When experience matters, the more the better...

Our Law Firm has seen this time and time again, specially with the increase of trucks been driven over the roads in Texas. Nevertheless, when a loved one suddenly dies, this will be both emotionally and financially devastating. This is going to sound like a "cliché'" but in Texas, when someone dies as a result of negligence, the family members have the right to recover. This comes in the form of a law suit for Wrongful Death and or a Survival Action. During this part, experience matters...because We Get You Serious Results!!

We believe that no amount of money will ever replace the person you tragically lost!! We emphasize to our clients that we can never replace the loved one. We wish we could!!! But, obtaining the services of skilled, experienced, compassionate wrongful death lawyers is a necessary step to ensure that your rights, and those of your love ones are protected. This is a step in the right direction.

Like the song says...in the blink of an eye...this is how your life can change because of the negligence of another that results in the death of a loved one. We see this every day on our Texas Roads. Specially, those now congested by 18 wheelers. By Texas standards, this is called a Wrongful Death Action. In general, a wrongful death claim is a cause of action, which means that a law suit can be brought, when this cause arises from the victim’s wrongful death. This may be brought by the surviving beneficiaries or dependents of the decedent.

Over the years, we have found that many of these fatalities created by the trucking industry could have been prevented. In many cases, the death ends up been as a result of faulty equipment, failure to inspect equipment or pure negligence, which is called negligence per se, and this is when experience matters the most. Not all lawyers are aware of these facts.

We have seen the emotional pain, agony and strain on families as a result of losing a loved one. But, we have also seen how families can put their love ones to rest, after receiving the compensation that they deserve for their lost. Again, no amount of money will ever replace a loved one!! But, when experience matters, the more the better. Come see us, if a loved one has been a victim of one of these 18 wheeler accidents or any vehicle accident that has resulted in the death of a loved one.

Since our founding attorney is a nurse, he has built a team of compassionate people to take care of the families during the difficult times after the death of a loved one.

Wrongful Death actions in Texas

A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful death.

The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.

The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).

A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.

"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or agent's or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).

Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.

The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured.

If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).

The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).

A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.

The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions.

If you have a wrongful death action, please contact our attorneys. We can help you settle the case against the wrong doers. Visit our website www.thebaezlawfirm.com or www.sanantoniopersonalinjurytriallawyers.com because "We care about your legal need."

How much for a personal injury lawyer?

Attorney fees in cases of serious injury or wrongful death are generally based on a “contingency fee basis”. This means that the attorney is only paid if (enphasis aded) there is a recovery, and the fees are set as a percentage of the recovery made. If there is no recovery, you owe no attorney fees at all.

On the other hand, when attorneys charge for their time by the hour, their bills can quickly add up and be beyond the budget of most people. Although the insurance industry and corporations can have dozens of attorneys “on the clock”, that isn’t possible for the rest of us.

Fortunately, consumers have a way to level the playing field. Under a contingency fee contract, attorney fees are generally between 33.3% and 40%, but there is nothing sacred about these numbers. In more complicated and difficult cases or in cases that require significant expenses, the percentages may be higher. Talk to your lawyer about your contingency fee.

You should expect that a contingent fee agreement will be in writing, and in Texas, they are in fact required. Make certain that you understand this agreement. Ask questions. You should expect to be provided a copy of the agreement for your records. How expenses will be paid is an important part of the agreement. Cases for serious injury or death can require sizable expenditures, tens and sometimes hundreds of thousands of dollars. Ask what kinds of expenses the attorney considers essential to prepare your case and maximize your recovery.

Routine costs in lawsuits can include charges for filing fees, process servers, facsimile charges, couriers, express mail, Federal Express, UPS, copying of medical and other records, deposition reporter's fees and transcripts, experts' and consultants fees, telephone toll charges, in office copying, postage, attorney's travel by car, parking, overnight hotel and meals, focus groups, trial exhibits, computer research, mediation fees, jury fees and investigators' fees and many others.

The most significant expenses in cases are for experts who hired to explain what the defendant did wrong, medical details related to the death or injury, and future expenses or losses that have resulted. Fo this you need doctors, engineers, life care planners, and economists. In most cases, attorneys with contingent fee agreements will advance the expenses on a case, and then deduct them from the settlement when the case is resolved. Although it is difficult to estimate the expenses of a case in advance, ask for a general estimate of what those costs will be.

Although no attorney can guarantee what the outcome of a given case will be, that does not prevent the attorney from promising to use his/her best efforts on your behalf. The "right attorney" is never unwilling to make this commitment to his/her client and to put that commitment in writing.

If you have been injured by someone's negligence, and you have substantial medical expenses, please contact our law firm. Our experts will help you through this diffucult time and will try to get you back to whole again. Visit our website http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ and schedule your free initial consultation with one of our lawyers.