Tomball, TX asked in Wrongful Death and Criminal Law for Texas

Q: My mom was robbed, had serious injury. In hospital over 1 month, and took out to Nursing home but died in N.Home. Help m

My mother was robbed, 8/2020, had had serious injury on the head and was taken to Hospital. She got better day by day, and 9/18/2020 she was moved out to Nursing Home in the afternoon. But around 2am in the next day(just only 8 hours) someone in Nursing Home call my Uncle to tell that my mom had passed away.

I want to help on those 2 case.

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2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: You can focus on finding a civil attorney for the wrongful death / personal injury case. Just let the county District Attorney's office know that your mother passed away. That office will handle the Robbery case. You don't need a private attorney to prosecute the criminal case.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: I'm sorry for your loss. With respect to the aggravated robbery case, that criminal case "died" when your mother passed away. The robber can no longer be prosecuted strictly for the aggravated robbery. I'm not clear exactly what you're saying about the "serious injury on the head". The way that sentence reads it looks like you're saying that she already had a head injury at the time she was robbed. However, if you're saying that she got a serious head injury during the robbery, that's a whole different matter. Head injuries, especially blunt force injuries, can result in swelling inside the skull which can cause death. Also, getting hit hard on the head can produce bleeding and blood clots which, if they break loose, can travel into the lungs or the brain and produce a loss of blood flow to the heart or the brain, resulting often in death.

You'll need an autopsy to determine cause of death. If death was caused by an injury to her head which happened during the robbery, the "dead" aggravated robbery case can be reborn as a capital murder case. I wouldn't be quick to accuse the nursing home, hospital or doctors for her death. You need to see the autopsy findings before even thinking about a wrongful death civil suit.

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