Wrongful Death Attorneys

For personal injury claims the time period to file a claim could be anywhere from one year to four years depending upon the type of claim that you have. Generally, the time limit is two years to file suit in Texas. It is important to get advice from an attorney because the exact time limits can depend upon the specific facts of your case. It is important to hire an attorney soon after an accident. The insurance companies usually respond immediately and so should you. An attorney can help preserve evidence that otherwise may be lost forever.

An attorney who is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law must have handled jury trials dealing with matters such as vehicle accidents, workers’ compensation, premises liability, products liability, statutory tort claims, maritime accidents, or social security claims which involve a physical or mental injury to a person. The lawyer must also have extensive knowledge of the law of evidence, procedure, and other substantive law involved in the trial of Personal Injury Trial Law. In order to be certified , an attorney must have:

• Been licensed to practice law for at least five years;
• Devoted a required percentage of practice to personal injury trial law for at least three years;
• Handled a wide variety of personal injury trial law matters to demonstrate experience and involvement;
• Attended personal injury trial law continuing education seminars regularly to keep legal training up to date;
• Been evaluated by fellow lawyers and judges; and
• Passed a day-long written examination.

Kevin Glasheen is Board Certified in Personal Injury and Civil Trial Law.

The law provides that if a person is killed because of the negligence of another, then there is a wrongful death claim. The people who can make a claim on behalf of the deceased person in Texas are the parents, spouse and children of the decedent. The wrongful death claim recognizes that when a person is killed, then the parents, spouse and children of the decedent will have damages for the loss of that relationship. Wrongful death damages include loss of economic contributions and support from the decedent. Wrongful death damages also include loss of emotional support, love and affection from the decedent. Other wrongful death damages include damages for the mental anguish, pain, suffering and loss that the family has endured. Related to wrongful death claims is a survival claim. The law recognizes that when a person dies that the estate will have a claim for the medical expenses that were incurred prior to death and for any conscious pain, suffering, disability or other damages that the decedent suffered as a result of their injuries prior to their death. This claim for “pre-death” damages known as a “survival claim,” is owned by the estate and distributed according to the Will, or in the absence of a Will, according to the probate laws.

Potential defendants are usually covered by insurance. The insurance companies are notified immediately when an accident occurs, and they usually hire attorneys and expert witnesses to investigate the claim. It is important that witnesses be interviewed as soon as possible and evidence be preserved. Witnesses will often be more difficult to locate or will have a poor memory if they are interviewed much later after the accident has occurred. Evidence such as machinery parts or skid marks on the highway will disappear unless preserved quickly. Insurance companies have insurance adjusters who will contact you and try to be friendly. You should not trust the statements that insurance adjusters make to you. They are not working for you and will sometimes make misleading statements in an effort to trick you into resolving your case. Insurance adjusters also might record your conversations with them and use your statements against you in order to try to save money for the insurance companies.

The main thing we try to impress upon people is that it’s never too early to talk to an attorney, and it’s always too late. By that we mean that speaking with an attorney very soon after a crash or other accident in no way will harm you. Along the same lines, the longer you try to handle a claim on your own or delay hiring competent counsel, irreparable damage can be done in the form of recorded statements given to the insurance companies and evidence not being preserved. There is no risk or fee for speaking with an attorney and arranging an initial consultation.

Personal injury claims are usually resolved by either settlement or by a jury. When a case is settled, it is the client’s decision of whether or not to accept a settlement offer. The lawyer will advise the client as to the potential value of the claim. Lawyers evaluate the potential value of a claim by predicting what a jury would do based on experience with similar claims.A jury can consider all sorts of damages in a personal injury case including medical expenses in the past and in the future, loss of earnings in the past and in the future as a result of the injury, physical pain and mental anguish in the past and in the future, compensation for impairment – that is loss of use, and disfigurement damages. The jury has discretion in awarding the sums. We can give you advice on the value of your claim based on our experience with some of our claims and similar jury results.

Negligence simply means failure to use ordinary care – that is, simply being careless. If a person is not acting reasonably or is not being careful then he is being negligent. We are not required to show that a person intentionally caused an injury in order to make a claim, we only have to show that they were negligent. If a person did do something intentionally or was reckless then they can be liable for punitive damages in addition to actual damages.