
Wrongful Death Attorney in Spicewood, TX
When a loved one passes away unexpectedly due to the fault of another party, the grief is overwhelming. Feelings of anger towards the wrongdoer are normal. It’s your legal right to take action against them by filing a civil case. Working with a Spicewood wrongful death lawyer can make the process easier to navigate.
While compensation can’t take away the pain of what happened, it can help ease your financial burden and hold those responsible accountable for their actions.
Hire a Wrongful Death Lawyer With Years of Experience
When taking on a wrongful death case, having a strong legal advocate on your side is key. Here at The Stewart Law Firm, PLLC, our three skilled attorneys are ready to take on any case, no matter the complexity.
Our founder has a background in defense law. His knowledge of that time helps influence his current practice and custom legal strategy for clients. We’re proud to offer families of Spicewood a free consultation to discuss their case.
What Is a Wrongful Death?
A wrongful death happens when someone passes away due to the action, or inaction, of another party. This is a broad category, and commonly includes cases of:
- Medical malpractice. Patients of medical centers, such as the Family Hospital at Lake Travis and Spicewood Surgery Center, deserve to feel like they’re in capable hands. When the medical staff fails to provide adequate care and the patient passes away, families have the right to file a case to help ensure something similar doesn’t happen to another patient in the future.
- Workplace incidents. The top occupations in Burnet County in 2023 were office and administrative support, sales, and construction. Workers are often faced with harsh working environments, where management doesn’t properly enforce safety measures or procedures. When a death happens in the workplace, the fallout can be devastating for families. In 2023, there were 4.1 fatalities per 100,000 full-time Texas employees.
- Car accidents. As a small community, residents of Spicewood commonly use Highway 71 for daily commuting. This highway sees thousands of drivers every day, making the likelihood of a crash high. Burnet County saw 890 car crashes in 2022, with 16 fatalities. These crashes often happen as a result of mistakes that are easy to avoid, like speeding or distracted driving.
Before filing your case at the Burnet County Courthouse, located at 220 South Pierce Street in Burnet, be sure to hire a wrongful death lawyer to represent your case to the judge.
Evidence to Gather to Support Your Wrongful Death Case in Texas
After hiring a lawyer and filing your legal claim, you’ll work together to gather and preserve evidence for your case. However, it’s helpful to show up to your legal consultation with evidence already gathered, such as:
- A full timeline of what happened to your loved one
- Copies of your loved one’s medical records and medical expenses
- Copies of the initial incident report, if applicable
Your lawyer can then help you collect as much diverse evidence as possible. This is needed in wrongful death cases, as the court will make its final decision based on the evidence provided in the case. This can vary depending on the unique details of what happened to your loved one, but can include:
- Surveillance footage from nearby businesses and residential homes that caught the incident on camera
- Dashcam or traffic camera footage
- Your loved one’s workplace maintenance logs or safety logs
- Eyewitness testimony from those who saw the incident occur
- Testimony from professionals who can share what they believe caused your loved one’s death
- Photos and videos from the time of the incident. This can include photos of your loved one’s injuries, property damage to their belongings, like a vehicle, and the site of the incident. This can be especially helpful in cases where failed safety measures on a property led to the incident, such as broken handrails in a hotel.
FAQs
Only specific people may file a wrongful death case. This includes the deceased’s spouse, parents, or children. One of these family members can choose to file one case on behalf of all eligible family members. If none of the family members files the case within three months after the death occurs, the person in charge of filing will be the executor of the deceased’s estate. This is only done if the family members want to pursue a case.
Texas residents have two years to file their wrongful death claim. This deadline begins on the day the person passed away. While it’s difficult to think of a legal case after the death of someone you care about, it’s important to work quickly. Waiting too long can make it more difficult to prove your claim, as evidence and witness memories may fade over time. The first step is to draft a detailed timeline of what happened, then seek legal services.
There are two main types of damages that can be requested in a wrongful death case. Economic damages include the loss of the deceased’s income, the monetary value of the household services they provided, and any therapy costs for the deceased’s family members. Non-economic damages include the loss of the deceased’s companionship, love, comfort, and guidance. Your lawyer will be able to help you calculate the maximum amount of compensation available to request in your case.
Exemplary damages are a particular type of damages that can only be pursued in the most extreme cases. This includes any case where the wrongdoer acted with extreme malice or negligence. For example, if a surgeon were operating while drunk, you may be able to request exemplary damages. These damages help to further punish the wrongdoer, as well as deter any similar behavior from happening in the future.
Choose a Trusted Law Firm in Texas
Reach out to The Stewart Law Firm, PLLC, today to learn how we can assist you. When you come in for your free consultation, you’ll be able to explain the details of your case to one of our attorneys, as well as your desired outcome. From there, we can explain what legal options are available to you, so you can make informed choices regarding your case.
Spicewood, TX Wrongful Death Resources