Abilene Wrongful Death Lawyers

Overview of Wrongful Death Claims in Texas

A wrongful death occurs when the negligent, reckless or intentional actions of an individual or entity directly result in the death of another person. Texas statutes allow certain surviving family members to pursue financial compensation for their loss by filing a wrongful death lawsuit against the liable party or parties responsible for causing their loved one’s death. These are civil cases that seek to hold the culpable individuals, companies and institutions both legally and financially accountable.

Wrongful death claims allege that the defendant’s misconduct or negligence was both the proximate cause and direct cause of the death. Successful cases result in compensation to help surviving families deal with the substantial grief, emotional trauma and financial struggles associated with losing a loved one unexpectedly. While no amount of money could ever replace someone dear, legal accountability and damages can provide: a sense of justice, closure, payment of funeral and other expenses, loss of financial support, and other profound losses.

Our experienced Abilene wrongful death lawyers can guide eligible surviving family members through the complex legal process, while providing compassionate support. The accomplished Abilene wrongful death lawyers at Thompson Law have an extensive track record of holding negligent parties accountable and recovering maximum compensation for grieving families harmed by preventable fatalities.

Essential Elements of a Wrongful Death Lawsuit

For a wrongful death lawsuit to stand in court, specific criteria must be met. These essential elements include proof of death, demonstration of negligence or intent to harm by the defendant, establishment of a connection between the defendant’s actions and the death, and quantifiable damages suffered by the surviving family or estate. Specifically:

• Proof of Death: Official documentation, such as a death certificate, must confirm the death of the individual in question.
• Negligence or Intent: The plaintiff must show that the defendant’s negligence or intentional action directly resulted in the death. This involves establishing a duty of care that the defendant owed to the deceased and demonstrating how this duty was breached.
• Causation: It is critical to link the defendant’s breach of duty directly to the death. The plaintiff must prove that the death would not have occurred but for the defendant’s actions.
• Damages: The impact of the death on the surviving family members or estate must be clearly quantifiable. This includes financial losses such as funeral expenses, loss of income, medical bills related to the death, as well as non-economic damages including loss of consortium and emotional distress.

Navigating these elements requires a deep understanding of the law and a strategic approach to presenting the case. The success of a wrongful death lawsuit hinges on meticulously proving each of these elements.

Abilene Wrongful Death Statistics

• Over 130 vehicle collision fatalities occur annually in the Abilene metro area.
• Approximately 35 wrongful deaths related to medical errors happen each year in Abilene.
• On average there are 4+ confirmed fatalities annually in Abilene nursing homes associated with abuse or neglect.
• Falls are one of the leading causes of accidental deaths in Abilene every year.
• Texas averages over 500 occupational fatalities annually.

Sources: CDC, NHTSA, TxDOT, TDI.

Common Wrongful Death Cases We Handle

The Abilene wrongful death lawyers at Thompson Law have seen family tragedies occur under a wide range of circumstances where gross negligence and misconduct resulted in preventable fatalities. Some of the most common wrongful death cases we handle include:

• Vehicle Collisions – Our in-depth crash investigations identify all liable parties and the full extent of applicable insurance coverage. We pursue maximum compensation for your family from every available source.
• Medical Malpractice – We secure medical records, retain respected experts, and take all steps needed to prove how healthcare providers’ negligence caused or contributed to fatal outcomes. We handle even the most complex medical-related cases.
• Nursing Home Abuse & Neglect – We collect regulatory records showing prior deficiencies, conduct on-site inspections to document issues, and take sworn statements from staff and residents to prove systematic failures.
• Unsafe Premises – From a lack of proper security to accidents on unsafe structures, we pinpoint how property owners breached their duty of care and should be held fully accountable.
• Workplace Accidents – We utilize OSHA violations, employer training and procedure records, equipment inspections, and other evidence to build strong cases proving preventable workplace fatalities.
• Defective Products – We leverage industry connections and legal resources to locate evidence and construct compelling cases against manufacturers and sellers whose defective products led to wrongful deaths, even with recalled goods.
• Governmental Liability – We pursue maximum compensation in cases involving dangerous roads, police misconduct, negligence in government-run facilities like prisons, and any other failures by public agencies, entities or employees that result in preventable deaths.

Why Choose Thompson Law for Wrongful Death Cases

The Abilene wrongful death lawyers at Thompson Law offer the following when representing grieving families:

• Over 10 years of experience successfully advocating for clients who lost loved ones due to another party’s negligence or wrongdoing. We have an extensive track record of results.
• Compassionate guidance and responsive communication during the most difficult of times. Clients receive caring legal counsel throughout the process.
• No upfront costs or retainers required – we only collect legal fees if we secure compensation on your behalf.
• Contingency fee arrangements are utilized in wrongful death cases so you pay nothing up front.
• A highly experienced team with over 100 years of combined legal experience and extensive resources to handle complex wrongful death litigation.
• A staunch commitment to fully holding negligent parties accountable by building the strongest possible cases.

The Abilene wrongful death lawyers at Thompson Law also take time to answer all your questions and concerns to help you make informed decisions during your legal journey, and we keep your best interests in mind at all times. CONTACT US for a FREE, CONFIDENTIAL CONSULTATION with an accomplished Abilene wrongful death lawyer.

How a Wrongful Death Lawsuit Works in Texas

Here is an overview of how a wrongful death case typically proceeds in Texas from start to finish:

• Initial Case Investigation – A thorough investigation of the circumstances surrounding your loved one’s passing is essential early on. We visit the scene, interview witnesses, obtain police and medical reports, research regulations, consult experts, and take all steps necessary to understand how/why the death occurred and identify liable parties. Time is of the essence to get this done before evidence disappears.
• Filing the Lawsuit – Our attorneys prepare a compelling lawsuit detailing the facts of your case and specifying the parties responsible for damages. This strong complaint is filed in court, along with a demand for full compensation for your family’s losses. The suit names the defendants and initiates the formal legal process, putting them on notice to respond.
• Discovery Phase – We engage in written discovery including interrogatories, requests for documentation, depositions and more. This gathers additional evidence to further substantiate your claim and bring to light any defense strategies the opposing side may employ. No stone is left unturned.
• Settlement Negotiations – The majority of cases settle before trial. We negotiate assertively with liable parties to reach a fair settlement reflective of your profound loss. Our reputation for thorough preparation and strong cases often prompts favorable settlements.
• Mediation – If settlement talks reach an impasse, presenting the case before an experienced mediator can facilitate a resolution between the parties. This is an alternative to trial.
• Trial – While most cases settle out of court, Thompson Law has the litigation experience, resources and determination to take your case to trial if needed and argue it skillfully before a judge and jury. We are fully prepared to fight for maximum compensation should that become necessary.

The legal process following a wrongful death can feel daunting. Allow our accomplished team to handle the intricacies seamlessly on your behalf, so you can have more capacity for grief and healing. We will walk beside you every step of the way.

Understanding the distinction between a wrongful death claim and a survival action is crucial for families looking to pursue justice after losing a loved one due to another’s negligence. While both legal avenues offer paths for recourse, they serve different purposes and compensate for various aspects of the loss. Here’s an overview to clarify these concepts:

Wrongful Death Claims

Wrongful death claims are legal actions brought forward by the deceased’s surviving family members or estate to seek compensation for their personal losses as a result of the death. This includes financial support the deceased would have contributed, loss of companionship, and emotional distress. Essentially, these claims address the impact of the death on the living relatives and are aimed at supporting them through their loss.

Survival Actions

Survival actions, on the other hand, are a continuation of claims that the deceased could have filed had they survived the incident. This suit allows the estate to recover damages the deceased incurred between the wrongful act and their death, such as medical expenses, property damage, and the pain and suffering experienced by the deceased prior to death. A survival action is concerned with the rights of the deceased and seeks compensation for what they endured as a result of the defendant’s negligence.

Our Abilene Wrongful Death Lawyers Charge NO FEE Unless We Win

Contact Our Abilene Wrongful Death Lawyers Today

The accomplished Abilene wrongful death lawyers at Thompson Law are fully committed to fighting for justice and maximum compensation on behalf of your family after losing a loved one in a preventable accident caused by negligence or misconduct. We regard every case with compassion, care and a determination to hold all responsible parties fully accountable.

Please CONTACT US ONLINE or call (844) 308-8180 for a FREE CONSULTATION and case evaluation. Our caring Abilene wrongful death lawyers are standing by 24/7 to guide you through this difficult process, so you don’t have to shoulder the burden alone.

Frequently Asked Wrongful Death Questions

Losing a loved one under wrongful circumstances leaves most families with many uncertainties about their legal options and the claims process. Here are answers to some of the most frequently asked wrongful death questions:

What types of compensation may be pursued in a Texas wrongful death claim?

• Loss of companionship, care and affection
• Loss of financial support, wages, benefits and inheritance
• Mental anguish and emotional distress damages
• Loss of conjugal relations for surviving spouses
• Funeral, burial and related final expenses
• Pre-death pain and suffering of the deceased
• Exemplary damages in cases of gross negligence/misconduct

Who can file a wrongful death lawsuit in Texas?

• Surviving spouses, children and parents of the deceased
• Executors or administrators of the deceased’s estate, if other family members are not alive to file a claim but the estate suffered monetary damages

What is the statute of limitations for wrongful death claims in Texas?

Two years from the date of death in most cases. Some exceptions exist for minors and latent diseases. Contact us immediately so we can evaluate your claim’s statute of limitations.

How long does a wrongful death case typically take to resolve in Texas?

It depends on the complexity of issues. Many settle within 1-2 years but some may take longer. We work efficiently to secure resolution as quickly as circumstances reasonably allow so you can have closure.

How are wrongful death settlement funds distributed in Texas?

Typically distributed fairly to claim beneficiaries based on trial verdict allocations or mutual family agreements. Experienced personal injury lawyers can advise to ensure equitable distribution.

More Wrongful Death FAQs