Have you recently lost a close family member in a fatal accident in Burnet, Texas? If so, you deserve justice for your devastating loss. The experienced Burnet wrongful death lawyers at Attorney Brian White Personal Injury Lawyers want to help you get it. Contact us at (737) 252 8168.
Families in Burnet trust our attorneys to help them take on powerful corporations after life-changing accidents. Backed by the skills and knowledge of a Board Certified Civil Trial Attorney and a team with 45 years of collective experience, we have helped clients win tens of millions in monetary awards.
Today, we’re here to fight to get you top results, too. Contact our law office in Burnet, TX, to set up a time for your free consultation.
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How Attorney Brian White Personal Injury Lawyers Can Help Your Family With a Wrongful Death Claim in Burnet, TX
Someone you love dearly has been taken from you, and this can have ripple effects across your life. Fortunately, you may have the opportunity to seek compensation from a negligent party or insurance company. However, getting the amount you deserve can be a challenge.
That’s where our Burnet personal injury lawyers can help.
At Attorney Brian White Personal Injury Lawyers, we’re nationally recognized Texas trial attorneys who aren’t afraid to take tough cases and go toe-to-toe with powerful adversaries on behalf of our clients. When accident victims and families turn to us for help, we strive to offer personalized, compassionate legal representation that has a positive impact on their lives. The results speak volumes, with tens of millions in damages recovered.
Focus on grieving your unimaginable loss and let our top-rated litigators handle the rest; we will:
- Lead a thorough, independent investigation into your family member’s untimely death
- Gather key pieces of evidence that’ll be necessary to prove your case and get the damages you deserve
- Calculate what your wrongful death claim is worth
- Enlist expert witnesses and specialists to weigh in as we build your case
- File your claim with the insurance company and/or local Burnet County court clerk
- Seek a top-dollar offer during settlement negotiations
- Bring your family’s wrongful death lawsuit to trial if the defense won’t take accountability for your gut-wrenching loss
Our wrongful death attorneys in Burnet want to help you navigate this stressful time. That’s why we’ll take on your case for no upfront fees or costs. In fact, because we work on contingency, you’ll pay nothing unless we win compensation for your wrongful death claim.
Connect with our team in Burnet, TX, today to learn more and set up a consultation at no charge.
How Does Texas Define Wrongful Death?
The Texas Wrongful Death Act explains that someone can be liable for damages arising from a victim’s death if the injury was caused by the at-fault party’s neglect, wrongful act, unskillfulness, carelessness, or default.
Since the victim cannot bring the claim themself, the right to do so shifts to another party.
Under Texas law, this right belongs exclusively to the decedent’s surviving:
- Spouse
- Children
- Parents
If none of these parties survive the victim, the decedent’s estate, through its personal representative, has the right to initiate a wrongful death claim. Similarly, the estate can file a case if none of the victim’s surviving heirs have filed a claim within three months of the victim’s death.
The personal representative can also file a separate survival action to recover compensation on behalf of the estate. Survival actions aim to recoup damages experienced by the victim, while a wrongful death claim seeks to recoup damages experienced by the victim’s surviving heirs.
Representing Families in All Types of Burnet Wrongful Death Cases
Wrongful death claims can arise when a death is caused by an act of negligence or intentional misconduct. As a result, there are countless scenarios that can potentially give rise to a wrongful death claim.
At Attorney Brian White Personal Injury Lawyers, our Burnet wrongful death attorneys have over four decades of collective experience representing clients in cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bus accidents
- Bicycle accidents
- Pedestrian accidents
- Construction accidents
- Workplace accidents
- Oil and gas extraction accidents
- Oilfield accidents
- Maritime accidents
- Boating accidents
- Slip and fall accidents
- Assaults
- Negligent security
- Dog bites
- Birth injuries
- Medical malpractice
- Nursing home abuse
- Defective products
- Catastrophic injuries
Don’t hesitate to reach out to our trustworthy legal team in Burnet if you’ve recently experienced the wrongful death of someone you love. We’re here to listen to your story, explain your legal rights and options, and help you fight for the financial justice you deserve.
Can Shared Fault Affect a Texas Wrongful Death Lawsuit?
It can. Texas’s modified comparative fault statute applies to all civil matters of personal injury – including wrongful death cases.
Under the state’s comparative negligence system, shared fault adversely affects a victim’s right to recover compensation. Damages are allowed on a limited basis as long as the victim’s liability doesn’t exceed 50 percent.
Wrongful death cases shift the right to seek compensation for accident-related damages from the victim to their heirs. Comparative fault shifts, as well.
So, if your loved one contributed to their fatal accident or injuries, it’ll have a direct and adverse impact on your wrongful death claim.
The same rules apply:
- You can recover a reduced monetary award if your family member’s liability is equal to or less than 50 percent.
- Damages are disallowed if your loved one’s shared fault is greater than half.
Let’s say your spouse was recently killed in a Burnet car accident. Once it is investigated, they’re assigned 25 percent of the blame for the fatal crash. As a result, there will be a 25 percent reduction in any damages you’re awarded. So, if your case was valued at $1 million, your maximum recovery would be limited to $750,000.
Our Burnet personal injury attorneys know that your family member isn’t here to tell their side of the story. They’re not here to defend themselves. We’ll step in when the insurance company tries to blame them for their fatal wounds. We won’t let unsubstantiated claims tarnish their good name or stand between you and the compensation you deserve.
What Damages Can Be Awarded in a Texas Wrongful Death Case?
Losing a family member unexpectedly can turn your life upside down. It can cause extreme distress and put you in a really difficult financial situation. Fortunately, Texas law allows you to seek compensation for all of your losses following an untimely fatality.
Wrongful death claims can result in two types of monetary awards: economic and non-economic. Economic damages aim to offset the financial consequences of a person’s wrongful death, while non-economic damages help to compensate the family for the harder-to-value trauma they experience.
Collectively known as compensatory damages, you may be able to get money for:
- Lost wages, household income, and benefits
- The value of household services provided by the decedent
- Lost inheritance
- Lost companionship, society, and love
- Funeral and burial expenses
- Medical bills paid prior to the victim’s death
Through a related survival action, the estate can also seek compensatory damages that the victim would have been able to pursue if they’d lived. Examples include lost wages, disability, pain and suffering, and emotional distress.
Punitive damages, which are sometimes called exemplary damages, can also be awarded if a wrongful death case goes to trial. In these situations, a jury must be compelled to believe that a defendant’s actions were grossly negligent or intentional.
Don’t worry about how to get compensation for your loved one’s wrongful death or from whom. Take the time you need to grieve and let our wrongful death lawyers in Burnet handle the rest.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
Wrongful death lawsuits are subject to a two-year statute of limitations in the state of Texas. Unlike other personal injury cases, the statute of limitations doesn’t necessarily begin to run on the date of an accident. Rather, it begins once a victim dies from their fatal wounds.
If your loved one survives their catastrophic injuries for a period of time, the clock on the filing deadline won’t begin to run until they’ve died.
You have to file your claim within the applicable timeframe if you want to reserve the right to demand compensation from a negligent party. Once time runs out, you’ll be left without recourse for the financial burdens and trauma of your family member’s wrongful death.
Schedule a Free Consultation With an Experienced Burnet Wrongful Death Lawyer
You don’t have to deal with the consequences of a family member’s tragic and unexpected death on your own. Call Attorney Brian White Personal Injury Lawyers, and trust our Burnet wrongful death lawyers to be there to lend the support, guidance, and legal advocacy you need during this difficult time in your life.
We’re top-rated Texas litigators with over 45 years of combined experience. We don’t let families settle for less than they deserve after devastating losses. We fight for top results and have won tens of millions for clients like you.
Contact our law office in Burnet, TX, to learn more. Your initial case assessment is free.
