August 21, 2024

A Guide to Wrongful Death Claims in Texas

wrongful death lawyer Texas
Legal action toward wrongful death can not recover your emotional trauma, but it potentially helps in financial compensation

Like all states, the Texas lawsuit allows wrongful death claims when someone dies due to another party’s fault. Wrongful death claims are similar to personal injury lawsuits in many ways–but they occur when an accident does not just cause injuries but instead results in a death. This legal avenue will help you to file a case against those responsible for causing the fatality. You can sue or settle and get total compensation for medical bills and other losses. 

When it comes to filing legally, wrongful death lawyer Texas assists you throughout the process, from gathering the necessary documentation to representing them in court if a settlement cannot be reached.  If you are a victim of this heinous crime, read and find out how a layer can get you the much-awaited justice. 

Incidents Leading to Wrongful Death

Claims for wrongful death may result from many types of situations. Some common causes include

  • Fatal vehicle crashes brought on by inattentive driving, driving under the influence, or hazardous circumstances.
  • Mistakes resulting from medical negligence, such as incorrect diagnoses or surgical errors.
  • Mishaps at work are brought on by dangerous working spaces or carelessness on the part of the boss.
  • Health and work-related faulty products 

Compensation You Can Pursue in a Wrongful Death Case

There are a variety of forms of compensation you can seek in a wrongful death lawsuit. Those damages may include:

Financial damages

Financial damages in a wrongful death case cover the money lost due to the person’s death and the expenses paid. If the deceased had benefits such as a retirement plan, you can seek compensation to replace those financial benefits. Additionally, you can request reimbursement for medical and funeral costs incurred. 

Non-financial Damages 

Loss of consortium is another way to suffer. This means losing the benefits of a family relationship, like your love and physical closeness with your spouse or the care and support a parent gave you. These losses are less concrete to establish but often more valuable, and \include:

  • The emotional support you lost if the person who passed away was someone you relied on.
  • The care and guidance your spouse provided at home and with your children.

You can ask for compensation for losses that aren’t strictly about money. Furthermore, if losing a loved one made you unable to work or caused you to lose your job, you might be able to get cash for that.

Punitive or Exemplary Damages

These damages are meant to punish a defendant, especially if their actions are very bad. This can be included when a drunk driver causes the death of a loved one.

Who Can Seek Justice?

According to Texas law, chapter 71 of the Texas Civil Practice and Remedies Code, a wrongful death claim can only be filed by specific relatives of the deceased person, who are listed here. 

  • Spouses even when divorced or remarried.
  • Biological and adopted children.
  • Biological and adoptive parents.

If none of these family members files a claim within three months of the death, the person managing the deceased person’s estate can file the claim unless the family decides otherwise.

Steps in Filing a Claim with a Wrongful Death Lawyer in Texas

Having a legal prosecutor is a progressive step toward filling wrongful death claims when it comes to getting fair compensation for the survivor’s family. Their specialization in Texas lawsuits will help you navigate each point of legal procedures. Here’s a general overview of the process:

Step 1: Consultation with a Lawyer

Start by talking to an experienced wrongful death lawyer Texas. They will examine your case and explain the legal options to help you.

Step 2: Investigation

A wrongful death lawyer investigates thoroughly using their experience to handle serious cases. This includes gathering evidence, interviewing witnesses, and consulting with experts to build a strong case.  

Step 3: Valuing the Claim

Once the investigation is done, the lawyer files the wrongful death claim in court. This document explains what happened, why the claim is legal, and what money is requested. The lawyer can figure out how much money is needed for:

  • Doctor bills before the person died
  • Costs for the funeral and burial
  • Money the person would have earned and other benefits
  • Losing the closeness and care of the person
  • Pain and sadness the person felt before they died

Negotiation and Litigation

A wrongful death lawyer negotiates with insurance companies and the responsible party to reach a fair agreement. If they can’t agree, the lawyer goes to court and presents the case to a judge and jury.

In Crux

Legal action toward wrongful death can not recover your emotional trauma, but it potentially helps in financial compensation. Following a wrongful death claim in Texas allows families to seek justice and compensation for wrongful actions from responsible ones. You can achieve favorable legal outcomes with a skilled wrongful death lawyer Texas