Llano Wrongful Death Attorney
Here at the Law Office of W. Shane Jennings in Llano, Texas, we understand how traumatic and devastating the loss of a loved one can really be. This is why our team of Llano wrongful death lawyers work hard to provide a sensitive yet effective service for our clients. We offer peace of mind and support while also helping you feel confident of the right outcome for your case and your family.
There may be many different reasons for an accidental death. Sometimes, the death will be the result of willful endangerment and recklessness. Other times, it may be caused by negligence or carelessness on the part of another. No matter what the reason, if there is blame, then the loved ones and family members deserve compensation and closure.
Read on to discover more about wrongful death cases in Llano, Texas, how these cases work, and what you can expect. Reach out to a wrongful death attorney in Llano, Texas, at the Law Office of W. Shane Jennings today if you’d like to discuss the specifics of your own case. We’re on your side and here to help.
Wrongful Death Claims in Llano, Texas
If someone loses their life due to the action or negligence of another party, this may be considered a wrongful death. In other words, there is another party to blame for a death, and the family and loved ones of the deceased may be entitled to compensation.
Loved ones may be able to bring a compensation claim against the guilty party in a number of different circumstances. If the death was caused by knowing recklessness — for example, if a fatal car accident in Llano was caused by a driver who knowingly operated a malfunctioning vehicle or chose to operate their vehicle under the influence of drugs or alcohol — there may be grounds for a wrongful death claim.
If, on the other hand, the other party did not knowingly or willingly endanger life, the loved ones of the deceased or their wrongful death lawyer in Llano, will still be able to raise a claim. Under Chapter 71 of the Texas Civil Practices and Remedies Code, carelessness, neglect, and default can all be grounds for a claim. For instance, if a semi-truck’s tire blows out on Texas State Highway 71 causing the truck to crash into a car next to it, killing the occupants, they could be liable if this results in a fatal accident — even though they did not knowingly put the deceased’s life in danger.
What Are Examples of Negligence Leading to an Accidental or Wrongful Death in Llano, Texas?
As an experienced Llano wrongful death attorney, W., Shane Jennings deals with a variety of cases. While all of these cases are different, they all focus on supporting families and loved ones after a tragic incident. Here are some examples of wrongful or accidental death lawsuits in Llano, Texas.
Road Traffic Collisions
If a driver is operating their vehicle recklessly, using a faulty vehicle, or driving under the influence, this could make them liable for any fatal accidents. Other parties may also be liable if construction and road works result in a fatality. Wrongful deaths on the road may result from car collisions, truck and bus crashes, or motorcycle accidents.
Accidents at Work
We all have the right to work in a safe, secure, and healthy environment. If an employer or another party does not provide this, and a fatal accident results, they may be held responsible.
Product manufacturers and vendors have a duty to protect the health and safety of their customers. If a defective product causes a death, this may be considered wrongful in the eyes of the law and the civil courts.
Medical professionals are supposed to support public health. If malpractice or negligence is found to have resulted in death, there may be grounds for a lawsuit.
Nursing Home Abuse and Negligence
Elderly people may be vulnerable, and nursing home staff and care professionals have a duty to provide elderly individuals with a safe and secure environment. Abuse and negligence in care homes and nursing homes may result in wrongful death.
Wrongful Death Claims Involving Medical Negligence or Malpractice
Unfortunately, not everyone who receives care at a hospital or another facility is treated properly and there may be instances in which death was preventable. If a death results from a serious mistake on the part of the doctors or the medical team or from neglect and carelessness during treatment, this may be considered wrongful.
Our team of Llano wrongful death lawyers works with families and loved ones to understand their options in the event of a death. It may be that care professionals and medical teams were at fault in your case, and you may have grounds to pursue a wrongful death lawsuit.
Who is Responsible When an Accident in Texas Leads to Accidental Death?
Who is considered responsible in the case of a wrongful death? This depends on the circumstances, but generally, responsibility will be assessed according to the following categories.
Negligence and Neglect with a Duty of Care
When a party is considered to have a duty of care over another, they need to actively work to fulfill this duty of care. This can apply in many different cases, ranging from drivers with a duty of care over passengers and other road users to property owners who have a reasonable responsibility to keep visitors safe from harm.
Actions with a High Chance of Harm
When someone carries out an action that they know could cause harm to others, this is an example of reckless behavior. Knowingly endangering lives is a serious matter, and this can lead to a wrongful death lawsuit if the action results in a fatality.
Contract and Warranty Breaches
If a customer uses a product or service from a business, they have a reasonable expectation of safety. This is an implied contract between the product or service provider and the end user. If using the product or service results in death, this implied contract may have been broken, and there could be a case to answer.
What Makes a Texas Accidental Death Claim Different From Other Injury Claims?
Wrongful death attorneys in Llano operate a little differently from attorneys working on other types of Texas personal injury claims. The main difference is the party who brings the lawsuit.
In a personal injury case in Llano, Texas, it will generally be the victim themselves that brings the claim against the defendant. With wrongful death lawsuits, the victims themselves are tragically deceased. Instead, it will be a family member or another representative of the deceased person’s estate who actually raises the case.
Generally, it will be the spouse of the deceased, their child, or their parents who bring the wrongful death claim. However, as family structures can be quite diverse, other relatives and loved ones may be permitted to begin the case. If this lawsuit is not filed within three months of the passing, a case may be raised by a representative of the deceased’s estate.
Understanding Compensation and Damages in Texas Wrongful Death Claims
While other civil lawsuits may provide damages to the victim, a Llano wrongful death lawyer, is instead seeking damages for the family or dependents who are left behind. As there is often not a single recipient, it is up to a jury to determine how the damages are shared among the deceased’s family members.
In the event that the case is settled out of court, the division of damages must be defined as part of this settlement. The family members of the deceased must agree not only with the amount of damages but also with the way they will be divided up.
If it is a representative of the estate that brings the lawsuit — after the three-month period mentioned above — then the damages will be paid directly to this estate. The damages will then be distributed to the people named in the deceased person’s will, along with their other assets. If there is no will in place, Texas’ laws of intestate succession will apply.
Are There Damage Caps in a Fatal Llano Accident?
There may be a cap applied to the damages that can be claimed in a fatal accident in Llano, TX. The nature of the cap will depend on the circumstances.
- If the death was the result of medical malpractice or neglect, the cap is $250,000 per claimant. This only applies to damages that are considered non-economic. The total amount of damages per claimant may exceed this.
- In some wrongful death cases, there may be punitive damages — i.e., damages that are applied as punishment due to wrongdoing or neglect. These damages may either be $250,000 or double the amount of economic damages awarded, whichever is greater.
- In these punitive damage cases, the non-economic damages will be capped at $750,000. This, in turn, means punitive damages are capped at $1,500,000, and total damages are capped at $2,250,000.
- There may be instances in which there is no cap on punitive damages — such as in cases relating to a felony crime or relating to the manufacture of methamphetamines.
How Can a Wrongful Death Lawyer in Llano, Texas, Help?
Wrongful death attorneys in Llano, Texas, provide a valuable service to family members struggling with the passing of a loved one. All of these services are delivered with two aims in mind — supporting family members and loved ones at an extremely difficult time and pursuing the right outcome for the case. Here’s how the Law Office of W. Shane Jennings can help.
- Finding out what happened – Wrongful death cases are often confusing, adding to the pain and suffering for families. Your Llano wrongful death attorney can help you get to the bottom of what happened.
- Understanding your rights – Your attorney will help you navigate the sometimes bewildering process of civil and criminal law.
- Outlining the damages involved – In wrongful death cases, there can be many different types of damages, including pain and suffering, emotional anguish, and punitive damages. Attorneys can help you understand which ones apply in your case.
Are Wrongful Death and Survival Actions in Texas the Same?
No, wrongful death claims are not the same as survival actions. Here’s the difference:
A wrongful death claim is designed to provide damages to cover the emotional and financial costs for those left behind. The claimant will need to prove that they have suffered emotional damage through loss of companionship and support, as well as financial losses such as medical and funeral costs and removal of direct financial support. The damages may be paid directly to the claimant or divided among co-claimants.
A survival action is designed to recover the compensation that the deceased individual could have claimed if they had not lost their life in the accident. This action is brought by a representative of the deceased’s estate and is also received by this estate. Distribution is handled according to the deceased’s will or according to Texas intestate law.
Both wrongful death suits and survival actions can be brought simultaneously in some cases.
Contact W. Shane Jennings Today
A wrongful death in Llano, TX, is always a traumatic event for the family members and loved ones left behind. If this happens to someone close to you, you need someone in your corner who can help with your case. You need to work with some of the best Llano wrongful death lawyers and attorneys — professionals who can offer sensitive support and guidance while also fighting hard for the right outcome for your case.
This is what W. Shane Jennings and his team represent for clients right here in Llano, Texas. Reach out today and get your free consultation. Speak with our lawyers and benefit from peace of mind, expertise, and the friendly, client-focused service we are known for in Llano.
Make sure you are in the best position to succeed in your car accident claim. In addition to Llano, TX, he also serves Marble Falls, Burnet, Mason, Brady, Fredericksburg, Lakeway, Leander, Copperas Cove, Cedar Park, Anderson Mill, Kerrville, Jollyville, Round Rock, Hobbs, New Mexico, Las Cruces, and more.