Family members wishing to bring a wrongful death suit have a limited amount of time in which to take action. Texas gives family members two years from the date of the individual’s death to file a lawsuit. If the suit is not filed within the two-year time frame, it may … Continue reading
FAQ Category: Wrongful Death
Depending on the specifics of your case, part of the settlement you receive may be considered taxable income. IRS regulations are subject to change, so it is best to talk to an experienced attorney at Herrman & Herrman about how your settlement may be taxed.
In a wrongful death suit, the amount of compensation can vary depending on the facts of the case. Typically, a court can award damages that cover economic losses such as medical expenses, funeral costs, and loss of income. Courts may also award non-economic damages for things such as the loss … Continue reading
The circumstances surrounding a wrongful death case may determine how the settlement ends up being divided between family members. If a case ends up going to trial, the court will decide how the money gets divided between family members. The court will take into account how each member is affected … Continue reading
To prove a wrongful death case in Texas, let us revisit the definition of wrongful death. It is the death of a person that occurs as the result of a wrongful act due to “neglect, carelessness, unskillfulness, or default.” To build a case for wrongful death, you must first establish … Continue reading
If negotiation or a lawsuit results in a settlement being awarded, the damages received are divided among the surviving family members. The court will look at which family members suffered as a result of the death of their family member and apportion the settlement accordingly. The court may look at … Continue reading
In Texas, the state allows the surviving spouse, children, or parents of the deceased to file a wrongful death claim. An individual is allowed to file a single claim, or family members may come together as a group to file a claim together. Adult children may file a wrongful death … Continue reading
The first step is to assess whether a family has a viable wrongful death claim related to a loved one’s death. The best way to determine the viability of your claim is to have an experienced wrongful death attorney review the circumstances of the death. After evaluating the facts leading … Continue reading
In Texas, the immediate family of an individual who was killed due to some form of negligent or careless action by others may bring a lawsuit in civil court seeking financial compensation from the at-fault party. This type of legal action is known as a wrongful death lawsuit. A wrongful … Continue reading
The legal definition of wrongful death is the death of any person that occurs as the result of the careless, reckless, or negligent actions of another. Under Texas law, a death may be a wrongful death if it was caused by another’s “neglect, carelessness, unskillfulness, or default.”
