Lawyers, Answer Questions  & Get Points Log In
Texas Wrongful Death Questions & Answers
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.

View More Answers

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 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 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: 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
Peter N. Munsing
Peter N. Munsing answered on Mar 20, 2018

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.

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... Read more »

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

yes.File a revocation.

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 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 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... Read 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.

1 Answer | Asked in Wrongful Death for Texas on
Q: In Texas if a settlement check was issued prior to any liens filed can those liens attach to the proceeds of settlement
Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2017

Depends when they were filed. Why not discuss this with the attorney handling the claim.

1 Answer | Asked in Wrongful Death for Texas on
Q: What kind of taxes will we owe on a wrongful death settlement?
Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

None. Generally death or other injury type settlements are free of state and federal taxes.

1 Answer | Asked in Federal Crimes, Military Law and Wrongful Death for Texas on
Q: Can I sue the Army for covering up the circumstances of my brother's suicide?

My brother was hazed/bullied by Marines during a deployment to Iraq. The investigations confirm he called his commander for help 20 seconds before he died and his commander told him to go back to work and hung up. I have evidence that the investigators intentionally witheld witness statements,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

The estate would have a right to bring suit under the Federal Tort Claims Act. Contact a member of the Texas Trial Lawyers Assn who handles death cases involving the military. They give free consultations.

1 Answer | Asked in Wrongful Death for Texas on
Q: Can a hospital file a lien on a wrongful death settlement check.

On March 24th of this year my son was hit and killed by a drunk driver. The drunk driver did have the minimum amount of insurance required by Texas state law. At this time there are two liens on record at the Nueces county clerk's office.Also I was sent a letter from the ins. company dated... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

You have a lawyer. Sit down and meet with him. Find out if there was someone who supplied the drunk that can be sued. If the car your son was in was a recent model, ask him if there is a crashworthiness case.

1 Answer | Asked in Wrongful Death for Texas on
Q: Can a hospital file a lien on a wrongful death settlement check?
Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

Yes if the services were rendered to the decedent. However that bill would have been made part of the claim.

2 Answers | Asked in Wrongful Death for Texas on
Q: My son was killed by a drunk driver this year. Does a lawsuit have to be filed for this to be a wrongful death
Peter N. Munsing
Peter N. Munsing answered on Oct 24, 2017

You should contact a member of the Texas Trial Lawyers Asssn for the county where it happened--they give free consults. Reason is there may be culpability on whoever served the drunk or sold him alcohol if he was drunk already; there may be a "crashworthiness" case. Talk to a TTLA member.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.