Handling South Texas Wrongful Death Claims and Lawsuits

Handling South Texas Wrongful Death Claims and Lawsuits

Wrongful Death Lawyer
The unexpected loss of a loved one is a heart-rending experience. Families not only are destabilized but thrust into chaos. This often creates financial hardship. Helping to put lives back together after a tragic event is a difficult but necessary process.personal injury lawyers - car accident attorneys

For those who have lost a family member through the fault of another party, the claim or lawsuit should be thoroughly presented. It will never be overlooked that, whatever compensation may be received, the pain of the loss will always be a part of those left behind.

The first step is to ease the financial burden caused by the sudden loss, if the deceased was the mayor financial contributor to the family.

South Texas Wrongful Death Lawsuits

The National Highway Traffic Safety Administration has stated that, in the past 15 years, tens of thousends Americans have lost their lives.
Serving the southwestern South Texas area for many years, our Attorneys know that the unexpected loss of a loved one is life’s most acute pain. When it is the result of the negligent or wrongful acts of another, the trauma is emotionally devastating.

Losing a parent, child or sibling destabilizes a family and often creates immediate financial hardship at a time when people are struggling with the changed reality around them. Putting lives back together after a tragic event is a delicate task.

What is a Wrongful Death Claim?

Wrongful death claims are those which involve a cause of action brought by certain family members of a decedent. The death must have been precipitated by the wrongful conduct of another. A wrongful act is one caused by conduct that was negligent, reckless or even intentional. It is irrelevant what the intention of the wrongdoer was at the time of the harmful event.

In South Texas, the surviving spouse shares in any recovery with the surviving children and others. The court will consider the full value of the life of the decedent, as well as their lifetime income and the value of their enjoyment of living. Beyond this, counsel for the administrator or executor of the decedent’s estate may also argue for the medical bills, as well as possible physical pain and mental suffering incurred before death.personal injury accident lawyer - wrongful death

The majority of all cases, including wrongful death cases, are settled prior to trial. Some will be settled before a lawsuit is even filed. Others will proceed through the entire litigation process, and settle just before the jury enters the courtroom.

These claims are always ultimately processed through Probate Court and are signed off by the judge or a magistrate.

Establishing a Wrongful Death Case

In order to prove a wrongful death lawsuit in South Texas, a few elements must be shown.

The death must have been the result of someone’s negligence.
A duty of reasonable care was violated.
The dependents left behind are suffering as a result of their loss.
Entitlements in a Wrongful Death lawsuit

The damages to be asked for in a wrongful death claim include those losses that the decedent and their family have suffered.

Loss of current earnings from the deceased family member
Loss of future earnings
Loss of prospective inheritance
Loss of consortium by the surviving spouse and children
Loss of household services
Physical pain and psychological suffering
Medical expenses
Death and funeral expenses

Preparing for the Wrongful Death Claim

Many wrongful death claims involve multiple statutes of limitation. These can make representation of these claims treacherous. An South Texas statute of limitations requires that a claim be filed, as a lawsuit action, within a designated timeframe. If this does not occur then all rights will be forever lost.

There even can be a separate statute of limitations for the conscious pain and suffering experienced by the decedent before they died. Observing time limits can be a real hardship, when the surviving family members experience clinical depression. Just processing through the grieving process is consuming for them. Having to protect their legal rights adds to their extreme stress and complication.

South Texas law requires that an executor or administrator bring the wrongful death claim, as representative of the family and heirs. Legal counsel will first have to open an estate in Probate Court. This will take place in the county in which the decedent resided. The Probate Court judge or magistrate will have full power to accept or reject the terms of any settlement offered by the insurance company of the person who caused the death.

The Probate Court will also dictate how the proceeds will be distributed among the next of kin and the heirs. This may well include those persons who did not have a particularly close relationship with the decedent. Usually family conflicts can be avoided if the administrator or executor is carefully guided by legal counsel. If all heirs and next of kin are included in the entire process, there is rarely a problem. Resentment and power dynamics can be avoided with kindness and sensitivity shown toward all prospective recipients of funds. More information here @ https://caraccidentattorneysa.com/

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Car Accident Lawyers South Texas

Car Accident Lawyers South Texas

San Antonio, Houston are one among the busiest areas not only of Texas but also of the entire USA. The number of cars driven here in San Antonio, Houston is mind blowing. It is also seen that this area has a quite high rate of auto accidents taking place- both minor and major injuries. Consider San Antonio, Houston auto accident attorney for the best auto accident compensation. personal injury lawyers - car accident attorneys

There are many reasons for auto accidents to happen. They can happen due to the wrong action of the injured driver, the wrong action of others or due to manufacturing defects. In the first case, when the accident happens as a result of the person who has been injured, then there is really no likelihood of receiving compensation. Any sufficiently qualified San Antonio, Houston auto accident attorney says the same. Maintain gap from the lawyer that makes BIG promises and does nothing.

In either of these auto accident cases- wrong action by someone else or due to manufacturing defect, there is greater chance of receiving compensation. However, holding back within the services of just any lawyer is not a good solution. Instead, consider approaching to selecting a lawyer.

Picking of a San Antonio, Houston auto accident attorney is best made by examining their credentials, experience and websites. Below are several informative links on lawyers and how to evaluate and examine them. While majority attorneys say they have handled many auto cases and hence, this is something you can trust. But still it needs further checking. Look at the website of the San Antonio, Houston auto accident lawyer you are thinking of hiring.
– Do they have a track record of accident recovery in auto accidents?
– Do they offer information about auto accident claims?
– Are they willing to share with you the secrets they have learned about auto accident recovery and give free advice?
– Do they offer free resources for you to use to help you while you are deciding to hire an attorney?

When evaluating a San Antonio, Houston auto accident attorney,
– Do you see their staff as assistive or helpful?
– Has the attorney written any books or articles on the subject of auto accidents?
– Is the office willing to offer you a free conversation without the pressure of hiring an attorney?

If your answer is NO, then look at the example links below.

San Antonio, Houston auto accident attorney will have a rich client list. Their profiles can be checked over the internet and with the state bar. There is another advantage with a specialized San Antonio, Houston auto accident lawyer, and that is they will have the resources to access all the required data and services you need related to the accident. For any lawyer to succeed, access to resources is very important. personal injury attorneys san antonio

Auto accidents not only cause physical trauma but psychological trauma too. It is not only the injured person who goes through the difficulties. It is the family that also goes also suffers through the process with you. For the financial and psychological security of you and your family, it is best to hire the professional services of a San Antonio, Houston auto accident attorney.

If you live in San Antonio, Houston Texas, then for the maximum compensation related to auto accidents, choose to contact our Law Firm
, some of the best San Antonio, Houston auto accident attorney.

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Why you need to hire an attorney for a traffic ticket.

Why you need to hire an attorney for a traffic ticket.

Most people who represent themselves in traffic court fall flat on their faces and lose “big time.” Or, they waste hours of time for little benefit. (like the poor sap who traveled from Maine to Hoboken N.J. to fight a parking ticket.) I see it every day and it saddens me. No offense to anyone, but quite simply, the average person has no clue about how the system works. People accept plea bargains which carry points. People negotiate with the wrong people! Speeding ticket attorney san antonio

Or, if someone is foolish enough to have a trial, they try to beat the cops with “clever questioning.” Or, even more pathetic, people say, “there is no way that I was going 90…” Against the polished testimony of a cop, this kind of court room antics leads to a guaranteed conviction. Remember, the cops are almost always believed in court. Those cops are in that court every day and they are on a first name basis with the court staff. When the cop walks in and the clerk says, “Hey Bobby, where yah eating lunch today?” then it is time to pack up and go home.

While we are on the topic, save your $14.95 and don’t buy those tempting “Beat your Speeding ticket” pamphlets available on the web. If you do order the pamphlet, make sure to order some mustard too, because mustard goes well with bologna.

Hire me and get a lawyer who knows the system.

Myth: He pulled me over because I have an Out of State plate.
Fact: If anything, out of state drivers are less affected by speeding tickets than in-state drivers. He stopped you because your speed caught his eye!

Myth: If the trooper is not wearing his hat, he is out of uniform and the ticket is invalid.
Fact: No such rule or law exists. Try this argument for a good laugh.

Myth: If the officer makes a mistake on the ticket, it will be dismissed.
Fact: In general, only material mistakes such as the highway, driver’s name, court name, direction of travel, or major discrepancies as to the description of the vehicle may disqualify a
ticket. Minor mistakes will be overlooked. Click here to see how we took advantage of a mistake on a 11 point speeding ticket.

Myth: If I pay a partial fine or an amount more than the fine, my case will stay open and the points will not get reported to the DMV.
Fact: If you pay too little, the court will suspend your license. If you pay too much, the court may or may not return the balance, and the ticket will be reported to the DMV.

Myth: If the cop doesn’t show up, the ticket dismissed.
Fact: In some upstate New York courts this is true, however in many upstate New York courts and in New York City the officer would have to not show up 2 or more times before it will be dismissed. In New Jersey, it is EXTREMELY rare for the officer not to show up; even if he fails to appear, the matter will likely be rescheduled to allow him a second chance.

Myth: You start with points and you lose points if you are convicted of a violation.
Fact: You start with zero points and you have points added to your license if you are convicted of any violation which carries points.

Myth: Taking a defensive driver course will reduce or eliminate your Driver Responsibility Assessments in NY
Fact: Taking a Defensive Driver Course will reduce your point count in NY, but it has no affect on your DRA.

Myth: One can plea bargain in New York City 5 boros traffic courts.
Fact: Absolutely no plea bargaining is allowed in the Traffic Violations Bureau. This has been the rule since 1968! Click for more info about this dreaded court system.

Myth: If you push off the ticket 18 months, you won’t get points.
Fact: It is correct that 18 months after the violation date, the points are no longer counted towards your total. HOWEVER, for 4 years after the conviction date, the conviction appears on your record and the insurance company will see it.

In short, the insruance company has their own point system for surcharges.

Example #1 (18 months after the violation date, the points disappear): 1st 6 point ticket is received January 1, 2008, 2nd 6 point ticket is received July 2, 2009 that equals 12 points and suspension, right? WRONG, the 6 points for the first violation disappeared on July, 1, 2009

Example #2 (18 months after the violation date, the points disappear): 1st 6 point ticket is received January 1, 2008, conviction is entered January 2, 2011 2nd 6 point ticket is received January 1, 2009 conviction is entered January 2, 2012 that equals 12 points and suspension, right? CORRECT, the motorist would have 12 points, even if the convictions happened long after each other, the DMV goes back to WHEN YOU RECEIVED THE TICKET.

Example #3 (4 years after the conviction date, the conviction disappears): 1st 6 point ticket is received January 1, 2008, and conviction is entered on Janauary 2, 2010 2nd 6 point ticket is received June 2, 2009 and conviction is entered on June 2, 2011 as of June 2, 2011, how many speeding tickets appear on the record that the Insurance company sees? the answer is: Both appear. License is suspended if 11 points are added to record for violations occurring within an 18 months period. Determination is made based on VIOLATION date, not conviction date.
More Information here:

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Personal Injury

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