Traumatic Injury & Wrongful Death:
What is a Wrongful Death or Survival Claim?
Texas law permits a deceased person’s survivors (spouse, children and parents) to file a lawsuit if the person died as a result of someone else’s wrongful act, whether intentional or accidental. The survivors (called “wrongful death beneficiaries”) can recover for the loss of companionship, any loss of economic support, and mental anguish suffered as a result of the death. The estate of the deceased person can also recover for the pain, suffering and mental anguish suffered by the decease prior to death. If a person survived in pain prior to death, this can be a significant part of any recovery. This is called a “survival action.” It is important to pursue these rights, particularly when the deceased left a dependent spouse or children behind.
What type of injuries are considered “serious” injuries?
Moravcik Threadgill and Starry do not handle trivial cases. Only serious injuries merit the type of attention and effort given by our attorneys. Since we fund the cases at no cost to you, and only get paid if we recover money for you, we chose cases that justify hard work. Apart for an injury which causes death, a “serious” injury is considered one that causes permanent loss of or limitation of a limb, body organ, or system, disfigurement, scarring, a fracture, the loss of a fetus, and any permanent injury that prevents you from performing your usual daily activities. This can include brain injuries, spinal injuries, knee and ankle injuries, damage to internal organs and their function, or any injury that permanently affects your physical or mental abilities. It is vital that a person who believes they have been injured by the negligence of another, seek legal advice.
A Sensitive Understanding of Your Needs
Families burdened with the loss of a loved one are usually not in a position to evaluate or even consider their legal rights. They are usually preoccupied by the more important concerns of family and friends in time of need. Attorneys must be sensitive to the needs of clients and their loved ones in such difficult times. Stuart Starry is a caring, sensitive attorney who will respect the privacy and dignity of families forced to deal with an untimely death. Once adequate time has passed, Mr. Starry will consult with potential clients at their convenience.
An Aggressive Pursuit of Your Rights
Because a death case is always a very serious matter, Mr. Starry will pursue the case aggressively. Death cases usually merit a significant investment of time and resources on the part of the handling attorney and his staff. These types of cases should not be entrusted to attorneys who have a “volume” practice of smaller cases. Mr. Starry is selective in injury and death cases, allowing him to devote sufficient time and resources.
All personal injury and death cases are handled on a contingent fee basis. Fee percentages are negotiable, depending on facts, but they typically fall in the 33% to 40% range. Certain death cases may be handled at a 25% fee if circumstances warrant. All expenses are advanced by the firm, and the client pays only out of the recovery. If there is no recovery, the client pays nothing.
If you have a serious injury or death case, please contact us as soon as possible by e-mail, telephone, or letter. If you send an e-mail, describe only the basic facts. Do not transmit any information you consider confidential.
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