• Home
  • Author: admin

Wrongful Death – Personal Injury Law

One of the most tragic news a family can receive is that of a loved one passing away under circumstances that can be categorized as wrongful death. A wrongful death occurs when an individual suffers personal injuries or an illness either due to the neglect of a person or party or when circumstances for the individual’s death are proven to have been caused by the actions or the inaction of a person or party. Wrongful death claims are civil lawsuits that result in monetary compensation for the spouse, children, family, or beneficiary of the victim. Traffic accidents make up a large percentage of wrongful deaths, especially on the highway. The Department of Justice (DOJ) reports that 90% of medical malpractice lawsuits involve the wrongful death of an individual. Workplace accidents and slip and falls are two of the main type of accidents that cause wrongful deaths.wrongful death law

If someone you know has died from personal injuries due to the neglect of others, please contact our Wrongful Death Lawyers today.

Wrongful Death Accidents

As mentioned above, motor vehicles accidents and workplace accidents are two of the ways many people receive personal injuries that result in wrongful deaths. Every year, there are more than 1,000 deaths in the country on construction accidents, making construction one of the most dangerous occupations in the United States.

According to the National Highway Traffic Safety Administration, more than 73,000 car accidents occurred in our city in 2017. Roughly 260personal injury lawyers victims of serious traffic accidents received fatal injuries with more than 140 being pedestrians minding their own business. While not all car accident fatalities are wrongful deaths, a large percentage them can be classified as such due to the willful neglect of the other driver. Erratic driving, DUI, and speeding are chief causes of wrongful deaths from car accidents and those responsible for displaying such irresponsible behaviors can be held liable for their actions in civil court.

Violence and medical malpractice are two other common ways wrongful deaths occur in . When someone commits a violent act against another that results in the wrongful death of a victim, both criminal charges and civil litigation can be sought. More than 7,000 people in die every year as a result of injury, according to the Department of Health.
It is important to remember that wrongful death claims in civil court are primarily pecuniary. That is to say, if the individual is found responsible for the wrongful death, he/she must compensate the victim’s family, spouse, or children with the amount ordered by the court.

Common types of accidents resulting in wrongful deaths in include:

Statute of Limitations

The statute of limitations for a wrongful death claim is two years. A lawsuit cannot be brought to civil court for a wrongful death claim if the decedent has died two year’s prior to the claim. However, there are certain exceptions to the two-year limitation, including if new information has come to light that has altered the details of the decedent’s death to prove the wrongful death has occurred.

Getting Legal Help

Wrongful death claims can be a difficult ordeal for a family to endure. However, they are often necessary so as to ensure the family of the victim does not bear the full financial burden of the loss of a primary caregiver and loved one. Holding those responsible for the wrongful death through pecuniary compensation can relieve some of the burden. If someone you know has died from personal injuries due to the neglect of others, please contact our Wrongful Death Lawyers today.

Construction Law Representation

Beginning with the early years of J. Caleb Rackley’s legal career, construction law has been a primary focus of his practice.

Rackley Law Firm provides construction law counsel for owners and developers, general contractors, project managers, design professionals, subcontractors, material and equipment suppliers, sureties, insurance companies, and lenders across the industry spectrum, from commercial to residential, regarding matters such as:

  • Construction planning
  • Contract review
  • Transactional representation
  • Litigation
  • Breach of contract
  • Builder and homeowner disputes
  • Commercial and residential construction defects
  • Contractor disputes
  • Construction contract drafting and negotiation
  • Defaults
  • Mechanics’ liens and bond claims
  • Mold claims
  • Payment and nonpayment issues
  • Post-construction issues
  • Residential Construction Liability Act (RCLA)
  • Subcontractor disputes
  • Wrongful termination
  • Texas Residential Construction Commission (TRCC)

Years Of Experience And A Track Record Of Results Have Equipped Trial Lawyer J. Caleb Rackley To Protect Your Rights
You may be a builder who has been sued by a consumer because of a project delay. You may be a property owner preparing to sue a remodeler or builder over a home or landscaping defect, or a contract or performance issue. Did a builder or remodeling contractor fail to deliver what that person or entity promised? Is your foundation shifting, causing unsightly cracks in your walls? Do you need to file a mechanics’ lien, or is someone threatening to file a mechanics’ lien against you? Do you need advice or representation with construction litigation or any construction law issue? With ample experience on all sides of construction law disputes, transactions and planning,construction law attorney J. Caleb Rackley is well-equipped to provide knowledgeable advice and advocacy needed to resolve the problem while protecting your best interests.

Who And What
In litigation, the firm tends to represent clients falling into one of two categories:

Commercial entities as defendants
Residential property owners as plaintiffs
“I wouldn’t use any other lawyer in Texas. Caleb and his staff are exceptional – caring, efficient, and effective.” — Margaret F. (actual construction law client)

Whatever the issue and whatever your role in the matter, Rackley Law Firm will work hard to pursue a resolution that puts your long-term advantage as the focal point.

Business Startups, Operations And More

Starting a new business is a hopeful venture. Once you have identified the product you want to manufacture or buy wholesale and resell or the services you want to contract out, putting a sound business structure in place will allow you more opportunities to do what you do best: produce, resell or perform a service.

Entity Selection And Formation

Deciding on the right entity is critical. Will you form a sole proprietorship, a partnership or a corporation? Talk to business law attorney J. Caleb Rackleyin Helotes to explore your options, weigh the pros and cons and prepare to move forward with your business plan.

Operating Procedures

If you and a partner or shareholders are going to enter into an operational agreement and get the business well underway, you need to know what that agreement will include and how to protect your interests. Rackley Law Firm has provided that type of guidance to many successful business owners and managers throughout the San Antonio area and beyond.

Nuts And Bolts

Schedule a consultation designed to let you walk out with an action plan and timeline ready to fulfill through all phases, including:

  • Entity formation
  • Registration with the secretary of state
  • Putting processes in place for compliance with taxation laws related to sales tax, income tax, payroll tax deductions and more
  • Obtaining necessary licenses and permits
  • Understanding and implementing employment law and workplace safety law requirements
  • Obtaining business financing
  • Filling key leadership roles, such as managers and directors
  • Prepare for interactions with investors
  • Prepare for marketing and delivery of goods or services
  • Prepare to carry out business transactions, including drafting, reviewing and fulfilling your commitments spelled out in contracts
  • Have a plan in place to address disputes that arise with consumers, with other businesses or internally with employees or officers

“Very professional and friendly. Explained everything in terms we understood clearly. Would gladly recommend for any legal advice.” — Norman P. (actual client)

Business Law Attorney J. Caleb Rackley Is Here To Advise You