that the deceased would have provided, thereby influencing the overall compensation awarded to the surviving family members.
The specific circumstances and severity of the wrongful act or negligence that caused the death are critical in determining the extent of liability and the compensation awarded. The more severe or egregious the negligence, the more significant the potential impact on the damages assessed, as it reflects the seriousness of the wrongful act and its consequences.
The quality and closeness of the relationship between the deceased and the surviving family members are significant factors in assessing non-economic damages. A strong, close relationship may lead to higher compensation for the loss of companionship, emotional support, and guidance, reflecting the profound impact of the loss on the surviving family members' lives.
Navigating the complexities of a wrongful death claim in Corpus Christi can be challenging, but understanding the types of damages that are recoverable is a crucial step toward achieving justice and financial relief for your family.
If you have lost a loved one due to someone else's negligence or wrongful actions, it is essential to consult with an experienced Corpus Christi wrongful death attorney. We can help you evaluate your case, gather necessary evidence, and advocate for the maximum compensation to which you are entitled.
At the Edwards Law Firm, we are committed to providing compassionate and comprehensive legal support to families during their time of need. Contact us today for a free consultation to discuss your case and explore your legal options.
When a loved one dies due to the wrongful actions or negligence of another, it is essential for surviving family members to understand the legal timeframe within which they can pursue a wrongful death claim. In Texas, the statute of limitations for filing such a claim is governed by specific laws, which are crucial to adhere to in order to seek justice and compensation.
The statute of limitations is the period within which a lawsuit must be filed. In Texas, the statute of limitations for a wrongful death claim is two years from the date of the deceased's death. This means that surviving family members have a two-year window to initiate legal proceedings against the party responsible for the death.
Failing to file a wrongful death lawsuit within the specified two-year period generally results in the loss of the right to seek legal recourse. The court is likely to dismiss any claim filed after the statute of limitations has expired, leaving the family without the opportunity to obtain compensation or justice for their loss.
While the two-year statute of limitations is a strict rule, there are certain exceptions that may extend or toll (pause) the time limit. Some of these exceptions include:
Discovery Rule: In rare cases, the statute of limitations may be extended if the wrongful death was not immediately apparent and could not have been reasonably discovered at the time of death. The two-year period may begin from the date the death was found to be wrongful.
Minor Children: Suppose the deceased leaves behind minor children; the statute of limitations may be tolled until the child reaches the age of 18. This means that the child may have until their 20th birthday to file a wrongful death claim.
Mental Incapacity: If the surviving family member who is entitled to file the claim is mentally incapacitated at the time of the deceased's death, the statute of limitations may be tolled until the incapacity is lifted.
Fraud or Concealment: If the defendant fraudulently conceals their involvement in the wrongful death, the statute of limitations may be extended. The two-year period would begin from the date the fraud or concealment was discovered.
If you have experienced the wrongful death of a loved one, do not delay in seeking legal assistance. Contact a knowledgeable Corpus Christi wrongful death lawyer to discuss your case and ensure that your claim is filed within the appropriate timeframe.
Our law firm is dedicated to providing compassionate and comprehensive legal support to families in their time of need. Reach out to us today for a free consultation to explore your legal options and secure the justice your family deserves.
Losing a loved one due to someone else's negligence or wrongful actions is a heartbreaking experience. During such a challenging time, navigating the legal complexities of a wrongful death claim can be overwhelming. A Corpus Christi wrongful death lawyer from the Edwards Law Firm can provide essential support and experience to help you seek justice and compensation. Here are several ways a wrongful death lawyer can assist your case:
Navigating a wrongful death claim requires a thorough understanding of Texas law and legal procedures. A wrongful death lawyer has the expertise to guide you through the complexities of the legal system, ensuring that all necessary steps are taken and deadlines are met.
A lawyer will clearly explain your legal rights and options, helping you understand what to expect throughout the process. We will evaluate the details of your case to determine its merits and the potential for success.
A successful wrongful death claim relies on a detailed investigation to gather evidence and establish liability. Your lawyer will handle this critical aspect of your case. We will gather crucial evidence, such as medical records, accident reports, witness statements, and expert testimonies. We will also work to identify all parties who may be liable for your loved one’s death, which could include individuals, companies, or other entities.
Your lawyer will use the collected evidence to build a compelling case, demonstrating how the defendant’s actions or negligence led to the wrongful death. We will prove that the defendant owed a duty of care to the deceased and breached that duty, making clear the direct link between the breach of duty and your loved one’s death. We will make a claim for the full spectrum of the damages incurred, both economic and non-economic, to seek fair compensation.
Insurance companies often attempt to minimize payouts in wrongful death cases. A skilled Corpus Christi wrongful death lawyer will handle negotiations with insurers on your behalf.
Your lawyer will negotiate aggressively to ensure you receive the maximum compensation possible. We know how to handle all the tactics insurance companies use to try to minimize what they owe. You will be protected from these shady strategies as long as we represent you. We will manage all communications with insurance companies to protect your interests and avoid any potential pitfalls.
If a fair settlement cannot be reached through negotiations, your lawyer will be prepared to take your case to court. When you are represented by a Corpus Christi wrongful death lawyer at Edwards Law Firm, your case will be prepared meticulously from the beginning in preparation for trial. This is the best way to ensure that you get a fair settlement amount. In the event that a fair settlement cannot be reached, you will be ready to go to trial to secure a just verdict that covers all your damages and losses.
Dealing with the aftermath of a wrongful death is emotionally taxing. A compassionate lawyer can provide support and alleviate some of the burdens associated with the legal process. Your lawyer will approach your case with empathy, understanding the emotional difficulties you are facing. Furthermore, your stress will be reduced by having legal representation. Your lawyer will handle the legal battles so you can focus on grieving and moving forward with your family.
At The Edwards Law Firm in Corpus Christi, we understand the emotional and financial challenges that come with pursuing a wrongful death claim. That's why we offer our legal services on a contingency fee basis.
This means you won't have to worry about upfront legal costs or hourly fees. Instead, we only get paid if we successfully recover compensation on your behalf. Our fee is a percentage of the settlement or judgment awarded in your case, which aligns our interests with yours—we are motivated to maximize your recovery.
This approach allows families to access high-quality legal representation without the added stress of legal bills, enabling you to focus on healing while we handle the legal complexities of your case.
A Corpus Christi wrongful death lawyer, plays a vital role in helping families navigate the legal complexities following a tragic loss. By providing legal guidance, conducting thorough investigations, building strong cases, negotiating with insurance companies, representing clients in court, and offering emotional support, a wrongful death lawyer ensures that your rights are protected and that you have the best chance of securing justice and fair compensation.
If you are dealing with the wrongful death of a loved one, do not hesitate to seek the assistance of our Corpus Christi wrongful death lawyers. We can help you understand your legal options and take the necessary steps to pursue your case effectively. Contact a wrongful death attorney today to begin the process of seeking justice for your loved one.
At The Edwards Law Firm, our compassionate Corpus Christi wrongful death lawyers are dedicated to supporting you through this challenging period. We are relentless in our pursuit of justice, committed to holding those responsible for your loved one’s untimely death accountable. You can rely on us to seek the compensation and closure you rightfully deserve.
For a free consultation, call us at 361-320-6752. We represent clients in wrongful death cases throughout Corpus Christi and the greater surrounding area.
Remember, we take all wrongful death cases on a contingency fee basis, so you will never have to pay anything upfront for us to begin work on your case. Furthermore, you only pay if we win.
