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Victoria Wrongful Death Lawyers
Honoring the Memory of Your Loved One
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.
When Can a Wrongful Death Suit Be Filed?
Who Files a Wrongful Death Claim?
Three parties can file a wrongful death claim in Texas, either together or individually:
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.
Moral Support & Legal Guidance from One Firm
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. We look forward to helping.
We communicate with clients clearly and tell them candidly what they can expect, given the specifics of the case.
We believe in giving back to the Victoria community. We support various organizations financially and with our time.
In 1954, Emmett Cole, Jr., returned to the crossroads area to found our practice after working a year at a Houston law firm.
We have provided effective, ethical legal representation throughout Texas and nationwide for more than 50 years.