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Texas Wrongful Death Questions & Answers
1 Answer | Asked in Estate Planning and Wrongful Death for Texas on
Q: Show my common-law husband just passed away the apartments he lives at is refusing to allow us to get all his things or

We are common law married we do not have a marriage license but we have six years of tax returns where he claims me as his wife and our two children so what did Nick go to me and my children instead of allowing them to put it in Probate is it legal for them to put it in Probate instead of giving it... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 10, 2020

If this is an heirship proceeding (meaning there was no Will), you can contest it. You will have to prove your marriage.

1 Answer | Asked in Personal Injury, Workers' Compensation and Wrongful Death for Texas on
Q: My father has me as next of kin on his paperwork and all his things I’m beneficiary his job contacted sum1 else

His job contacted someone else and the hospital released his body to someone else and gave his property to some else ohh they found some random person on Facebook with his last name

Tim Akpinar
Tim Akpinar answered on Apr 17, 2020

I'm very sorry for your loss, and the way it was further compounded by the handling of this matter. It looks like the person who could best help you clear things up before they get further out of hand with your father's property being improperly distributed to strangers would be a Texas... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for Texas on
Q: She was not my real mother switch at birth but it a mess

I was lyed to for years about who I really am there only a marriage license that I have to and remember giving birth to four kids and the other I dont but have flash back

Tim Akpinar
Tim Akpinar answered on Apr 13, 2020

I'm sorry for your rough situation. A Texas attorney would be able to advise best, but your post remains open for a week. This could be the type of thing that eats up money in investigating, with no guaranteed results - maybe you could see if the Texas Health & Human Services Vital... Read more »

2 Answers | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Texas on
Q: Is a person liable for anything if they give a known alcoholic a car and they kill someone?

Person has been to rehab and sober houses 30 plus times that i know of.

John Wesley Urquhart
John Wesley Urquhart answered on Mar 3, 2020

Not necessarily just because the driver is a known alcoholic, but whether the driver is known to the owner of the vehicle as an incompetent or reckless driver and there is a record to prove it. Of course alcohol could play a big part of that, but it's a case by case fact intensive analysis. I... Read more »

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1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Q: Can someone who is out on bond and is the aggressor shoot and kill someone without a weapon and claim self defense?

Self defense?

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 9, 2020

The law of self-defense is very technical and fact-specific so it is not possible to give accurate answers to general questions. Reasonable attorneys can disagree even after reviewing the same evidence and interviewing the same witnesses. However, reasonable doubt on the matter means the... Read more »

2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: I am POA for senior parents. What is the liability for them & me if they get in an auto accident?

Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 27, 2020

You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.

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1 Answer | Asked in Wrongful Death for Texas on
Q: In Texas when the police are notified of a deceased person, whose responsibility is it to notify the next of kin?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

I'm confused on your question because I don't understand how the police were notified of the deceased person. If the police discover a deceased person then they will usually work to notify the next of kin.

2 Answers | Asked in Wrongful Death for Texas on
Q: A friends son was killed when a vehicle made a uturn right in front of him.

First report shows drugs in her system.Second report shows none. Case was dropped. How can father pursue this?Seems to be a coverup.

Robert C. Slim
Robert C. Slim answered on Nov 27, 2019

Your friend needs to contact a personal injury attorney right away. This is far too serious of a situation to delay seeking legal advice. The consultation would be totally free. There is no reason not to take advantage of a free consultation.

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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... 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...
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... 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... 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.

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