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Texas Wrongful Death Questions & Answers
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,... View 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... View 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.

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1 Answer | Asked in Car Accidents and Wrongful Death for Texas on
Q: In a Lawsuit. Wife, Incapacitated husband and daughter. If husband dies due to his injuries. Who is entitled to his mone

Does any of his kids who are adults entitle to any of the money from the Lawsuit. Or just his wife and daughter only.

Peter N. Munsing
Peter N. Munsing
answered on Oct 10, 2017

Depends on if he left a will, and if not the laws of "intestate" estates in Texas. Under most states laws, the wife and any child under 18 come first. Others handle it differently.

1 Answer | Asked in Wrongful Death for Texas on
Q: Are we able to sue for wrongful death when someone dies from an overdose of pills?
Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

Generally no,but there may be circumstances when you can. Contact a member of the Texas Trial Lawyers--they give free consults.

1 Answer | Asked in Wrongful Death for Texas on
Q: Am I able to file a wrongful death claim on behalf of my uncle?
Peter N. Munsing
Peter N. Munsing
answered on Aug 6, 2017

Not clear who passed. Why not contact a member of the Texas Trial Lawyers--they give free consults.

1 Answer | Asked in Criminal Law, Civil Rights and Wrongful Death for Texas on
Q: my brother was killed because of police negligence, what can we do now?

he was on drugs and we had a domestic disturbance and Hpd told us he has to be separated for 24 hours so they asked him where he wanted to go, so my brother told them about his questionable friend and thats where they took him and we found next day dead(it was not overdose he was bleeding from his... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 6, 2017

I don't see it under those circumstances. They aren't responsible for who your brother would tell them he should be dropped off at. But contact a member of the Texas Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Wrongful Death for Texas on
Q: What is the deadline to sue for a wrongful death?
Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

Generally, I believe it's two years, however you should contact a member of the Texas Trial Lawyers Association --they give free consultations.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: Can I get my dog back?

My mom even though she didn't want to let my aunt give away my dog, because he kept getting out. At the time he was a puppy and still in the learning process and we were trying to teach him not to, but my aunt was impatient and wanted to give him away and that's what happened. She never... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

Up to the shelter.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: My front door neighbor dog got out and broke my fence and dragged my dog out. She eas immediately taken to the vet

We we're told that she had head trauma and multiple deep wounds... She had to be put down.. Is there anything i can do so our neighbors get rid of their dog we hava a 2year old kid who sometimes is in the backyard with the pups it could've easily been her. Help!

The cops said it... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

You have a trespass action; why not start with the dog warden or animal control?

1 Answer | Asked in Wrongful Death for Texas on
Q: In a wrongful death case can you seek the wages the person would have earned in their lifetime?
Gregory S Baumgartner
PREMIUM
Gregory S Baumgartner
answered on Jun 9, 2017

In Texas and the wrongful death statute provides the basis for the wrongful death lawsuits. In effect, a wrongful death case is the person's personal loss of their family member. So it is not as easy as calculating the lost wages of the decedent. Pecuniary losses are provided for and those... View More

1 Answer | Asked in Wrongful Death for Texas on
Q: Can you demand a jury trial in a wrongful death case?
Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

Yes.

1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Q: My aunt did not call 911 when my father was dying can i sue her for wrongful death?

My aunt woyld not let me be alo e with my dad. He was elderly

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

You could but you'd have to pay a lawyer. She should've called 911. You can make a police referral if you think it was willful.

1 Answer | Asked in Wrongful Death for Texas on
Q: How do you know if someone owed the victim a duty of care in a wrongful death case?
Peter N. Munsing
Peter N. Munsing
answered on May 1, 2017

by contacting a member of the Texas Trial Lawyers Assn who give free consults so that the families of those killed can know their rights.

1 Answer | Asked in Wrongful Death for Texas on
Q: If someone died on the job can you sue the employer for wrongful death?
Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

Generally no--they can only get workers compensation death benefits, unless someone other than the employer/co woerker responsible. . If there is a knowing exposure to a poion possible.Why not consult a member of the Texas Trial Lawyers Assn that handles workers compensation and death cases--they... View More

1 Answer | Asked in Wrongful Death for Texas on
Q: Can you file a wrongful death case against a doctor who was treating someone who was terminally ill?
Peter N. Munsing
Peter N. Munsing
answered on Mar 3, 2017

Yes, but given the circumstances the verdict range may not cover the costs of brining it. Talk to a member of the Texas Trial Lawyers Assn who handles medical cases --they give free consults.

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