Written on February 1, 2016
By Ronald Stewart
Texas Wrongful Death Law : What makes a death a wrongful death?
A wrongful death lawsuit can be filed by some surviving family members or beneficiaries when a victim is killed due to another person’s negligence. The laws surrounding these accidents are part of the Texas wrongful death statute. The Texas wrongful death law firm is here to help you understand wrongful death claims. In order for a wrongful death lawsuit to be filed, four conditions must be met:The defendant must be the proximate cause leading to the victim’s deathThe defendant must have been careless or negligent with the victim’s well-being, either knowingly or unknowingly. Monetary loss must have been sustained by the plaintiff. There must be some surviving family member, dependent, or beneficiary to receive compensation for the victim’s death
There are some additional limitations on when a wrongful death claim can be filed and who can file it. For instance, a wrongful death claim must (in most cases) be filed within two years of the victim’s death. Some family members cannot file a wrongful death claim, such as aunts or uncles. There are also limits on how much money can be recovered in some lawsuits.
When calculating damages for a wrongful death claim, there are two types that must be considered: compensatory damages and punitive damages. Compensatory damages are meant to compensate surviving family members for the loss of their loved one. These damages can include medical and funeral expenses, lost future income, and mental or emotional anguish. Punitive damages, on the other hand, are designed as punishment for the defendant’s negligence and they are awarded at a judge’s discretion.
As you can see, wrongful death lawsuits are very complex. Without the help of an experienced Texas wrongful death law attorney, you may have difficulty securing an adequate settlement. But our offices have been helping families file wrongful death claims for twenty years and we know how to overcome the many difficulties you will likely face in this lawsuit. If you have lost a family member to someone else’s negligence, contact the Texas wrongful death lawsuit settlement lawyers at our firm and get the compensation you deserve. Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construciton Accidents – Boating Accidents – Premises Liability
Written on November 10, 2015
By Ronald Stewart
in Local News
In Louisiana, two officers were detained as they were involved in the death of a six year old boy. The boy was autistic, and he was killed in a shooting. Even the father of the boy was wounded as the marshals fired their vehicle on Tuesday night. The incident took place in Marksville and Col. Mike Edmonson revealed a few details about this shooting on Friday. As per the body camera footage recovered from the officers, he stated that it is the most disturbing incident that he has seen.
The six year old was shot and killed. Also, his father, Chris Few was injured as the officers released fire on their vehicle. This was done as Few was fleeing from the officers. As per the Louisiana State Police, the officers have used two different guns for 18 rounds of fire. The two officers who are detained are Derrick Stafford and Norris Greenhouse Jr. They are booked on the charges of attempted second degree murder and second degree murder as well in the shooting.
The state’s police are investigating the shooting that took place on Tuesday night from the start. It was stated by Edmonson that there was no weapon in Few’s vehicle. They are combing through the 911 calls, forensics evidence, analysis of the body camera footage and conducting interviews. The reason for the shooting remains unclear, he stated.
Earlier, Avoyelles Parish coroner stated that the officers were handing a warrant on Few, but Edmonson claims that he had no idea of the warrant. Morris German, the stepfather of Few, has accused the marshals. He claimed that they had opened fire indiscriminately on the vehicle. He stated that Few was sedated heavily, and he is unable to talk. The bullet fragments have been lodged in his lung and brain, he claimed.
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Written on October 23, 2015
By Ronald Stewart
in Local News
In a horrifying incident, the prosecutors described the way three children who were trapped in the rear seat of their mother’s car drowned in 4.5 feet of water in a lake in Illinois. Their mother, Amanda Hamm and her boyfriend had escaped unharmed.
She was condemned of child endangerment, and she had served five years of imprisonment for watching him plot a plan to drown her children of six years, 3 years and 23 months of age in 2003 as they interfered the couple’s relationship, and his lifestyle. He was condemned for first degree murder, and he is imprisoned for life.
Now, in a twist, Amanda and her new husband are demanding the custody of their three children of five years, three years and 1.5 years of age. She gave birth to them after she served her five-year sentence. The child protection authorities took their custody in the last year as one of the doctors recognized Ware as Hamm.
As per a legal concept, “anticipatory neglect”, the court need not wait until a child is in danger. It can intervene before the child is harmed. Also, the parents cannot be claimed ineligible for the custody just because of their past. They need to prove that they are capable.
The prosecutors as well as child protection authorities state that though the children were not physically harmed, there is evidence of abuse and neglect. There is domestic violence by the couple, substance abuse, and mental illness of Amanda Ware for which she has not taken the necessary treatment. These are claimed to create a dangerous environment for the children.
However, the attorneys representing Amanda and Leo Ware state that the children showed no symptoms of abuse and they are healthy. Earlier, it was claimed that the deaths were due to an accident, and that they both Amanda and her boyfriend tried to get the kids out, but they could not.
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