Texas Wrongful Death Questions & Answers

Q: Would I be able to sue for wrongful death? My mother was the passenger in a car accident.

4 Answers | Asked in Car Accidents and Wrongful Death for Texas on
Answered on Dec 23, 2018
Rahlita D. Thornton's answer
Sorry for the loss of you mother. You may have a wrongful death claim and also a survivor's claim. Was your mother married at the time of her death? How old are you? There are deadlines that have to be followed in order to recover as well.If you would like us to evaluate this claim for you feel free to contact us at 888-3434LAW or 888-343-4529.

Q: My father died in the nursing home in Iowa due to my uncle's negligence

1 Answer | Asked in Estate Planning, Personal Injury, Nursing Home Abuse and Wrongful Death for Texas on
Answered on Dec 19, 2018
Terry Lynn Garrett's answer
You would need to contact an Iowa attorney.

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

2 Answers | Asked in Wrongful Death for Texas on
Answered on Dec 4, 2018
Rahlita D. Thornton's answer
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.

Q: my sister recently overdosed on pain medications she got from a new doctor. national data base wasn't used to stop her

1 Answer | Asked in Criminal Law, Medical Malpractice and Wrongful Death for Texas on
Answered on Oct 2, 2018
Peter Munsing's answer
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.

Q: Where can I find a database of cases associated with 2013 Camaro RS crashes?

1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Texas on
Answered on Sep 13, 2018
Timur Akpinar's answer
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. https://www.iihs.org/iihs/contact-information

Q: If there is a cap for med mal cases, is there a cap for wrongful death?

1 Answer | Asked in Wrongful Death for Texas on
Answered on Sep 11, 2018
Peter Munsing's answer
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.

Q: Who exactly can file a wrongful death lawsuit in Texas?

1 Answer | Asked in Wrongful Death for Texas on
Answered on Jun 23, 2018
Gregory S Baumgartner's answer
In Texas, wrongful death claimants are limited to parents, spouses and children. See CHAPTER 71. WRONGFUL DEATH, Texas Civil Practices and Remedies Code.

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?

1 Answer | Asked in Wrongful Death for Texas on
Answered on Jun 21, 2018
Kim Jones Penepacker's answer
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 yet started a career. If you need help in this area, you should contact an attorney who handles wrongful death cases.

Q: Can a boyfriend bring a wrongful death lawsuit on behalf of the girlfriend?

2 Answers | Asked in Wrongful Death for Texas on
Answered on May 4, 2018
Peter Munsing's answer
You have to be next of kin.

Q: Are pregnant mothers treated differently than non-pregnant women in wrongful death lawsuits?

1 Answer | Asked in Wrongful Death for Texas on
Answered on Apr 16, 2018
Peter Munsing's answer
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.

Q: If the state decides to bring a criminal charge against someone I wanted to sue for wrongful death, can I sue

1 Answer | Asked in Wrongful Death for Texas on
Answered on Apr 2, 2018
Kim Jones Penepacker's answer
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.

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?

1 Answer | Asked in Animal / Dog Law, Civil Rights, Federal Crimes and Wrongful Death for Texas on
Answered on Mar 26, 2018
Peter Munsing's answer
You could but the pound is usally operated by the municipality, not by the police. As your city councilman or mayor about this.

Q: I have a pending tort claim for a wrongful death. When do they have to notify me of a court date or of a settlement

1 Answer | Asked in Wrongful Death for Texas on
Answered on Mar 20, 2018
Peter Munsing's answer
There aren't set times. You need to stay in touch with your attorney. Find out what is happening. There will be times when the attorney is waiting to hear from their insurance so it would not be unusual for them to have nothing to report.

Q: can you stop a waiver of personal representation you have signed?

1 Answer | Asked in Wrongful Death and Probate for Texas on
Answered on Feb 20, 2018
Peter Munsing's answer
yes.File a revocation.

Q: I received a monetary settlement from a wrongful death case against a nursing home (my mother death). Is this taxable

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for Texas on
Answered on Feb 11, 2018
Peter Munsing's answer
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.

Q: My brother died in a tragic work accident due to negligence .My uncle filed for wrongful death and a settlement was

1 Answer | Asked in Personal Injury and Wrongful Death for Texas on
Answered on Feb 2, 2018
Peter Munsing's answer
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.

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?

1 Answer | Asked in Animal / Dog Law, Civil Rights and Wrongful Death for Texas on
Answered on Jan 12, 2018
Peter Munsing's answer
You can make a claim but will spend more than you get. You need to press charges with the police.

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?

1 Answer | Asked in Wrongful Death for Texas on
Answered on Jan 4, 2018
Peter Munsing's answer
At some point the father has rights and you should discuss this with your lawyer.

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