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Texas Wrongful Death Questions & Answers
2 Answers | Asked in Personal Injury and Wrongful Death for Texas on
Q: Ok say someone in close family got cancer from working shut down at brown & root in Texas got the cancer and died
Paul Danziger
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answered on Apr 11, 2025

Thank you for reaching out. I'm very sorry to hear about your loss.

Depending on the specific diagnosis your loved one received and how long ago they passed away, you may be eligible for compensation. There are a number of factors that can affect eligibility, including the nature of...
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1 Answer | Asked in Probate, Wrongful Death, Insurance Bad Faith and Personal Injury for Texas on
Q: Do I need to submit life insurance benefits in probate court?

I am the conservator for my granddaughter, who received life insurance benefits as a beneficiary following her father's death. There is a wrongful death lawsuit, and we are going to Probate Court. The probate attorney has advised that I must provide the life insurance benefits to the... View More

James L. Arrasmith
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answered on Apr 12, 2025

This is a really important question, and you're right to want a clear explanation—especially when you're doing your best to care for your granddaughter. In Texas, even though life insurance benefits usually go directly to the named beneficiary and bypass probate, the situation changes... View More

2 Answers | Asked in Civil Litigation, Family Law, Criminal Law and Wrongful Death for Texas on
Q: What can I do about a wrongful arrest and my sister removing my name from our mother's home ownership in Texas?

I'm facing a complex legal issue where my mother left our home to me and my sister, but my sister removed my name from the ownership without my consent. I've filed an affidavit of heirs and a death affidavit through the court, with support from my other siblings. Recently, my sister... View More

Robert Ammons
Robert Ammons
answered on Mar 13, 2025

Your situation involves multiple serious legal issues, including wrongful arrest, property fraud, and a potential wrongful death claim, each requiring a strategic legal approach.

Regarding the property dispute, if your mother’s home was left to both you and your sister, she cannot legally...
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2 Answers | Asked in Medical Malpractice and Wrongful Death for Texas on
Q: How to pursue wrongful death and malpractice case for brother's heart attack in Texas?

I believe my brother's death may have been due to medical malpractice. My brother, Jimmy Miller from Buda, Texas, was taken to Baylor Scott and White in late July 2024, where he was diagnosed with a heart attack. After an initial doctor's recommendation against placing stents due to high... View More

Robert Ammons
Robert Ammons
answered on Feb 28, 2025

I'm truly sorry for the loss of your brother. You deserve to understand whether medical decisions may have contributed to his passing and what legal options exist.

Your situation involves potential wrongful death and medical negligence claims, which require showing healthcare providers...
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1 Answer | Asked in Family Law and Wrongful Death for Texas on
Q: Can we publish a book based off FNAF?
Tim Akpinar
Tim Akpinar
answered on Feb 22, 2025

A Texas attorney might be able to advise best, but your question remains open for over a week. This looks like something that the intellectual property attorneys here would know better than attorneys who practice in family law/wrongful death (the chosen categories for your post). Although some... View More

2 Answers | Asked in Wrongful Death, Estate Planning and Probate for Texas on
Q: When a person passes away from Asbestos, is there any way to find out whom they made there beneficiary?
Scott Martin Hendler
Scott Martin Hendler
answered on Dec 20, 2024

When someone dies from an asbestos related disease, who they made the beneficiary of his or her estate will be in the Will if the person had one. But that does not exclusively determine who has a right to sue for the death. The law of the state where the death occurred establishes the right of who... View More

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2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Wrongful Death for Texas on
Q: How can I get my son’s suicide case reopened? He was shot 5 times two times!
John Michael Frick
John Michael Frick
answered on Oct 7, 2024

You need to present some persuasive new evidence to the law enforcement agency who investigated his death.

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1 Answer | Asked in Wrongful Death and Civil Litigation for Texas on
Q: Can I sue Tdcj for wrongful death if they released a prisoner after failing to convict him on contraband , a cellphone

Cellphone was used to post a death threat on facebook and violence of cell mate

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

No.

1 Answer | Asked in Personal Injury, Wrongful Death, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: Can I sue a county jail for negligence in Texas?

The jail was cited 30 days later for leaving 3 doors unsecured which resulted in my son obtaining a jailer’s personal keys and escaping, led police on a chase and ended with police shooting my son in the back and killing him.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Yes, you can sue a county jail in Texas for negligence, but probably not successfully on the facts you describe. Your son's escape and subsequent confrontation with police was most likely the proximate cause of his death and not the negligence of leaving the doors unsecured. Your son's... View More

2 Answers | Asked in Personal Injury, Civil Litigation, Wrongful Death and Criminal Law for Texas on
Q: Can I sue a jail if 3 doors were left unsecured and my son escaped?

The jail was sited with a non compliance 28 days after this incident. My son hijacked a car, led police on a 107 mile chase that ended with police shooting my son in the back. He died later that day.

Gary K. Burger Jr
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answered on Jul 22, 2024

I'm sorry for you loss. It sounds like a very painful way to lose a loved one.

There is likely an issue of sovereign immunity in this case, as it involves a government agency. This exempts agencies and their employees from being held responsible, though there are exceptions such as if...
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1 Answer | Asked in Agricultural Law, Criminal Law, Appeals / Appellate Law and Wrongful Death for Texas on
Q: Would any law firms take on a death penalty case for free?

I have a friend on death row in Texas who is currently trying to appeal his sentencing. Would any law firms take his case on for free?

Tara Gilmore-Low
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Tara Gilmore-Low
answered on May 24, 2024

There are firms who handle a number of appeals on a pro bono basis, however, your better bet is to contact the Innocence Project.

2 Answers | Asked in Criminal Law and Wrongful Death for Texas on
Q: Is a six month old text message from a decedent to a third party valid testimony or evidence
John Michael Frick
John Michael Frick
answered on May 28, 2024

It can be depending upon other facts not mentioned in your question.

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1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Products Liability, Personal Injury and Wrongful Death for Texas on
Q: I received settlement from Bayer/Monsanto for my husband's non Hodgkin'lymphoma. After they offered me the initial sett

Settlement they then asked me if I could hold out for a larger settlement as my husband passed away from his Roundup exposure. It is now been 2 years and still no settlement they say keep holding out if possible is this normal?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Texas attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your husband. Your attorney would be in the best position to answer this, but based on the timeline you describe, one possibility is that your law firm added the wrongful death element... View More

1 Answer | Asked in Wrongful Death for Texas on
Q: MY SON PASSED AWAY IN THE TEXAS DEPARTMENT OF CORRECTIONS, AND I CAN NOT FIND A LAWYER TO TAKE MY CASE. WHY IS IT SO HA

WHY IS IT SO HARD TO FIND A LAWYER TO GO AGAINST TEXAS DEPARTMENT OF CORRECTIONS

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Because it is very difficult to successfully prosecute a lawsuit against the Texas Department of Corrections, most attorneys will not accept such a case on a contingency fee. No one wants to spend the large amount of time and energy necessary to successfully pursue a wrongful death claim without... View More

1 Answer | Asked in Civil Rights and Wrongful Death for Texas on
Q: Can I file a tort claim or civil right claim against the texas department of correction

My son died Nov 16 2023 while taking a shower at the powledge unit in Palestine tx. He yelled" I'm having a stoke, the officer in charge walked up to see him and said he was faking. Finally because inmates yelling for his help another officer comes in and calls for medical assistance, but... View More

James L. Arrasmith
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answered on Mar 8, 2024

In the wake of such a tragic loss, you might indeed consider taking legal steps against the Texas Department of Corrections, especially given the circumstances surrounding your son's death and the inmate grievances filed in response. Both tort claims and civil rights claims could potentially... View More

2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

Pain and suffering is a non-economic damage to compensate your spouse for the conscious physical pain he endured as a result of his exposure which caused his cancer up to the time of his death. It is recoverable by the personal representative of his estate in a survival action. How much to ask... View More

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1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Q: Where can I find current information on the trial of Raynaldo Ortiz?

Trial should have started in Judge Godny's court early February

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 15, 2024

Go to the district clerk office in the county the trial was held and they can pull the case for you.

2 Answers | Asked in Wrongful Death for Texas on
Q: Could you tell me if this is a case someone would take died while being transported from prison to another prison

Supposedly fell out of van or bus and broke his neck he was shackled and handcuffed

Asking for a friend just wanting to find out if this is a case that someone would take

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 5, 2024

Yes. If the facts are correct a attorney would take the case

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: Can you sue animal control for seizing your animals while you are in jail and have them euthanized
John Michael Frick
John Michael Frick
answered on Jan 25, 2024

It depends upon the particular facts of your situation. It is important to consider what arrangements you made for your animals to be properly cared for while you were in jail and why the animals were seized by animal control.

If the animals were being properly cared for and animal...
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