Need To File a Wrongful Death Claim?
Losing a loved one is one of the most difficult things we will ever face in life. If that loss was due to the negligence of another, the pain and frustration are even harder to bear. When you lose a loved one in an accident or due to the carelessness of a person or company, you have a right to compensation for that wrongful death. While nothing can ever replace that husband or wife, son or daughter, mother or father, the law gives you the right to seek at least some measure of justice.
In addition to dealing with the heartbreak of your loss, you may have questions about “what to do next,” and you may not even know where to start. Our Houston wrongful death lawyers offer a FREE consultation, 24 hours a day, 7 days a week, so call us right now at 713-589-2960. There is NO cost to get a free consultation right now. If you decide to hire us, you pay us nothing up front, and you will pay absolutely nothing at all unless and until we’ve won your case.
Wrongful Death Laws in Texas
Every state has its own laws that govern what happens when someone dies and someone else is to blame. If a loved one has died, you should have an attorney evaluate your case who is thoroughly familiar with the Texas Wrongful Death Statute and can tell you how the law applies in your case.
The law sets out a statute of limitations for wrongful death claims in Texas. This is the deadline for taking formal legal action after the death occurred. Generally speaking, this statute of limitations is two years from the date of your loved one’s death. While there are exceptions that may extend this deadline, you cannot be sure one of these exceptions applies to your case without careful analysis by a knowledgeable wrongful death attorney.
If you assume that you have longer to file your claim, you may lose the right to seek any compensation or justice following the tragedy. In addition, you should never wait to call a lawyer too close to the two-year limit. Wrongful death cases can be complicated and can require extensive investigations, evidence gathering, and preparation before an attorney can file them. To ensure that you have the strongest possible claim, always give an attorney plenty of time before the statute of limitations.
The safest bet is to call a wrongful death law firm as soon as you believe that you may have a case.
What Is Wrongful Death?
Under Texas law, a wrongful death occurs due to:
- A wrongful act
- Neglect
- Carelessness
- Default
- Unskillfulness
The specific causes of wrongful deaths can vary substantially. Wrongful death claims can often result from the following fatal accidents:
- Motor vehicle accidents caused by negligent drivers or dangerous roads
- Slips, trips, and falls due to hazards on someone’s property
- Accidents caused by defective or dangerous products
- Dog bites or attacks
- Fires caused by dangerous conditions or faulty electrical systems
- Construction site accidents
- Medical malpractice or hospital errors
- Nursing home abuse
- Violent assaults
Because so many acts can form the basis for wrongful death lawsuits, the best way to be sure of your legal rights is to discuss what you believe happened with an experienced Texas wrongful death lawyer.
Who Can File Wrongful Death Suits?
To make matters more complicated, only certain people may pursue wrongful death claims. Just because your longtime best friend died wrongfully does not mean you have legal rights related to the death—no matter how much you are affected. Instead, the following people may file wrongful death claims in Texas:
- Surviving spouses
- Children, including adopted children and adult children
- Parents and adoptive parents
- Texas law excludes siblings from filing wrongful death claims.
If none of the above-allowed parties take action to file a wrongful death lawsuit, the person designated as the executor or personal representative of the deceased’s estate can file the claim. If you were named as such a representative and believe that a death was wrongful, consult with an attorney regarding steps you can or should take to obtain compensation on behalf of the estate.
How a Wrongful Death Claim Is Different Than a Criminal Case
Sometimes, wrongful acts that lead to death also constitute criminal offenses. Law enforcement authorities and prosecutors may place the responsible party under arrest and may issue criminal charges for homicide. In this situation, many surviving family members may believe that a criminal case is their main source of obtaining justice for the loss of their loved one. However, criminal cases have their limitations, so you should also pursue a civil wrongful death claim.
A criminal conviction may mean that the wrongful party is sentenced to prison and may be required to pay fines to the court. Those punishments, however, do little to make surviving family members feel whole again or address the many financial losses they may have experienced.
The main source of direct compensation that specifically addresses the losses of family members is a claim in civil court for wrongful death. This case is entirely separate from any criminal proceedings. If a criminal conviction was entered, that conviction may be used as evidence of a wrongful act in a civil case. However, you may still have a viable wrongful death claim even if the party was not convicted because of the different legal standards in criminal and civil cases—so always explore your rights on the civil side.
What Damages Are Available?
While the value of every wrongful death claim will vary, family members can often seek significant compensation for their many losses. Under the law, wrongful death claims can involve damages for:
- Lost income and financial support of the deceased
- Lost inheritance value if the deceased would have had a larger estate had they lived longer
- Lost services, care, maintenance, support, and counsel of the deceased
- Lost companionship and love
- Emotional and mental pain, suffering, and anguish
These damages are added together and granted as a single award or settlement. The court, however, will also decide the proportion of loss of each family member who brings the claim. The claimants will then divide the damage award in proportion to their percentage of loss.
If a wrongful death claim resulting from a particularly egregious act—such as an intentional violent act or an act of gross negligence—a court may award “exemplary” damages, which are also called punitive damages. These damages are awarded not due to any specific damages lost but based on the court’s desire to punish and deter wrongful acts. These damages are awarded on a case-by-case basis, and your attorney may advise you as to whether they are available in your case.
The Wrongful Death Legal Process
While each wrongful death case will have unique circumstances, the legal process is governed by specific rules and procedures. The following is a brief overview of the wrongful death legal process.
Free case evaluation – The first step in any wrongful death case is to schedule a free consultation with an attorney who can evaluate your situation. One of the experienced lawyers at Rucker Law Firm will listen to what happened and advise you as to whether you have a viable wrongful death claim. This initial consultation is always free, so you have nothing to lose by calling to discuss your rights.
Investigation – The next step in many cases is to conduct an investigation to identify any potentially liable parties and gather evidence of their wrongdoing. This often requires resources such as accident reconstruction experts, medical experts, and more. A qualified law firm will have access to the resources you need to gather evidence of the wrongful death.
Calculating damages – Another highly important step in any wrongful death claim is calculating all of your losses so you know how much you can seek in your claim. Some damages—such as costs for medical treatments prior to the death—are relatively easy to quantify and can be proven with the bills issued for the treatments. Others, however, such as loss of companionship or emotional suffering, can be more difficult to calculate, and you should always have the help of an attorney familiar with such calculations.
Drafting and filing a complaint – Once you have identified the parties responsible for the wrongful death and understand the value of your claim, your attorney can begin drafting the complaint, which is the legal document filed with the court that begins a formal case. The wrongful death complaint must meet certain requirements, including identifying defendants, stating facts that support your wrongful death cause of action, as well as the legal relief that you seek. The more persuasive your complaint, the stronger your case.
Pretrial process – The longest stage of litigation is the pretrial process between the initial pleadings and a trial—if your case gets that far. Pretrial proceedings involve conferences with defendants, a discovery period during which you exchange evidence and information with the defendant so your attorney can build your case, the filing of motions with the court, and more. You need an attorney who understands how to handle the pretrial process in an efficient manner.
Settlement negotiations – Perhaps one of the most important parts of any civil case is settlement negotiations between the parties. Even though you filed a claim for the court to resolve, you and the defendant can negotiate to try to resolve the case out-of-court at any time. During such negotiations, your attorney can use information gathered during discovery to convince the other side that you have a strong case that will prevail at trial. Many defendants would rather agree to a favorable settlement than risk losing and paying more due to a trial verdict. Therefore, the majority of cases result in settlement agreements, and a skilled wrongful death attorney will continue to negotiate through the entire process up until a trial date.
Jury trial – While most cases do not make it to trial, some parties are not willing to make reasonable settlement offers, and then cases may proceed in front of a jury or judge. For this reason, you want to be sure that your attorney has trial experience and is not hesitant to protect your rights in court when necessary.
