The most devastating thing that a person can experience is losing a loved one to an accident that ends up being fatal. No amount of compensation can bring them back, but a wrongful death lawsuit can help recover compensation and put the wrongdoer to blame. If you believe getting justice for such deaths in Texas may make you question the course of action, this article will take you through the stages and enlighten you on how a Texas wrongful death lawyer will help your family seek justice.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit generally means a lawsuit filed by surviving family members of a deceased person against the party whose negligence or misconduct caused the death of their loved one. This may be because of a fatal car accident, a catastrophic injury, medical malpractice, or even an act committed on purpose. In Texas, a lawsuit may be filed to help compensate for lost income, emotional suffering, and funeral expenses.
Why You Need a Fatal Accident Lawyer
The legal procedure that follows the death of a loved one can sometimes be overwhelming, as your mind is elsewhere. A fatal accident lawyer will guide you through the technicalities of a wrongful death claim; he or she ensures that all legal requirements are observed and that a case for damages is well-founded. Without the expertise and art of a good lawyer, your chances of securing fair compensation could be drastically lowered.
Signs You Need to File a Wrongful Death Lawsuit
You may be uncertain if a wrongful death lawsuit is the proper direction to take for your family. Let’s take a look at some of the common scenarios where filing a claim is necessary:
- Death Caused by Negligence
If your loved one died through someone else’s negligence, whether it be through a car crash, product defect, or unsafe working conditions, you may have a proper claim for a lawsuit. - Death by Fatal Injury at the Hands of a Third Party
A lawsuit might be the right option when one considers injuries, such as spinal cord injuries or traumatic brain injuries due to a car accident, that third parties directly cause, leading to death. - Unclear Liability or Disputed Facts
A lawsuit can help you hold that person or company responsible if there is some level of dispute as to liability or an attempt to shift blame. This ensures that you are given fair compensation.
Steps to Filing a Wrongful Death Lawsuit in Texas
Filing a wrongful death claim can be lengthy and complicated; however, with the right legal support, you will be able to seek justice. Basically, here is an overview of the steps involved:
Step 1: Have a Wrongful Death Lawyer Contacted
First and foremost, it is important that you consult with a wrongful death law firm in Texas and talk about your case. The details of the accident will be reviewed by an experienced attorney who will explain your options and guide you through the process.
Step 2: Investigate the Incident
First, your lawyer will collect evidence of police reports, witness statements, and medical reports. This will be necessary to prove that a loved one died because of negligence or misconduct.
Step 3: File the Claim
Your attorney will then file a claim once he or she has gathered adequate evidence to support the claim on behalf of the surviving family. Filing a claim means your attorney will have to submit the required documents to the court and serve the defendant with the lawsuit.
Step 4: Negotiations and Settlement
Many times, the defendant will make a settlement offer, or it may be their insurance company that does so, in lieu of trial. Your attorney will negotiate for your benefit to make sure that the settlement is adequate to cover all your financial losses, including medical expenses, funeral costs, and loss of companionship.
Step 5: Trial (If Necessary)
Should a settlement not be reached, your case could go all the way to trial. It is at this point that a catastrophic injury attorney or fatal accident lawyer will represent your family in court through the presentation of evidence and arguments before a judge or jury.
Common Causes of Fatal Accidents in Texas
Some of the more common causes of fatal accidents that are important to understand in building a strong case to determine whether someone else’s negligence contributed to the death of your loved one include:
- Car Accidents: Fatal car accidents are among the leading causes of death in Texas, resulting in serious injuries or death. These may be due to speeding, drunk driving, or distracted driving.
- Workplace Accidents: Many people die in work-related incidents every year. It usually occurs due to a bad working environment or the negligence of the employer themselves.
- Medical Malpractice: If a healthcare professional is negligent, causing the death from an injury or illness, you have a possible claim for wrongful death.
- Defective Products: If a defective product results in harm or death, the manufacturer can be held liable through a wrongful death lawsuit.
Costs and Pricing Factors of a Wrongful Death Claim
The most frequently occurring question that arises when filing a wrongful death lawsuit concerns the cost of hiring an attorney. Fortunately, most wrongful death law firms in Texas work on a contingency fee basis. A contingent fee arrangement means you do not pay up-front Attorney’ fees, and your attorney gets paid contingent upon a recovery.
Factors That Affect the Settlement Amount
- Seriousness of the Injury: The more serious an injury is, especially if it causes the death of a victim due to spinal injuries or traumatic brain injuries, the higher the settlement amount usually is.
- Loss of Income: If the victim was the breadwinner of the family, future wages lost could be compensated for, increasing the value of the claim significantly.
- Emotional and Psychological Impact: Compensation can also account for the emotional toll on the surviving family members, such as loss of companionship or loss of consortium claims.
Benefits of Hiring a Wrongful Death Lawyer
While one can file a case for wrongful death without an attorney, there are substantial advantages to working with an experienced professional:
- Legal Guidance: A wrongful death lawyer will have the legal expertise to handle your case from inception to conclusion.
- Maximum Compensation: Lawyers are skilled in the art of negotiation, and they will fight to get your family the highest compensation possible for the loss.
- Peace of Mind: Having a legal guide handle the case allows you to focus on grieving and healing without worrying about the complexities of the legal process.
A wrongful death lawsuit helps the family recover compensation when their loved one has died because of negligence. In Texas, you will be able to file a claim with the help of a wrongful death lawyer. You’ll get your case. Evidence is critical to be able to prove in court which party is liable, and it will show that you have a legitimate claim for justice and monetary relief.
FAQs
1. Is there a time limit in which I can file a wrongful death lawsuit in Texas?
In Texas, you usually have two years from the date of death to file a wrongful death lawsuit. If you wait longer than that, you may lose your right to seek compensation.
2. What are the damages recoverable under a wrongful death claim?
You may be entitled to funeral expenses, medical expenses, lost income, emotional damages, and loss of companionship in a case of wrongful death, among other causes of action.
Schedule a Free Consultation with Our Experienced Wrongful Death Lawyers
If you have lost someone you love in a fatal accident, it is very important that you take action with speed. Here, get in touch with our Texas wrongful death law firm today for a free, no-obligation consultation. This consultation is for informational purposes only and does not create an attorney–client relationship. Our experienced wrongful death lawyers can help guide you through the legal process and pursue the compensation your family may be entitled to under Texas law.
Disclaimer
This content is for general informational purposes only and does not constitute legal advice. Reading this site does not create an attorney–client relationship. Past results do not guarantee future outcomes. Each case is unique and will be evaluated on its own facts and merits. “Unless otherwise indicated, Attorney are not certified by the Texas Board of Legal Specialization.”
