Marshall Wrongful Death Lawyer

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Expert Wrongful Death Attorney in Marshall, TX

A wrongful death is an unimaginable tragedy and injustice that can leave family members seeking answers and accountability. Whether your loved one was killed in a vehicle collision, fatally injured due to medical malpractice, or died for another reason, working with a skilled Marshall wrongful death lawyer can help you hold the negligent party accountable for the harm they caused. With legal support, justice can come in the form of fair compensation.

Dedicated Legal Support for Remaining Family Members in Marshall

Aggressive Legal Counsel for Accident Victims in Harrison County, TX

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When family members in Marshall seek justice and accountability for a wrongful death, they trust The Law Office of Josh B. Maness to guide them through the legal process. I opened my law firm in 2008 after working for the DA’s office in Marshall and previously defending insurance companies. Now, I focus on representing those who have been wrongfully harmed due to someone else’s negligence or wrongful acts.

When you are represented by my firm, you work directly with me, not an associate or support staff member. My extensive experience includes more than 125 jury trials where I represented clients as first-chair lead counsel. By being deliberate and selective about accepting cases, I can make sure that our office allocates the time and resources each case needs.

Common Causes of Wrongful Death Claims in Texas

Wrongful deaths in Jasper Heights or along East End Boulevard South can happen for a number of reasons, although some are more common than others. Given the high volume of cars and trucks that pass through Marshall, car collisions are a common cause of preventable deaths in the area.  In 2024, 4,150 people were killed in motor vehicle traffic crashes in Texas, and negligent drivers can be held liable for causing fatal collisions.

Medical malpractice can also cause fatal injuries, often through surgical errors or a misdiagnosis. About 12 million U.S. adults experience a diagnostic error each year, and the Agency for Health Care Research and Quality (AHRQ) says these errors may contribute to as many as 80,000 deaths annually.

In a city with a violent crime rate of 5.933 per 1,000 residents, wrongful deaths can also result from assaults and homicide. Harrison County Main Jail is typically where suspects are transported after committing a violent offense.

Wrongful deaths can be caused in other manners too. These include:

  • Workplace accidents
  • Defective products
  • Premises liability
  • Nursing home neglect and abuse
  • Aviation, boating, and other transportation accidents
  • Toxic exposure

Who Can File a Wrongful Death Claim in Texas?

Under Texas Civil Practice and Remedies Code § 71.004, a wrongful death claim is for the exclusive benefit of the deceased person’s surviving spouse, children, and parents. One or more of these family members may bring the claim for the benefit of all eligible beneficiaries. If none of them files within three months of the death, the representative of the estate generally must bring the action unless it is requested otherwise by all eligible beneficiaries.

Wrongful death cases arising in Marshall, TX may be filed in the appropriate court at the Harrison County Courthouse, located at 200 W. Houston Street. Public street parking is available in the surrounding downtown area, and a public parking lot is located on Bowie Street near the federal courthouse.

Establishing Fault in a Wrongful Death Claim

Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death claim may arise when an injury causing death results from another party’s wrongful act, neglect, carelessness, unskillfulness, or default. Establishing fault requires evidence connecting the responsible party’s conduct to your loved one’s death. Evidence may include:

  • Accident reports
  • Medical records
  • Photographs
  • Video footage
  • Witness statements
  • Employment records
  • Testimony

More than one party may share responsibility, particularly in commercial vehicle crashes and workplace accidents. I can investigate the events leading to your loved one’s death, preserve critical evidence, identify the responsible parties, and build a case demonstrating how their actions caused your family’s loss.

Compensation Available in a Texas Wrongful Death Claim

A wrongful death can cause profound personal loss while placing significant financial strain on remaining family members. Under Texas Civil Practice and Remedies Code § 71.010, a jury may award damages proportionate to the injuries resulting from the death and divide the award among eligible living family members.

Recoverable damages may include lost earning capacity, lost support and care, lost inheritance, mental anguish, and the loss of companionship. Texas law also permits exemplary damages when a death results from a willful act or omission or gross negligence. I can document the financial and personal losses your family has suffered and pursue compensation that reflects the full impact of your loved one’s death.

Why You Should Hire a Wrongful Death Lawyer

If your family suffered a wrongful death, your first step should be to hire a wrongful death lawyer who understands the wrongful death laws in Texas and how to carefully manage a wrongful death claim. A wrongful death claim requires timely filings, compelling evidence, and sound legal arguments.

When you partner with a trusted Marshall wrongful death attorney, you benefit from their many years of experience and knowledge of the state’s wrongful death laws. During an unimaginably challenging period in your life, having strong legal support can make a meaningful difference in the outcome of your claim.

Don't Let Those at Fault Slip Through the Cracks

Reach out now to get the justice you deserve.

Has Your Family Suffered a Wrongful Death? Contact The Law Office of Josh B. Maness Today

A wrongful death can wreck your life and seriously harm your financial stability. As a member of the American Board of Trial Advocates (ABOTA), I have demonstrated the courtroom experience necessary to handle serious and complex cases. I prepare cases with the understanding that they may ultimately go to trial. When needed, I partner with larger firms to give my clients the support they need.

If your family has lost a loved one because of someone else’s negligence or wrongful acts, I am ready to listen to your story and discuss your legal options. Contact The Law Office of Josh B. Maness today to schedule a free consultation with an experienced lawyer.

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