A survival action is a type of case that doesn’t compensate the family, but instead continues the deceased person’s own personal injury claim that would have existed if they had lived. A survival action allows recovery for their medical expenses, funeral costs, and the pain and suffering they experienced. The difference between a survival claim and a wrongful death claim is that a survival claim compensates the deceased’s estate, while a wrongful death claim compensates the family members.
Bastrop Wrongful Death Lawyer
Wrongful Death Attorney in Bastrop, TX
A wrongful death happens when someone passes away due to the actions or inaction of another party. This situation brings devastating effects on those left behind. Family members of the deceased have the legal right to file a wrongful death case in Texas. It’s important to work with a Bastrop wrongful death lawyer to understand what options are available to you.
Work With the Skilled Attorneys at The Stewart Law Firm, PLLC
Founding attorney Stephen Stewart of The Stewart Law Firm, PLLC, has decades of experience guiding injured individuals and their families through Texas’s complex legal process. Our team of three attorneys is passionate about protecting our neighbors and community members during their most difficult times in life.
A wrongful death changes the lives of everyone involved. While compensation can’t bring back your loved one, it can make your present and future easier to face. We offer free consultations to those living in Bastrop and the surrounding Texas areas. We’re available around the clock to answer any questions you may have regarding your case.
Common Types of Wrongful Death Cases in Texas
Wrongful deaths are often sudden and difficult to process. These types of incidents commonly happen because of:
- Car crashes. Residents of Bastrop commonly use the freeway to access nearby Texas metros. Because of this, accidents occur daily. Major roads in town include Highway 71, NAFTA Highway, Interstate 35, and Highway I-10. Bastrop had 384 crashes in 2022.
- Medical malpractice. Those seeking medical attention need to feel like they can rely on their care team. Patients of Ascension Seton and St. David’s Emergency Center may face negligent care, leading to their death.
- Premises liability. A premises liability case happens when the owner or occupier of a property fails to maintain safety measures, leading to the injury of a visitor.
- Workplace incidents or illnesses. These incidents often happen due to management not implementing proper safety practices. There were 564 workplace deaths in Texas in 2023.
Before filing, it’s important to hire a wrongful death lawyer to help you navigate your case. State law can be confusing, and a simple mistake can lead to a dismissal of your case. A lawyer will have the technical and practical experience necessary to help ensure a favorable outcome in your case.
Families have the option to file a wrongful death case to pursue compensation. This can be done at the Bastrop County Courthouse, located at 804 Pecan Street.
Your lawyer will help you calculate an amount to request from the court, based on the losses suffered as a result of your loved one’s death. While there’s never a number that can be placed on a human life, securing compensation can help further punish the responsible party.
Types of Evidence to Gather in a Wrongful Death Case
When working on your legal case, your lawyer will be able to explain what evidence is necessary to help ensure a successful claim. The type of evidence can vary, depending on the situation surrounding your loved one’s death. Your lawyer will be able to assist in gathering:
- Copies of your loved one’s medical records before they passed away
- Medical bills
- Copies of the initial incident report
- Surveillance footage from nearby businesses and residents that caught the incident on camera
- Dashcam and traffic camera footage, if the incident was a car crash
- Logs of machinery maintenance and safety measures, if the death happened in the workplace
- Eyewitness statements from anyone who saw the incident
- Testimony from professionals who can give their opinion on what caused the death
FAQs
Hire a Wrongful Death Lawyer With Years of Experience
The team at The Stewart Law Firm, PLLC, has dedicated their professional careers to protecting those who need it most. Reach out to us today to learn how we can assist you during your case. We accept cases on a contingency fee basis, meaning we don’t get paid until we secure compensation for your case. Our team is proud to offer free consultations to those living in Bastrop and the surrounding areas in Texas.
