A Complete Guide to Wrongful Death Lawsuits

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When tragedy strikes and a loved one is lost due to the negligent actions of another, people often want to see someone held responsible. Victims’ families can be left confused and angry looking for somewhere to turn for answers. Many times, they choose to work with a Texas wrongful death attorney who will fight for the rights of their lost loved one. Holding another party publicly accountable for the unnecessary passing of a loved one can jump start the healing process and help your family move forward. 

People can sometimes hesitate to contact a Texas wrongful death attorney, wondering if they have a case at all or afraid to re-open a fresh wound that is still so raw. Unfortunately, that can be the wrong move. Getting an attorney involved early on is the best way to help gather and preserve evidence to support your wrongful death claim. The right wrongful death attorney can help your family recover financial damages so you can begin to rebuild your life. Here’s what you need to know. 

Who can file a wrongful death suit?

A wrongful death suit may be filed by the surviving spouse, children, or parents of the deceased. A single individual may file a wrongful death suit or multiple people may converge and file a suit together on behalf of their deceased loved one. Unfortunately, siblings are not able to file a wrongful death suit under the law in Texas.

What is the statute of limitations?

The statute of limitations is different in every state. In Texas, a wrongful death suit must be filed within 2 years of the passing of your loved one. There are some exceptions for extenuating circumstances. If you believe those exceptions may apply to your situation, discuss the issue with your wrongful death attorney to find out for sure. 

How do I know if I have a case?

The best way to know if you have a viable claim is to speak to a Texas wrongful death attorney. However, there is a rule of thumb that normally applies. If the decedent had lived and would have been able to bring a valid personal injury claim, then you probably have a case. 

There are 4 specific elements which must be present to prove a wrongful death claim in court

  • Duty – usually a duty to act responsibly such as when driving a car.
  • Breach of Duty – defendant failed to act responsibly breaching that duty.
  • Causation – the defendant’s actions directly caused another person’s death.
  • Damages – you suffered compensable damages like a loss of income or loss of consortium. 

Contact a Skilled Wrongful Death Attorney Today

If you’ve lost a loved one due to the negligent actions of another, contact a skilled wrongful death attorney who can help you hold someone publicly accountable. The right attorney can help you navigate the complexities of the legal system in your pursuit of justice for your loved one. They will help you recover the financial damages you are rightfully due for the loss and anguish you’ve suffered. No amount of money can make up for your loss, but it can start the healing process and help you begin to rebuild. If you’ve tragically and unexpectedly lost a loved one because of negligent actions, contact a Texas wrongful death attorney today.