Going on with life after the sudden loss of a loved one is a uniquely painful challenge for those dealing with wrongful death. Read on to see what options are available for those facing extreme loss in Texas.
Wrongful death cases tend to involve many parties, multiple insurance policies, and may be very unique.
In this post we will give an outline of some general rules in Texas on wrongful death cases. Don’t find what you’re looking for? Reach out to the McMinn Law Firm legal staff for more information.
- Types of Wrongful Death Cases
- Calculating Settlement in Wrongful Death
- About the law practice of Jason McMinn and Justin McMinn
Imagine a loved one being taken away from you because of an accidental death. You are now stuck with mounting bills, funeral costs, loss of companionship, and other bills such as costs for children, family and school. All of this with one less income coming into the household.
Wrongful Death Defined:
A wrongful death is defined as the death of a person caused by the negligence or willfulness of another party. Many common wrongful deaths are caused by trucking accidents, car accidents, medical malpractice, and construction accidents.
If your loved one has passed away and you suspect it might be due to a wrongful death, and could have somehow been prevented, contact a lawyer as soon as you can and as soon as you feel ready.
We know it can be extremely difficult to deal with the thought of money and lawsuits right after the death of a loved one, but this is the best time to gather all information and records accurately. The attorneys at the McMinn Law Firm are experienced in wrongful death cases and can help you find out all your options to demanding justice and getting the compensation you and your family deserves.
Why Hire a Wrongful Death Lawyer
Survivors of wrongful death victims face these strenuous consequences of such an event every day, and dealing with all this heavy loss along with financial trouble can be entirely tiring and unwarranted.
Negligent people or entities who cause accidental deaths need to be held responsible for their actions and the suffering they have caused. Here at the McMinn Law Firm, we will investigate all areas of the wrongful death case, and all records and medical reports.
If it be a trucking or car accident, for example, we will investigate all reports of the crash, any medical reports taken after the accidents, and any other reports from witnesses or others that may be essential to fully understanding the event and its causes.
Having a lawyer on your side can help you deal with the accidental or wrongful death of loved one. We can look at the case with a clear head during this traumatic time for you and your family and thoroughly examine every possible route of recovery.
Fatal Distracted Driving Accidents
Distracted Driving poses a significant threat to drivers out on the road in Austin. In 2015 alone, distracted driving caused 4,148 traffic crashes in Austin.McMinn Law Firm filed a lawsuit against Lyft when a mother and daughter died in a distracted driving crash. The family’s Uber driver attempted to accept a Lyft ride when the fatal crash occurred. Distracted driving does kill.
Staying distraction-free while driving is important to the public’s health. Talk to your friends and family about texting and driving.
Wrongful Death in Truck Driving Accidents
In Texas a fatal truck crash happens every 400-500 million miles traveled by trucks. They sound unlikely, but when you think about the milage trucks cover in a week, it’s a much more significant number. Semi trucks travel 140 billion miles each year.
In 2015 4,161 people died in fatal truck crashes resulting in $112 million spent on truck injury and loss of life in the U.S. When the average vehicle only weighs 2 tones, the consequences of a truck crash can easily become extremely serious.
Q&A: Who can sue for wrongful death in Texas?
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Calculating Settlement in Wrongful Death Cases
Losing a loved one can be one of the most traumatic experiences in your life. Their sudden death, wrong and unexpected, can leave you and the rest of your family in shock and disbelief as your struggle to cope and pick up the pieces.
As you look to move forward, you may be facing medical bills, funeral costs, and loss of income.
If you want to learn more about how a settlement from a wrongful death case may break down – take a look at McMinn Law Firm’s page. It provides answers to questions like “How much will I get?”
There’s no set way to determine how much a case is worth. But you can get a better picture of how each unique case is evaluated by learning more about:
When can you sue for wrongful death?
After a traumatic loss, it can be stressful for family members to take on the additional stress of hiring a lawyer and filing a lawsuit. But taking too much time before moving forward with legal action can hurt, and even destroy chances of a successful wrongful death claim.
In Texas, a wrongful death claim must be filed within 2 years after the person’s death. It is typically a good idea to start the claim earlier than that as the best time to record evidence is soon after the accident happened.
Infographic: Austin Wrongful Death Attorneys Infographic
Families of those who pass due to someone else's negligence often have to face the reality of medical bills, funeral costs, and lost wages soon after losing their loved one. That's why many seek the assistance of a personal injury lawyer to help them gain financial justice and an ability to move on from the loss. Learn the basics about wrongful death cases with this infographic. See how long after the date a family may file a lawsuit for wrongful death, and who may be eligible to file a lawsuit. No wrongful death case looks the same. Though some are caused by irresponsible or dangerous driving- other wrongful death cases begin with unexpected tragedies such as food borne illness or defective products.
Fatal, Wrongful Death Car Accidents
Car accidents are scary, even the small ones. Fatal crashes transform the lives of more than 30,000 families each year in the U.S.
Negligent driving practices such as distracted driving and drunk driving claim the lives of too many. In Texas alone, 499 died in 2016 when someone got behind the wheel while intoxicated.If someone you know was affected by a fatal car crash, you are familiar with the sudden devastation caused by these wrongful deaths.
It is always a tragedy when someone dies inside a vehicle, but especially when that tragedy was caused by someone else driving drunk.
In 2012 the family of 25-year-old Ryan Whittington was forced to say goodbye when he died in a drunk driving accident. Wrongful death cases are often not as straightforward as they appear.
For the family of Ryan Whittington, the case became extremely personal. See how the events of Ryan Whittington’s death changed the litigation they chose to pursue, as well as how Texas Dram Shop laws gave the family a chance for justice.
In early July Madeline Rackley, Danielle Martinez and Ryan Whittington were riding in the car around 2 a.m. Driver, Madeline Rackley drove her car down a boat ramp into Lady Bird Lake. Ryan drowned in the car.
Coverage of the deadly crash circulated nationwide. Reports showed that two Austin police officers were writing reports nearby, and their dash cams caught footage of the deadly event.
Ryan was a long time friend of Rackley, who had pleaded no contest in a 2009 drunk driving charge. The family of Whittington would have had every right to pursue justice for their loss.
However according to reports the family only wished that Rackley’s punishment only do the most amount of good for her dangerous drinking habits. In this case, the Whittington family chose did choose to pursue a civil suit against the bar they were drinking at before the accident.
Texas Dram Shop laws came into play when the Whittington’s pursued a civil suit against the owners of the Lustre Pearl bar, which was located on Rainey Street at that time. An investigation by the Texas Alcoholic Beverage Commission found that the Lustre Pearl over-served Rackley.
The bar paid a $40,000 fine, and has been limited on the kinds of drink specials they can offer. They are also required to have enough staff to monitor how much their customers drink.
Austin Wrongful Death Attorneys
Jason McMinn and Justin McMinn have together have decades of experience advocating for people who have been wrongfully injured or representing the loved ones of those who have wrongfully been killed.
Read more about Jason McMinn and Justin McMinn’s track record of success: