Schertz Wrongful Death Lawyer

An unexpected death is one of the most devastating events that a family may go through. If you have lost a loved one because of another party’s carelessness or malice, you and your family could bring a wrongful death lawsuit to hold the negligent party accountable.

While a wrongful death action cannot turn back the clock, a successful lawsuit could provide you and your family with a financial award that helps you move forward. If the lost loved one was the main provider of your household, these payments could help you address any lost wages.

In this situation, it is vital to consult a local attorney as soon as possible. A Schertz wrongful death lawyer could explain whether a lawsuit is an option in your case and, if so, serve as your legal advocate every step of the way. Contact Ryan Orsatti Law today to discuss your claim with a dedicated attorney.

Incidents That Could Lead to a Wrongful Death

Numerous events could lead to liability in a wrongful death action. Families often file these lawsuits after fatal car accidents. Some other situations that might justify a wrongful death lawsuit include the following:

  • Crimes such as shootings or beatings that lead to death
  • Drownings
  • Deaths in building fires (if someone’s negligence or intentional act caused the fire)
  • Fatal workplace accidents
  • Deaths due to burns or exposure to toxic substances
  • Building collapses

Almost any premature death that resulted from another party’s wrongful act or lack of caution could serve as the basis of a lawsuit.

When a bereaved family consults a Schertz attorney, the legal professional will review the circumstances of the loved one’s wrongful death. If they find evidence that another’s actions or failure to act caused the death, the family could bring a wrongful death lawsuit against the culpable party.

Civil Versus Criminal Actions

Unfortunately, many fatal accidents result from criminal activity. Shootings, stabbings, and beatings are obvious examples, but sometimes people face criminal charges after fatal car accidents, arson fires, and other events. If a prosecutor brings charges, they will pursue the wrongdoer in criminal court. Jail, probation, and community service are the typical penalties if the wrongdoer is convicted of a crime.

A family brings a wrongful death lawsuit in civil court. Texas Civil Practice and Remedies Code §71.002 states that a party could be civilly liable for someone’s death if it resulted from the party’s negligence, lack of skill, carelessness, or wrongful act. Civil liability means they must pay money to compensate for their actions or inaction. Although criminal acts that cause death could be the subject of a wrongful death lawsuit, a party could be civilly liable even if no crime occurred.

In a wrongful death lawsuit, a Schertz attorney must prove it is more likely than not that the defendant caused the decedent’s death. This is often an easier standard to meet than the reasonable doubt standard a prosecutor must meet in criminal court. A family could be successful in a wrongful death lawsuit even if the defendant was acquitted in criminal court.

Why Bring a Wrongful Death Action?

Wrongful death lawsuits force the parties that caused a loved one’s death to be accountable for their actions. A wrongful death lawsuit might deter them and others from similar conduct that could harm other people. The money a family receives from a wrongful death action could ensure the family can remain in their home, provide for children’s education, and keep the loved one’s dreams for their family alive.

The bills keep coming after a loved one dies. If they were the main provider of a household, the financial strain could be enormous. The damages from a wrongful death lawsuit could include the:

  • Wages the decedent would have earned if they lived to retirement age
  • Value of the decedent’s household services like childcare or yardwork
  • Lost inheritance, which is the money the decedent would have saved and left to their family if they had lived their expected lifespan

A family could also claim money to acknowledge their emotional pain and the loss of their loved one’s support, guidance, companionship, and love.

In most cases, the decedent’s widowed spouse and children benefit from the proceeds of a wrongful death lawsuit. If the decedent was single and had no children, the parents could bring the action and recover the proceeds. In either situation, a diligent Schertz attorney is here to help grieving family members pursue a wrongful death action on behalf of their lost loved one.

Speak With a Schertz Wrongful Death Attorney Today

When you are grieving the loss of a loved one, bringing a court case might seem overwhelming. However, this may be your only opportunity to relieve any financial pressures caused by the wrongful death.

No family should have to go through this. Speak with a Schertz wrongful death lawyer from our firm if your loved one passed away because of someone else’s carelessness, recklessness, or maliciousness. At Ryan Orsatti Law, we will fight tirelessly to pursue justice on your loved one’s behalf. Call our team today to discover your legal options.

Ryan Orsatti Law

Ryan Orsatti Law
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