Wrongful Death Straight Talk Is Good Business

Victoria Wrongful Death Lawyers

Honoring the Memory of Your Loved One in Texas

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Losing a loved one to the negligence of another can feel unbearable and hopeless. Our Victoria wrongful death lawyers of Cole, Cole, Easley, & Sciba, P.C. would like to remind you that you do have a way to seek justice, closure, and compensation through a wrongful death claim. If you leave all of the busywork of the case up to our team, then you can give yourself plenty of time to focus on grieving.

We know that you are already going through enough as it is without legal complications, which is why we encourage you to allow us to represent your wrongful death case from start to finish. You will appreciate the way that our team balances professionalism with genuine compassion. As your chosen attorneys, we just want to see you through to a brighter, less painful tomorrow.

Whenever you are ready, contact our Victoria wrongful death attorney by dialing (361) 678-3233.

Common Causes of Wrongful Death

Some of the most common causes include:

Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents are among the leading causes of wrongful death. Negligent driving behaviors like speeding, distracted driving, drunk driving, and reckless driving often result in fatal collisions.
Medical Malpractice: When healthcare professionals fail to supply the standard of care expected in the medical community, it can lead to tragic outcomes. Common examples of medical malpractice include misdiagnosis, surgical errors, medication errors, and failure to diagnose serious conditions.
Workplace Accidents: Certain industries, especially construction, manufacturing, and transportation, carry higher risks of fatal workplace accidents. These can occur because of unsafe working conditions, lack of proper safety measures, or equipment malfunctions.
Defective Products: Manufacturers have a duty to ensure their products are safe for use. Defective products, whether due to design flaws, manufacturing errors, or insufficient warnings, can cause fatal injuries.
Premises Liability: Property owners must maintain safe environments for visitors. Fatal accidents can occur due to slip and falls, inadequate security, fire hazards, or unsafe building conditions.
Criminal Acts: Intentional acts of violence, like assault or homicide, also constitute wrongful death. These tragic events leave families seeking justice for their loved ones through the legal system.

When Can a Wrongful Death Suit Be Filed?

Under Texas law, a wrongful death is any death that was caused by neglect, carelessness, unskillfulness, or an intentionally wrongful act of another person. Auto accidents remain among the most common causes of wrongful deaths in the state, but they are certainly not the only cause. Essentially, if you lost a loved one due to someone else’s mistakes, then it more than likely qualifies as a wrongful death as described by the law.

Who Files a Wrongful Death Claim?

Three parties can file a wrongful death claim in Texas, either together or individually:

Spouses
Children
Parents

If none of these three parties are available or want to file a wrongful death lawsuit, then the administrator of the deceased person’s estate can start a claim three months later. Although, a surviving spouse, child, or parent can request with the court to stop any wrongful death lawsuits from being filed.

Assuming that a wrongful death will be filed by a surviving family member or estate representative, it must be done within two years. Once the two-year statute of limitations ends, the court will more than likely reject any future claims, effectively making it impossible to get any compensation from the liable party.

Who Will be Paid in a Wrongful Death Lawsuit?

In Texas, the distribution of funds from a wrongful death lawsuit is governed by specific statutes designed to ensure fair compensation to eligible parties. When a person loses their life due to the negligence or intentional actions of another, the surviving family members or beneficiaries may file a wrongful death lawsuit to seek compensation for their losses.

The primary recipients of the damages awarded in a wrongful death case are typically the surviving spouse, children, or parents of the deceased. These individuals are considered the beneficiaries, and the court aims to distribute the compensation in a manner that reflects the extent of their loss. The court may also consider the financial and emotional dependency each beneficiary had on the deceased when determining the distribution.

If the deceased had no surviving spouse, children, or parents, the damages may be awarded to other family members who can demonstrate financial dependency on the deceased. This may include siblings or other relatives who relied on the deceased for support.

It's essential to note that Texas law prohibits certain individuals from recovering damages in a wrongful death lawsuit. For instance, adult children cannot file a claim if their parent's death was caused by the parent's own negligence.

The distribution of funds from a wrongful death lawsuit in Texas is a complex process that considers various factors to ensure a fair and just allocation of compensation to those who have suffered the loss of a loved one.

Who Pays in a Wrongful Death Lawsuit?

The party liable for your loved one’s death would be named the defendant in your wrongful death claim, but they might not necessarily pay for the damages themselves. As with most personal injury claims, an insurance company representing the defendant will be the one to provide damages, either through a settlement or a verdict. Insurance caps will limit how much can be rewarded. There might be additional caps put in place by law depending on how the deceased passed away.

Damages that you can demand in your wrongful death claim can include:

Wages the deceased would have earned in life
Lost inheritances, including what would have likely been saved
Lost care, companionship, and comfort provided to you and your family
Lost benefit of around-the-house or day-to-day support and work
Mental and emotional trauma you have suffered due to losing a loved one

How Do You Win a Wrongful Death Case?

Wrongful death claims are hotly contested by insurance companies because there are major consequences on the line. If the insurer admits that their client was liable, then they will be admitting that they made a mistake so severe that it cost someone their life. Furthermore, admitting liability will also open the opportunity for a massive payout to be paid to the claimant. It is not uncommon for economic and noneconomic damages in a wrongful death claim to reach six or seven figures.

You should expect that the opposition will not admit fault or make things easy. To give yourself the strength you need to take them on, you will want two things: good evidence and a great lawyer.

How to Prove Negligence

To establish negligence, the following elements will need to be demonstrated:

Duty of Care: The first step is to show that the defendant owed an obligation of care to the deceased. This means the defendant had a legal obligation to act in a certain way to prevent harm.
Breach of Duty: Next, it must be proven that the defendant breached this duty of care. A breach occurs when the defendant's actions or inactions fall below the standard of care that is expected in the given circumstances.
Causation: The third element is to establish causation, meaning that the defendant's breach of duty directly caused the death. It must be shown that the fatality would not have occurred if not for the defendant's negligent actions.
Damages: Finally, the plaintiff must demonstrate that the death resulted in specific damages. This includes economic damages like funeral and burial costs, medical bills incurred prior to death, loss of income, and loss of benefits. Non-economic damages, like loss of companionship, emotional despair, and pain and suffering, are also considered.

Local Support for Wrongful Death Claims in Victoria

At Cole, Cole, Easley, & Sciba, P.C., we understand the unique challenges faced by families in Victoria, Texas, when dealing with the wrongful death of a loved one. Our community is tight-knit, and the loss of a family member affects not just the immediate family but the entire neighborhood. We are here to provide the support and legal guidance you need during this difficult time.

One of the most pressing concerns for families in Victoria is the financial strain that comes with losing a primary breadwinner. The cost of living in our area, combined with unexpected funeral expenses, can be overwhelming. Our wrongful death lawyers are well-versed in the local economic conditions and will fight to ensure you receive the compensation you deserve to cover these costs.

We also understand that the emotional toll of losing a loved one is compounded by the stress of legal proceedings. Our team is committed to handling all the legal complexities so you can focus on healing. We are familiar with the local court systems and have a strong track record of success in Victoria, which means we know how to navigate the legal landscape effectively.

By choosing Cole, Cole, Easley, & Sciba, P.C., you are not just hiring a law firm; you are gaining a partner who understands the unique challenges faced by Victoria residents. We are here to help you seek justice and find a path forward.

Contact Our Wrongful Death Attorney in Victoria Today

Cole, Cole, Easley, & Sciba, P.C. is a family-led law office with the force of a large corporate law firm. This balance allows us to bring you compassionate legal representation that is also capable of standing up to major insurance companies.

Our Victoria wrongful death lawyers would like to hear from you to see how we can help you find justice and financial stability after losing someone so close to you.

Please dial (361) 678-3233 at any time. Our Victoria wrongful death lawyers look forward to helping.

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Testimonials

Local Knowledge, National Reputation

At Cole, Cole, Easley, & Sciba, P.C., your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“Very professional, patient, and knowledgeable.”
Attorney Chuck Cole is the best accident lawyer. He is very professional, patient, and knowledgeable, as well as his assistant Ms. Tabitha. They took care of us really well in every possible way they could.

Kris W.
“They are easy to work with and look out for the clients’ best interests.”
This firm is very understanding, knowledgeable, and professional. They are easy to work with and look out for the clients’ best interests. Great people!

Linda U.
“Treated as Family”
Jim Cole helped us every step of the way through a difficult time in our lives. We were always treated as though we were family from Jim and everyone at the firm.

Tyler K.
“Attorney Sam Cole was the first attorney who treated me as a person instead of a paycheck.”
I have gone through hell in the family court system in Texas against the father of my children, who is an attorney in our community with abundant legal resources. After years of fighting for my children, I was unjustly put in criminal contempt for not bringing my daughter to soccer practice despite following the custody agreement and the advice of my attorneys at the time. I asked about appeal options, and while the attorneys felt my case was justified, they said it would be a waste of my time and money and that only two percent of cases win on appeal. However, as a mother and a teacher, I wanted to clear my reputation and fight for what’s right. I hired a law firm to file a mandamus with the Court of Appeals, but the court denied our petition. Not wanting to give up, I decided to go to the Texas Supreme Court. After consulting with a few attorneys who were very discouraging and didn’t want to take my case, one referred me to Attorney Sam Cole. Sam told me my case was a long shot but agreed I was right and would fight for me if I wanted to proceed. He worked with me on my case and on a payment plan that worked for my situation. He always explained everything and answered questions with patience and understanding. He thoroughly researched all that had happened and the law that surrounded the issue. Sam treated me as a person and not just a paycheck, and had I lost in the Supreme Court, I would still be writing this review. However, the Supreme Court did rule in our favor, and after more than 2.5 years of this hanging over my head, I am completely vindicated. I hope the outcome of my case will help prevent this from happening to others in the future.

Pamela J.
“There are many good personal injury lawyers and law firms, but none finer than those at Cole, Cole, Easley, and Sciba.”
In 2021, I was hit by an 18-wheeler, suffered a head injury, and was taken to a nearby trauma ER. As soon as I could do so, I contacted Jim Cole. Jim, supported by Will, Evan, Chuck, Luther, and all of Cole, Cole, Easley, and Sciba, provided unparalleled legal expertise, which resulted in a very favorable outcome for me. I've worked with trial lawyers on both sides of the bar, civil and criminal, all my working life. There are many good personal injury lawyers and law firms, but none finer than those at Cole, Cole, Easley, and Sciba.

John R.

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Our Values

What Our Work Means To Us

Client Focus
We communicate with clients clearly and tell them candidly what they can expect, given the specifics of the case.
Community Focus
We believe in giving back to the Victoria community. We support various organizations financially and with our time.
Local Knowledge
In 1954, Emmett Cole, Jr., returned to the crossroads area to found our practice after working a year at a Houston law firm.
National Reputation
We have provided effective, ethical legal representation throughout Texas and nationwide for more than 50 years.

Contact Us Today! Outstanding Representation Since 1954

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