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Texas Wrongful Death Questions & Answers
1 Answer | Asked in Car Accidents and Wrongful Death for Texas on
Q: How can I find about out of court settlement on a wrongful death case that happened thirty years ago?

we need to get hold of the case file on a thirty year old out of court settlement on a wrongful death case. All I have is the name of the deceased. Could someone please point me in the right direction as to where I start? hank you.

Tim Akpinar
Tim Akpinar answered on Sep 8, 2019

That's going back quite a way. A Texas attorney is really the one who would know about navigation through the Texas court system in terms of retrieving records. But your question remains open for a month. As a general practice in most unified court systems, one could check if any records come up... Read more »

2 Answers | Asked in Car Accidents, Consumer Law, Libel & Slander and Wrongful Death for Texas on
Q: Where and how could I find the copy of a thirty year old out of court settlement resulting from a wrongful death case?

Almost thirty years ago, my husband died in a car accident in which I was badly hurt too. A wrongful death case was brought against the party responsible and eventually settled out of court. Now, the brothers of my deceased husband have filed a criminal case in another country against myself,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2019

if it was an estate then the estate would have been set up in the county where it happened. That would have shown if there were heirs.

In most states, and I believe in Texas, the spouse gets everything unless there are children. Brothers get zero. That's if there is no will. Even if there...
Read more »

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2 Answers | Asked in Criminal Law and Wrongful Death for Texas on
Q: If my brother was killed by a cop in his own back yard. What if anything can I do?
Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 27, 2019

Without more facts and details this question can not be answered with any full legal analysis. If you believe it was a violation of his civil rights then you should consult a lawyer as soon as possible. Good luck and sorry for your loss.

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1 Answer | Asked in Criminal Law, Car Accidents and Wrongful Death for Texas on
Q: . The family is looking for help to get his murderer(s) brought to justice. What can we do? She also is his beneficiary

We believe my brother in law was murdered. Our local cops had him have done a horrible job and now haven't even tried to arrest the woman who at least fled the scene of the crime. They want to give the woman 2 to 10 yrs and if it murder it should be a higher charge and way longer sentence. She is... Read more »

Grant St Julian III
Grant St Julian III answered on Feb 7, 2019

If a beneficiary on a life insurance policy is found guilty of murder of the insured, she/he will not receive the proceeds of the policy. You will have to talk with the DA assigned to the case regarding prosecution. Sorry for your loss.

4 Answers | Asked in Car Accidents and Wrongful Death for Texas on
Q: Would I be able to sue for wrongful death? My mother was the passenger in a car accident.
Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 23, 2018

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... Read more »

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1 Answer | Asked in Estate Planning, Personal Injury, Nursing Home Abuse and Wrongful Death for Texas on
Q: My father died in the nursing home in Iowa due to my uncle's negligence
Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 19, 2018

You would need to contact an Iowa attorney.

2 Answers | Asked in Wrongful Death for Texas on
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

is incarcerated preclude a lawsuit?

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 4, 2018

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.

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9 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Texas on
Q: My son was killed by a semitruck driver who was on the job when he ran a stoplight. Do I sue the driver, the truck's

owner, or the truck company the driver worked for? Can I sue all three?

Gregory S Baumgartner
Gregory S Baumgartner answered on Oct 29, 2018

Proper defendants usually are the truck driver and the trucking company. Others can be a potential defendant, depending on the facts, like the maintenance company (if the truck is improperly maintained) or the leasing company in some circumstances. I am sorry for your loss.

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1 Answer | Asked in Criminal Law, Medical Malpractice and Wrongful Death for Texas on
Q: my sister recently overdosed on pain medications she got from a new doctor. national data base wasn't used to stop her
Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

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.

1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Texas on
Q: Where can I find a database of cases associated with 2013 Camaro RS crashes?
Tim Akpinar
Tim Akpinar answered on Sep 13, 2018

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.... Read more »

1 Answer | Asked in Wrongful Death for Texas on
Q: If there is a cap for med mal cases, is there a cap for wrongful death?
Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2018

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.

1 Answer | Asked in Wrongful Death for Texas on
Q: Who exactly can file a wrongful death lawsuit in Texas?
Gregory S Baumgartner
Gregory S Baumgartner answered on Jun 23, 2018

In Texas, wrongful death claimants are limited to parents, spouses and children. See CHAPTER 71. WRONGFUL DEATH, Texas Civil Practices and Remedies Code.

1 Answer | Asked in Wrongful Death for Texas on
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?
Kim Jones Penepacker
Kim Jones Penepacker answered on Jun 21, 2018

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... Read more »

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.

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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.

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