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Texas Wrongful Death Questions & Answers
2 Answers | Asked in Wrongful Death for Texas on
Q: If my dad was killed while on work release duty from prison, can I file a wrongful death claim or will the fact that he

is incarcerated preclude a lawsuit?

Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
answered on Dec 4, 2018

First, sorry for your loss. The answer depends on a lot. It depends on the facts of the incident. How did this occur? What happened? When did it occur? We would be available to speak to you concerning the answers to these questions.

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9 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Texas on
Q: My son was killed by a semitruck driver who was on the job when he ran a stoplight. Do I sue the driver, the truck's

owner, or the truck company the driver worked for? Can I sue all three?

Gregory S Baumgartner
PREMIUM
Gregory S Baumgartner
answered on Oct 29, 2018

Proper defendants usually are the truck driver and the trucking company. Others can be a potential defendant, depending on the facts, like the maintenance company (if the truck is improperly maintained) or the leasing company in some circumstances. I am sorry for your loss.

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1 Answer | Asked in Criminal Law, Medical Malpractice and Wrongful Death for Texas on
Q: my sister recently overdosed on pain medications she got from a new doctor. national data base wasn't used to stop her
Peter N. Munsing
Peter N. Munsing
answered on Oct 2, 2018

Not a question. If you feel the data base would have shown all of her meds (and she didn't have an illegal stash she bought on the street) the estate may have had a claim--suggest you contact a member of the Texas Trial Lawyers Assn for the County where it happened; they give free consults.

1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Texas on
Q: Where can I find a database of cases associated with 2013 Camaro RS crashes?
Tim Akpinar
Tim Akpinar
answered on Sep 13, 2018

The Insurance Institute for Highway Safety Highway Loss Data Institute maintains statistics for motor vehicle crashes by state, vehicle miles, no. of vehicles involved, and other parameters. You could contact them and ask if they have vehicle-specific crash-related data.... View More

1 Answer | Asked in Wrongful Death for Texas on
Q: If there is a cap for med mal cases, is there a cap for wrongful death?
Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

In Texas yes, it's $500,000 but there are items like inflation adjustment, contribution if more than 1 person responsible that can adjust the figure. Suggest you contact a member of the Texas Trial Lawyers Assn who handles medical cases. They give free consultations.

1 Answer | Asked in Wrongful Death for Texas on
Q: Who exactly can file a wrongful death lawsuit in Texas?
Gregory S Baumgartner
PREMIUM
Gregory S Baumgartner
answered on Jun 23, 2018

In Texas, wrongful death claimants are limited to parents, spouses and children. See CHAPTER 71. WRONGFUL DEATH, Texas Civil Practices and Remedies Code.

1 Answer | Asked in Wrongful Death for Texas on
Q: How do courts determine what a person’s future earnings would have been if he was still a student who hadn't made money?
Kim Jones Penepacker
Kim Jones Penepacker
answered on Jun 21, 2018

Determinations of future earnings are generally based on evidence, witness testimony, and expert testimony, such as testimony from an economist. There are many factors that go into an evaluation of future earnings, and it can be difficult to determine for a young person or student who hasn't... View More

2 Answers | Asked in Wrongful Death for Texas on
Q: Can a boyfriend bring a wrongful death lawsuit on behalf of the girlfriend?

Or do you have to be family to bring the suit?

Peter N. Munsing
Peter N. Munsing
answered on May 4, 2018

You have to be next of kin.

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1 Answer | Asked in Wrongful Death for Texas on
Q: Are pregnant mothers treated differently than non-pregnant women in wrongful death lawsuits?
Peter N. Munsing
Peter N. Munsing
answered on Apr 16, 2018

Depends on if they are the decedent or not. Generally no. If you have a claim contact a member of the Texasd Trial Lawyers Assn-they give free consults.

1 Answer | Asked in Animal / Dog Law, Civil Rights, Federal Crimes and Wrongful Death for Texas on
Q: Can I sue the city police dont want to come by and open gate to release my dog from the pound after we paid?

We paid for our dog and been trying to get him for days but city police don’t want to open the gates for us they took our dog else where to probably get put down, can we sue??

Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

You could but the pound is usally operated by the municipality, not by the police. As your city councilman or mayor about this.

1 Answer | Asked in Wrongful Death for Texas on
Q: If the state decides to bring a criminal charge against someone I wanted to sue for wrongful death, can I sue

simultaneously or do I have to wait until the criminal case ends?

Kim Jones Penepacker
Kim Jones Penepacker
answered on Apr 2, 2018

If you are within the statute of limitations and the facts of the case permit a civil suit from the same event, then you can have simultaneous proceedings. You should contact a personal injury attorney in Texas to discuss the facts of your case.

1 Answer | Asked in Wrongful Death and Probate for Texas on
Q: can you stop a waiver of personal representation you have signed?

i was told i had to sign this PR waiver since i was not yet married so the next legal age heir would be my fiances father. court has not named PR yet. The day after the funeral he had filed a paper at the courthouse to recoup his burial expense to get our family boat just in his name. i paid the... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 20, 2018

yes.File a revocation.

1 Answer | Asked in Adoption and Wrongful Death for Texas on
Q: I was adopted 40 years ago. I found my birth parents this week. My birth father was murdered by a cop.

The cop was sentenced for his murder. Can I file a wrongful death suit 40 years later?

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

No.

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for Texas on
Q: I received a monetary settlement from a wrongful death case against a nursing home (my mother death). Is this taxable

The amount was approx $300,k divided between 5 siblings. The case was filed in

New Mexico.

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

Your post says Texas. You first need to contact the attorney, find out the breakdown between wrongful death and survivorship. Find out if the Az tax people agreed to the split. Contact a CPA in your state.

1 Answer | Asked in Personal Injury and Wrongful Death for Texas on
Q: My brother died in a tragic work accident due to negligence .My uncle filed for wrongful death and a settlement was

awarded. Who is entitled to receive the money? He had a living grandmother, father and older sister

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2018

You, father,sister. You need to consult with an attorney of your own. Look for a member of the Texas Trial Lawyers Assn. in the county where the killing happened.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Wrongful Death for Texas on
Q: My neighbor has used a hammer to push out my picket on my privacy fence my dog got out there is it my fault?

After the dog got out she told me I am going to shoot your dog so I quickly tried to get my dog back in the yard but the dog ran across the street into a vacant lot I grabbed my keys drove in that direction saw the dog in rearview mirror headed back to the house turned around pulled into my drive... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 12, 2018

You can make a claim but will spend more than you get. You need to press charges with the police.

1 Answer | Asked in Wrongful Death for Texas on
Q: Does my sons father have to be involved if i decide to sue my sons treatment home for negligence or can i by myself?

my son passed and i already have a lawyer wanting to look into his case however my sons father and i are not together and we are on very bad terms, i just want to know am i allowed to pursue with the lawyer without involving my child's father?

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

At some point the father has rights and you should discuss this with your lawyer.

1 Answer | Asked in Wrongful Death for Texas on
Q: What is the difference between involuntary manslaughter and wrongful death?
Peter N. Munsing
Peter N. Munsing
answered on Dec 28, 2017

Involuntary manslaughter is a criminal charge; wrongful death is a civil claim made by the estate of the deceased and any immediate family that may have a right to file on their own behalf.

1 Answer | Asked in Wrongful Death for Texas on
Q: Do you have to be related (or married) to the person who died due to someone's negligence in order to file a wrongful

death claim?

Peter N. Munsing
Peter N. Munsing
answered on Dec 7, 2017

In most states yes. You should consult a member of the Texas Trial Lawyrs Assn---they give free consults.

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