New Braunfels Wrongful Death Lawyers

Has the Passing of a Family Member Been Caused by the Negligence of Someone Else?

No Fee Until We Win For You

Losing a loved one is devastating. If their death was caused by negligence in New Braunfels or surrounding areas of Texas, act quickly and contact our dedicated wrongful death attorneys at Thompson Law Firm. We understand this is an extremely difficult time and are here to help you and your family pursue compensation.

We provide FREE CONSULTATIONS, so you have nothing to lose by calling Thompson Law today. Timing is critical in personal injury cases, WE ARE STANDING BY 24/7 so don’t delay in pursuing fair compensation

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What is the Legal Definition of "Wrongful Death"?

Under Texas law, a wrongful death occurs when a person is killed due to the negligence or misconduct of another party. The surviving family members can bring a civil lawsuit seeking compensation.

Understanding Common Causes of Fatal Accidents in New Braunfels

Many types of negligence can lead to fatal accidents in New Braunfels, including:

  • Car, truck and motorcycle collisions – caused by drunk driving, distracted driving, speeding, etc.
  • Defective products – dangerous drugs, faulty medical devices, unsafe vehicles, etc.
  • Medical malpractice – surgical errors, medication mistakes, misdiagnosis, etc.
  • Workplace accidents – falls, electrocution, heavy machinery accidents, trench collapses, etc.
  • Nursing home abuse or neglect – bedsores, poor hygiene, withholding food/water, medication errors, etc.
  • Premises liability accidents – slip and falls, swimming pool accidents, inadequate security, etc.

New Braunfels Wrongful Death Statistics and Facts

  • In 2021, there were 13 fatal motor vehicle crashes in New Braunfels.
  • From 2015-2019, there was an average of 58 unintentional injury deaths per year in Comal County.
  • Medical errors are the 3rd leading cause of death in the U.S. after heart disease and cancer.

We provide FREE CONSULTATIONS, so you have nothing to lose by calling Thompson Law today. Timing is critical in personal injury cases, WE ARE STANDING BY 24/7 so don’t delay in pursuing fair compensation.

Sources:  CDC, NHTSA, TXDOT, TDI

Common Examples of Wrongful Death Cases

  • Car, truck, and motorcycle accidents
  • Medical malpractice
  • Dangerous premises accidents
  • Workplace accidents and construction site injuries
  • Nursing home abuse and neglect
  • Defective products

If negligence or recklessness causes a fatality, the at-fault parties can be held liable.

How Fatality Claims Proceed in New Braunfels

  • First, seek medical care if needed.
  • Report the incident to law enforcement and document details, witnesses, etc.
  • This creates an official record.
  • Save evidence like medical records and speak to a wrongful death attorney immediately to start investigating – timing is critical.

Key Steps in a New Braunfels Wrongful Death Lawsuit

  • Thorough investigation
  • Identifying liable parties
  • Calculating full damages
  • Negotiating with insurance companies
  • Litigation if a fair settlement isn’t offered
  • Getting compensation for the surviving family

We provide FREE CONSULTATIONS, so you have nothing to lose by calling Thompson Law today. Timing is critical in personal injury cases, WE ARE STANDING BY 24/7 so don’t delay in pursuing fair compensation.

Building a Strong Case for a New Braunfels Wrongful Death

Our lawyers leave no stone unturned examining the cause of death. We dig deep to prove negligence and liability. Maximum compensation depends on a solid case, which we build by:

  • Collecting medical records, police reports, video footage
  • Interviewing witnesses
  • Consulting experts
  • Inspecting accident sites
  • Finding key evidence like defective products

What Compensation is Available in Wrongful Death Claims?

The compensation awarded in wrongful death claims can vary depending on the specifics of the case. However, some of the most common types of damages that may be available include:

  • Loss of Earning Capacity: This accounts for the income the deceased would have earned had they lived.
  • Loss of Inheritance: This includes the amount the heirs may have received if the deceased lived a normal lifespan.
  • Mental Anguish: Compensation for the emotional Pain and suffering endured by the survivors due to the loss of their loved one.
  • Loss of Companionship and Society: Compensation for the loss of love, comfort, and companionship that the survivors suffer as a result of the death.
  • Loss of Services: This covers the value of services that the deceased would have provided, such as childcare, household chores, etc.
  • Exemplary Damages: Also known as punitive damages, these may be awarded when the death was caused by a willful act or omission, or by gross negligence.
  • Funeral and Burial Costs

Remember, every case is unique and compensation can vary. Consulting with New Braunfels wrongful death lawyers can provide a better understanding of what compensation might be available in your specific case.

We know how to calculate and pursue all available damages under Texas law. This financial recovery provides stability when families need it most. We provide FREE CONSULTATIONS, so you have nothing to lose by calling Thompson Law today. Timing is critical in personal injury cases, WE ARE STANDING BY 24/7 so don’t delay in pursuing fair compensation.

What Factors Determine the Value of a Wrongful Death Claim Settlement?

The value of a wrongful death claim settlement is determined by several factors. These include:

  • The Age of the Deceased: The deceased’s age at the time of death can significantly impact the settlement amount. Younger victims often result in higher settlements due to anticipated future earnings.
  • The Deceased’s Income: The income that the deceased was earning and their future earning potential if they had lived, significantly influence the settlement amount.
  • Medical Bills and Funeral Costs: Any medical expenses incurred before the deceased’s death and the cost of funeral services are accounted for in the settlement.
  • The Deceased’s Pain and Suffering: If the deceased experienced significant pain and suffering before their death, it could increase the settlement value.
  • The Survivors’ Losses: The monetary worth of the emotional trauma, loss of companionship, and support experienced by the survivors is also counted in the settlement.
  • Exemplary Damages: In cases where the defendant’s conduct was particularly reckless or negligent, additional damages might be awarded as a form of punishment and deterrence.

Every case varies greatly and this list is not exhaustive. Therefore, consulting with knowledgeable New Braunfels wrongful death lawyers is highly recommended to better understand the potential worth of a wrongful death claim.

Are Wrongful Death Payouts Taxable in Texas?

In many instances, wrongful death settlements are not considered taxable income by the Internal Revenue Service (IRS) or the Texas Comptroller of Public Accounts. Typically, compensation received for personal physical injuries, emotional distress, and medical expenses related to the injury is not subject to taxation.

However, there are exceptions. For instance, if the compensation includes interest or punitive damages, these may indeed be taxable. Given the complexities of tax law, it is highly advisable to consult with an accountant or financial advisor. A knowledgeable New Braunfels wrongful death lawyer could also provide valuable guidance on this subject. Please note that this information is general in nature, not specific legal advice, and tax laws may change over time. Always consult a professional for advice on your specific situation.

Wrongful Deaths from Fatal Auto Accidents in New Braunfels, TX

Who Can File a Wrongful Death Lawsuit?

In Texas, immediate family members of the deceased can potentially file a wrongful death claim, such as:

  • Spouses
  • Children (adult or minor, as well as legally adopted)
  • Parents (including parents who have legally adopted a child)
  • Siblings

Our attorneys help determine the appropriate plaintiffs based on state laws and the specifics of your case.

What Needs to be Proved in a Wrongful Death Case?

To establish a wrongful death claim in New Braunfels, our attorneys must prove:

  • Duty:  A duty of care was owed to the deceased
  • Breach: The duty of care that was owed to the decedent was breached
  • Causation: The breach of the duty of care directly caused the death of your loved one
  • Damages:  The breach of duty which caused the death of your loved one led to measurable losses and damages, such as loss of companionship, loss of future income, and other financial and non-financial damages

By thoroughly investigating liability, we build strong cases. We provide FREE CONSULTATIONS, so you have nothing to lose by calling Thompson Law today. Timing is critical in personal injury cases, WE ARE STANDING BY 24/7 so don’t delay in pursuing fair compensation.

Seeking Financial Recovery For Your Family

We negotiate aggressively with insurance companies, pushing for maximum compensation. If a fair settlement isn’t offered, we will take the case to court. Our wrongful death litigation experience levels the playing field.

Negotiating a Settlement in a Wrongful Death Claim

  • We calculate full damages suffered
  • Demand a settlement from insurers
  • Negotiate the highest amount possible
  • If needed, take the case to trial

You can focus on mourning and healing while our lawyers handle negotiations.

Potential Case Outcomes in Wrongful Death Claims

There are a few possible outcomes of wrongful death cases:

  • Settlement before filing a lawsuit – this occurs typically when the insurance company is rationale regarding negligence, and the insurance policy is not huge.
  • Settlement after filing a lawsuit, but before trial – this is common, as it avoids court proceedings. We negotiate aggressively with insurers.
  • Trial verdict – if a reasonable settlement isn’t offered, we take the case to court and litigate before a jury.
  • Dismissal – in rare cases, the court dismisses the claim if negligence cannot be proven. But we thoroughly investigate liability.
  • Plaintiff verdict at trial – the jury finds in favor of the claimant and awards damages.
  • Defense verdict at trial – the jury decides the defendant is not liable for the death.

An experienced attorney knows how to build a strong case and pursue full compensation through settlement or trial.

What Do You Need to Prove to File a Wrongful Death Lawsuit in Texas?

To file a wrongful death lawsuit in Texas, the following is required:

  • Proof of Negligence: The plaintiff must be able to prove that the death was a direct result of the defendant’s wrongful acts, negligence, carelessness, unskillfulness, or default.
  • Eligibility of the Plaintiff: The plaintiff must be an eligible party to file a wrongful death claim. This is typically a surviving spouse, child, or parent of the deceased.
  • Filing within the Statute of Limitations: The claim must be filed within the statute of limitations, which is generally two years from the date of the person’s death.

Remember, consulting with experienced New Braunfels wrongful death lawyers is recommended to aid in correctly filing both survival claims and wrongful death claims. Their expertise can prove to be a vital asset during these challenging times.

What’s the Difference Between a Survival Claim and a Wrongful Death Claim?

A survival claim and a wrongful death claim, while both related to the death of an individual, serve different purposes and compensate for different types of damages. A survival claim is a lawsuit that the deceased could have pursued had they survived. It compensates for the pain, suffering, medical expenses, and lost wages that the deceased person incurred from the time of the accident until their death. The claim is brought forward by the deceased’s estate.

On the contrary, a wrongful death claim is a lawsuit filed by the surviving family members for their own personal losses due to the death of their loved one. These losses may include loss of companionship, loss of income, mental anguish, and loss of inheritance. It’s crucial to understand these differences and seek advice from New Braunfels wrongful death lawyers when dealing with such complex legal matters. They have the know-how to navigate through survival claims and wrongful death claims, ensuring the rights of the deceased and their family are upheld.

Thompson Law's Wrongful Death Case Results

Our team of wrongful death lawyers has a proven track record of obtaining successful outcomes for clients. Our victories speak volumes about our commitment, legal expertise, and dedication to justice. We’ve had the privilege to represent numerous clients, navigating through the complexities of survival claims and wrongful death claims.

Each case has its unique circumstances, but our unwavering commitment to securing justice for those we represent remains constant. We’ve successfully procured substantial settlements that have provided financial relief for families during these traumatic times. However, beyond the numbers, we’ve given a voice to the voiceless and sought justice for the unjustly taken. These successes are not merely case results – they represent the lives we’ve managed to touch, the justice we’ve pursued, and the wrongs we have set right.

  • $11,991,670 – Truck accident
  • $9,512,498 – Chair causing fire
  • $8,540,000 – Vehicle crashworthiness
  • $8,010,186 – Fuel system failure
  • $7,694,750 – Industrial accident
  • $5,704,363 – Vehicle transmission defect
  • $5,154,600 – Defective lamp / smoke inhalation
  • $4,790,686 – Tire failure
  • $4,527,944 – Water heater defect
  • $4,021,912 – Cement wall failure
  • $3,963,371 – Plant explosion
  • $3,833,236 – Construction accident
  • $3,516,463 – Commercial vehicle accident
  • $3,143,193Airplane crash
  • $3,020,676 – Natural gas leak
  • $2,873,498 – Automotive accident
  • $2,723,284 – Premises liability accident
  • $2,090,070Oil field accident

All results above are net to clients, not the gross settlement amounts.

Call for Your Free Consultation

(844) 308-8180

Why Choose Thompson Law for Wrongful Death Cases

Call Our New Braunfels Wrongful Death Lawyers for a FREE CONSULT

With over 25 years of experience, our attorneys have the proven skills, track record, and resources to handle complex fatality claims and get maximum compensation for grieving families. What sets us apart:

  • Compassion and care for each client.
  • Meticulous investigation of what happened.
  • Courtroom experience and litigation skills.
  • Maximum possible financial recovery.
  • No upfront fees – we only get paid if you do.

We provide FREE CONSULTATIONS, so you have nothing to lose by calling Thompson Law today. Timing is critical in personal injury cases, WE ARE STANDING BY 24/7 so don’t delay in pursuing fair compensation.

No Win No Fee sign - Wrongful death lawyers in New Braunfels, Texas

Frequently Asked Questions About Fatality Claims

Are Wrongful Death Cases Civil or Criminal?

Wrongful death claims are civil lawsuits, not criminal. The purpose is to seek financial compensation, not jail time for the defendant. The burden of proof is lower than in criminal cases.

Can Companies be Liable for Wrongful Death?

Yes, companies and corporations can be held liable, like for:

  • Defective product cases against manufacturers
  • Medical malpractice claims against hospitals
  • Workplace accident claims against employers
  • Dram shop claims against bars overserving alcohol to drunk drivers

The at-fault party, whether an individual or company, must compensate the surviving family.

Can Children Recover for Parent’s Wrongful Death?

Yes, minor children can file wrongful death claims through an adult representative for damages like loss of financial support and companionship after losing a parent. Our attorneys help protect children’s rights.

Time Limit to File a Wrongful Death Claim After a Loss

In most cases, you have two years from the date of death to file a wrongful death lawsuit in Texas. Exceptions exist for minors and incompetent adults. Acting quickly is essential.

Difference Between Murder and Wrongful Death

Murder is a criminal offense prosecuted by the state against an individual. Wrongful death is a civil lawsuit filed by family members seeking compensation from the liable party. They require different burdens of proof.

What types of compensation are available in a wrongful death case?

Families may recover damages like funeral costs, loss of support, pain and suffering of deceased, loss of companionship, and other losses. Experienced attorneys pursue full compensation.

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

You generally have two years from the date of death to file a wrongful death claim. Promptly consulting an attorney is critical.

How are legal fees handled in wrongful death cases?

We work on contingency – you pay zero upfront fees. Our fee comes from any settlement or award we obtain for you.

Who can file a wrongful death lawsuit?

Immediate family members like spouses, children, and parents of the deceased can pursue wrongful death claims in Texas. Our attorneys help determine eligible plaintiffs.

We provide FREE CONSULTATIONS, so you have nothing to lose by calling Thompson Law today. Timing is critical in personal injury cases, WE ARE STANDING BY 24/7 so don’t delay in pursuing fair compensation.

Wrongful Death FAQs

Wrongful Death

In Texas, you have two years from the date of death to file a wrongful death suit. This differs from the statute of limitations for typical personal injury claims not involving death, which allows two years from the date of the accident to file a lawsuit. Our skilled wrongful death attorneys can help ensure you meet all the legal requirements and deadlines necessary. If a wrongful death lawsuit is not filed by the proper person within the time allowed by law, you will lose your right to recover monetary damages.

Knowing the applicable statutes of limitations, understanding the elements of negligence and proximate cause, and gathering evidence to establish liability are all crucial factors that can influence the outcome of a wrongful death case.

Wrongful death cases can be highly emotional and complex, making it crucial to determine who is at fault. In these cases, liability is determined by analyzing the evidence to identify who acted negligently or intentionally caused the death. This often involves investigating the circumstances leading up to the incident, such as whether the victim was in a safe environment and whether there were any contributing factors to the death. Additionally, insurance policies and state laws may also come into play when determining fault. It’s important to have a skilled attorney who can guide you through the legal process and help you receive the compensation you deserve. While nothing can bring back a loved one, accountability can bring some closure and justice for the family.

The loss of a loved one can be a devastating experience, especially when the death was caused by another person’s negligence or intentional harm. In such situations, the surviving family members may be entitled to file a wrongful death lawsuit against the responsible individual or entity. The process for filing a wrongful death lawsuit typically involves gathering evidence, hiring an attorney, filing the complaint, and going through the discovery process which involves exchanging information and evidence with the opposing party. The case may then proceed to trial or settle outside of court. It is important to remember that each state has its own laws and procedures for filing a wrongful death lawsuit, so it’s recommended to consult with an experienced attorney to help guide you through the process.

While many wrongful death cases settle out of court, anyone filing a lawsuit should prepare for the possibility of having to go to trial. A skilled wrongful death attorney can litigate on your behalf to ensure the best possible outcome for you and your family.

In Texas, damages for wrongful death can include funeral and burial expenses, loss of financial support, loss of possible inheritance, pain and suffering, and loss of society, companionship, support, and care. In some instances, punitive damages might be sought. These are damages intended to punish the guilty party and deter other parties from engaging in the same conduct.

In Texas, the surviving spouse, children, or parents can file a wrongful death claim. If no family members file, an executor of the deceased person’s estate may file. Here is a complete guide to wrongful death claims in Texas.

Thompson Law Guarantee

Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.