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Texas Wrongful Death Questions & Answers
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.

1 Answer | Asked in Criminal Law, Family Law and Wrongful Death for Texas on
Q: Widows son in law settles claim with insurance co. From husbands auto fatality Takes the money is this criminal?

Widow had filed claim 1st

Has since passed

House has mortgage and other debt

Insurance will not disclose details of settlement

Which is the best course of action?

Peter N. Munsing
Peter N. Munsing
answered on Mar 1, 2017

Go to the Court where the estate was opened. Find out what happened. When. who was involved.

1 Answer | Asked in Personal Injury and Wrongful Death for Texas on
Q: Can I file for intentional infliction of emotional distress if I was lied to by my son's principal.

My son took his life in 2014 after being harassed by another student. He reported the student but the principal did nothing because he claimed they were unable to identify the other student. After my son's death, he told the same thing to me as well as my son's mother and her relatives.... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 1, 2017

A little late now as the statute of limitations is I believe 2 years. Why not talk to a member of the Texas Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Wrongful Death for Texas on
Q: Husband car fatality insurance claim was filed by widowson in law settles claim without widows knowledge is this theft

Father in law passed in Nov. 2015

Moms attorney filed insurance claim in Dec 2015

She passed away in Dec 2016

Then in Jan 2017

we got a letter that a settlement was reached.

when contacting the adjuster ,

no explanation given

other than it... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2017

If the attorney is your attorney you need to call and ask to make an appointment to see him. In person. If you sent a certified letter that isn't likely to work and I suggest you ask for a copy of the file--again by certified letter ---then contact the bar association and also a member of the... View More

2 Answers | Asked in Wrongful Death for Texas on
Q: Is a wrongful death case the same as a murder case?
Ronald A. Ramos
Ronald A. Ramos
answered on Feb 10, 2017

No, a wrongful death case is not the same as a murder case. A wrongful death case is a civil suit seeking damages (money) and is typically brought by a family member of the person who lost their life. A wrongful death case does not carry criminal penalties with it. On the other hand, a murder case... View More

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1 Answer | Asked in Criminal Law, Medical Malpractice and Wrongful Death for Texas on
Q: How can I find a lawyer who will do my case pro bono?

I mainly need a lawyer for my criminal cases I have pending. However I do have questions about what my family needs to do to get justice for my dad who recently past and it was declared 100% preventable, and was a result of medical negligence. Please advise me on how to find a lawyer. Thank you.

Paul Saputo Jr.
Paul Saputo Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2017

If you can't afford a lawyer in a criminal case, the court will appoint you a lawyer.

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