Hillsboro Wrongful Death Attorneys
The pain of losing a loved one is emotionally devastating and leaves a hole that can never be fully filled. That pain can feel even greater when the loss is caused by someone else’s negligence, recklessness, or intentional actions. Families in Hillsboro must deal with the grieving process during this extremely trying time while also dealing with unforeseen financial obligations like funeral expenses, medical bills, and the loss of future household income.
At Scanes Yelverton Talbert, LLP, we provide sensitive and determined legal representation to families throughout Hillsboro and Hill County who are seeking justice through a wrongful death claim. We understand that no amount of financial compensation can bring back your family member, but a legal claim can provide the security your family needs to move forward and hold the responsible parties accountable for their actions.
What is a Wrongful Death Claim in Hillsboro?
A wrongful death is defined under Texas law as when one party's "wrongful act, neglect, carelessness, unskillfulness, or default" results in the death of another. In essence, the statutory beneficiaries of the deceased have the right to bring a wrongful death case if the deceased had been able to bring a personal injury claim had they lived.
These cases are handled in civil court, separate from any criminal proceedings the state may pursue against the responsible individual. While a criminal case focuses on punishment and jail time, a civil wrongful death claim focuses on compensating the survivors for their losses. Whether the tragedy occurred due to a high-speed collision on Interstate 35 or a workplace accident at a local industrial site, Scanes Yelverton Talbert, LLP is prepared to help you navigate the complexities of the Hill County legal system.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas statutes are very specific about who is eligible to file a wrongful death claim. Only certain immediate family members of the deceased have the legal standing to bring a lawsuit.
- Spouses: The surviving husband or wife of the deceased.
- Children: Both adult and minor children, including legally adopted children.
- Parents: The surviving parents of the deceased.
If none of these family members file a claim within three months of the death, the executor or administrator of the deceased person’s estate may file the claim unless specifically requested not to by all the beneficiaries listed above. Siblings, grandparents, and other extended family members are generally not permitted to file a wrongful death claim in Texas. If you have questions about your eligibility to seek justice for a loved one, you should contact Scanes Yelverton Talbert, LLP for a confidential case review.
Common Causes of Wrongful Death in Hill County
Hillsboro is a crossroads for major transit and industry, which, unfortunately, leads to a variety of fatal incidents. Our firm has experience investigating many types of fatal accidents, including:
Fatal Motor Vehicle and Trucking Accidents
The split of I-35 into I-35E and I-35W near Hillsboro is one of the busiest stretches of highway in Central Texas. Fatalities involving passenger cars, motorcycles, and 18-wheelers are tragically common in this area. These accidents are often caused by distracted driving, excessive speed, or by truck drivers who violate federal hours-of-service regulations.
Workplace and Industrial Fatalities
Hill County is home to a variety of manufacturing, construction, and agricultural operations. Fatalities can occur from falls from heights, malfunctions in heavy machinery, or toxic exposure. When an employer fails to maintain a safe work environment, they must be held liable for the consequences.
Premises Liability Incidents
Property owners in Hillsboro have a duty to keep their premises safe. Fatalities can result from negligent security, swimming pool accidents, or dangerous property conditions that lead to catastrophic falls.
Medical Malpractice
When healthcare professionals fail to provide the standard of care expected in their field, the results can be fatal. This includes surgical errors, misdiagnosis, and improper medication administration at local medical facilities.
Damages Recoverable in a Hillsboro Wrongful Death Case
The compensation sought in a wrongful death claim is intended to cover the losses suffered by the surviving family members. Scanes Yelverton Talbert, LLP works with financial experts to ensure that every aspect of your loss is accounted for in the claim.
Economic Damages
- Loss of Financial Support: This includes the wages and benefits the deceased would have earned and contributed to the family had they lived a full life.
- Loss of Inheritance: The value of the assets the deceased would have likely saved and left to their heirs.
- Medical Expenses: Any costs for medical care provided to the deceased between the time of the injury and the time of death.
- Funeral and Burial Costs: The expenses associated with laying your loved one to rest.
Non-Economic Damages
- Loss of Companionship and Society: This compensates family members for the loss of love, comfort, and companionship that the deceased provided.
- Emotional Anguish: The mental pain and suffering experienced by the survivors due to the sudden and tragic loss.
- Loss of Consortium: Compensation for the loss of the relationship between spouses.
- Loss of Advice and Counsel: The value of the guidance and training the deceased would have provided to their children or spouse.
Survival Actions vs. Wrongful Death Claims
It is important to understand that in Texas, there are two separate types of claims that can arise from a fatality. While a wrongful death claim compensates the family members for their personal losses, a "survival action" is brought on behalf of the deceased person’s estate.
A survival action allows the estate to recover damages that the deceased person suffered before they passed away, such as physical pain and suffering or medical bills incurred prior to death. The compensation recovered in a survival action is distributed to the estate and is distributed according to the deceased’s will or state intestacy laws. Scanes Yelverton Talbert, LLP handles both wrongful death and survival actions to ensure that every legal avenue for justice is explored.
The Importance of an Immediate Investigation
In a wrongful death case, the burden of proof lies with the family filing the claim. This means we must prove that the defendant’s negligence was the direct cause of the death. Evidence is most accessible in the days and weeks immediately following the tragedy.
When you contact Scanes Yelverton Talbert, LLP, we act quickly to:
- Secure police reports and autopsy results from Hill County officials.
- Preserve surveillance footage and digital data from commercial vehicles.
- Speak with witnesses who could have observed what happened.
- Work with accident reconstruction specialists to determine the exact sequence of events.
- Identify all potentially liable parties and insurance policies.
Insurance companies representing the negligent party will often begin their investigation within hours of a fatal accident. Their goal is to find reasons to deny liability or minimize the payout. Having a dedicated legal team in your corner from the start prevents the insurance company from taking advantage of your family during a vulnerable time.
Navigating the Statute of Limitations in Texas
The statute of limitations in Hillsboro for bringing a wrongful death lawsuit is normally two years from the death. The right to pursue justice in court is probably irrevocably gone if the claim is not submitted within this time range. Even though two years can seem like a long time, months of planning, expert consultation, and investigation are necessary, given the complexity of these cases. To ensure all deadlines are met, it is imperative that you contact Scanes Yelverton Talbert, LLP as soon as you are ready to discuss the issue.
Holding Negligent Parties Accountable in Hill County
A wrongful death lawsuit is not just about financial compensation; it is about accountability. Many families find a sense of closure in knowing that the party responsible for their loved one's death has been held legally responsible. In some cases, these lawsuits even lead to safety changes that prevent other Hillsboro families from suffering a similar loss.
Our firm is committed to the Hillsboro community. We take pride in standing up for families against large corporations, trucking fleets, and negligent individuals. We provide the high-level legal skills necessary to handle complex litigation while maintaining the personal touch and compassion that your family deserves during this grieving period.
Why Choose Scanes Yelverton Talbert, LLP?
When you are dealing with the loss of a family member, you need more than just a lawyer; you need a partner who will advocate for your best interests with integrity and skill.
- Trial Readiness: We prepare every case as if it is going to a jury in a Hill County court. This aggressive stance often leads to higher settlement offers because defendants know we are not afraid to litigate.
- Comprehensive Support: We handle the legal paperwork, the communication with insurance adjusters, and the coordination with experts so you can focus on your family.
- No Upfront Costs: We work on a basis that ensures everyone has access to justice regardless of their current financial situation.
- Local Insight: We understand the specific dynamics of the Hillsboro area, the local courts, and the risks present on our local roads and job sites.
Contact Scanes Yelverton Talbert, LLP Today
If you have lost a loved one due to the negligence of another in Hillsboro or the surrounding Hill County area, you do not have to face this journey alone. The legal team at Scanes Yelverton Talbert, LLP is here to provide the guidance, support, and advocacy you need to seek justice.
We offer free, confidential consultations where you can share your story and learn about your legal options in a safe and supportive environment. To begin holding the responsible parties accountable and securing your family's future, contact Scanes Yelverton Talbert, LLP today.
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“I would like to give a big thanks to the law firm myself and to Joel Shields who represented me on my case. All cases are different, yes indeed. But one thing for sure, they are dedicated to each one of them. I am forever grateful to them for their work and dedication. For that I’m back on my feet again!”
Dannj Herr
Client
