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Texas Wrongful Death Questions & Answers
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.

1 Answer | Asked in Wrongful Death for Texas on
Q: What elements are required to prove wrongful death in a situation where a child drowned at a public pool while a

lifeguard was on duty?

Peter N. Munsing
Peter N. Munsing
answered on Jan 14, 2017

It's very fact specific. Suggest you contact a memberof the Texas Trial Laweyrs Assn--they give free consults.

Generally, you would need witnesses to what lifeguard didn't do and as to how far child was from lifeguard

when it happened. Also, depending on pool size &...
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1 Answer | Asked in Probate and Wrongful Death for Texas on
Q: My brorhers kept my share of a structured settlement. Can something be done?

My mother passed away in a wreck in 2008. My brothers sued the Ford company, won the case and a structured settlement was to be divided amongst her children. My brothers kept my share of the structured settlement . They purchased land and a house. Nothing is in my name and they kept the remaining... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 28, 2016

If he was a legal guardian you should be able to go after him. If there was a structured settlement there's a paper trail.

If you want start researching the paper trail. Contact a member of the Texas Trial Lawyers Assn who handles estate related matters. Several violations involved too..

2 Answers | Asked in Wrongful Death for Texas on
Q: What does loss of companionship mean, and who can claim it in a wrongful death lawsuit?
Gregory S Baumgartner
PREMIUM
Gregory S Baumgartner
answered on Dec 22, 2016

In Texas, the people who are proper wrongful death beneficiaries are the spouse, children and parents. Companionship legally in Texas is basically the love, affection and companionship one has lost and is determined on an individual basis.

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2 Answers | Asked in Wrongful Death for Texas on
Q: My dad had filed a personal injury lawsuit but then died due to the injuries he sustained from the same accident.

Can I file a wrongful death claim on his behalf or is the personal injury suit now moot?

Ronald A. Ramos
Ronald A. Ramos
answered on Nov 15, 2016

I'm sorry to hear about your loss. To address your question, claims are often brought on behalf of family members who have passed on. Texas law allows an estate, legal representative, or any heirs to bring a "survival action", or a lawsuit that would have been brought had the person... View More

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1 Answer | Asked in Wrongful Death for Texas on
Q: Both a doctor and a pharmacy didn't catch a drug interaction that killed a friend - who is at fault?
Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

Possibly neither but the family of your friend should contact a member of the Texas Assn for Justice--they give free consultations.

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for Texas on
Q: female-50, no other health problems, left her job for routine allergy shot, anaphylaxis, dies at MD office is Med Mal?

the doctor is a Board certified allergy specialist and the allergy shot was a shot build up immunotherapy

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

Can't be answered without knowing the shot, was doctor a specialist, etc. Certainly it merits investigation by consulting

a member of the Texas /Trial Lawyers Association who handles medical carelessness cases. They give free consultations, handle cases on a contingent fee.

1 Answer | Asked in Personal Injury, Car Accidents and Wrongful Death for Texas on
Q: If my husband passed and there could be a lawsuit, and his parents try to go behind my back can they do that?

Can they do it even though he was married to me?

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

In most states you are the person to handle the estate. They can't legally go "behind you." Suggest the best way is to get with a member of the Texas Trial Lawyers Association--they give free consultations.

1 Answer | Asked in Wrongful Death for Texas on
Q: Can a lawyer make more money than the six children in a wrongful death lawsuit?

Lawsuit is done, but lawyer not paying children. Think he spent the money. Fees keep going up, but the settlement is done in February.

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

Fee should be set by the fee agreement. The kids guardian should meet with the lawyer to find out, look at the file.The money should have been placed in escrow. Fees should not "go up" if it's settled--possible there are costs to the extent they were for items done before the... View More

1 Answer | Asked in Wrongful Death for Texas on
Q: In a wrongful death accident can u sue the insurance company for pain and suffering
Adam Studnicki
Adam Studnicki
answered on Dec 28, 2015

Generally speaking, wrongful death cases are usually brought against the person who caused the death and not the insurance company. The insurance company for the responsible party defends the lawsuit. In many states, wrongful death cases are based on the lost relationship -- essentially, the pain... View More

1 Answer | Asked in Wrongful Death for Texas on
Q: what legal specialty would handle wrongful death

My daughter died from a Methadone Overdose after receiving her daily dose of methadone from a methadone clinic in Austin, Tx. Are there not protocals in place to prevent a lethal dose? The police in Buda, Tx. where my daughter died show no interest in how my daughter received a lethal dose. Just... View More

Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

Sorry for your loss. A personal injury lawyer is the type of lawyer that would handle a wrongful death lawsuit.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work...
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1 Answer | Asked in Wrongful Death for Texas on
Q: Do I have a case for my dads death on a brown and root job sight in 1978.

Fell 70 feet

Adam Studnicki
Adam Studnicki
answered on Sep 5, 2015

A case that old might be barred by the statute of limitations, and, further, since it happened on the job then workers' compensation may apply. Talk to a TX injury and/or worker's comp lawyer ASAP to verify.

Please Take Notice: I am not your lawyer unless we enter into an...
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1 Answer | Asked in Wrongful Death for Texas on
Q: My brother died in jail my mother filed a wrongful death suit but was only railroaded can the siblings reopen the case?

The lawyers my mom hired worked against her instead of for her

Adam Studnicki
Adam Studnicki
answered on Aug 7, 2015

May be hard if case is settled and if she doesn't want to. Check with a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it...
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1 Answer | Asked in Wrongful Death for Texas on
Q: My father in law died suspiciously while incarcerated. ..who has the right to file wrongful death
Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Sorry for your loss. Each state has their own rules on who qualifies as a potential person to sue for wrongful death. For example, in AZ, it's parents, spouses and children. Talk to a TX injury lawyer ASAP to see if there is a viable claim. Remember there are strict deadlines for making... View More

1 Answer | Asked in Wrongful Death for Texas on
Q: Attorney fees for a wrongful death suit
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

some states, like indiana, have a provision for attorney fees in a wrongful death case. however most states do not and the fees and court costs come from the recovery usually as a percentage. you need to check with a lawyer in texas for the texas wrongful death law as it varies from state to... View More

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