Losing a loved one due to someone else’s negligence is an incredibly painful experience. In Texas, families have the right to seek justice through a wrongful death lawsuit. Understanding the legal process involved can help ease some of the burdens during this difficult time. Houston wrongful death attorneys can provide the necessary guidance and support throughout the process.
Filing a Wrongful Death Lawsuit in Texas
Step 1: Determine Eligibility
In Texas, only certain individuals can file a wrongful death lawsuit. Typically, this includes the deceased’s spouse, children, and parents. If these parties do not file a claim within three months of the death, the executor or administrator of the estate may file on behalf of the family.
If you believe you have a wrongful death claim, consult with a Houston wrongful death attorney to understand your eligibility and rights.
Step 2: Obtain a Death Certificate
Before you can file a wrongful death claim, you must obtain a death certificate. This document is crucial as it officially records the death and often includes the cause of death. You can obtain a death certificate from the county clerk’s office or request one online from the Texas Department of State Health Services.
Step 3: Investigate the Circumstances
Once you have the necessary documentation, your attorney will begin investigating the circumstances surrounding the death. This may involve gathering evidence such as medical records, police reports, and witness statements.
The goal is to establish that the death resulted from the negligence or wrongful acts of another party.
An experienced attorney can help you collect and organize this evidence effectively.
Step 4: Filing the Lawsuit
After gathering sufficient evidence, your attorney will help you file the wrongful death lawsuit. This involves drafting a complaint that outlines the details of the case, including the facts, the legal basis for the claim, and the damages sought.
In Texas, you typically have two years from the date of death to file a wrongful death lawsuit. If you miss this deadline, you may lose your right to seek compensation.
Step 5: Discovery Phase
Once the lawsuit is filed, the discovery phase begins. During this period, both parties exchange information relevant to the case. This may include depositions, interrogatories, and requests for documents.
Your attorney will work to gather all necessary information to strengthen your case. This phase can take time, but it is essential for building a solid argument.
Step 6: Negotiation
After the discovery phase, the parties may enter into negotiations. Many wrongful death cases are settled before going to trial. Your attorney will negotiate with the opposing party or their insurance company to reach a fair settlement.
Having a skilled Houston wrongful death attorney by your side can significantly impact the outcome of these negotiations.
Step 7: Trial
If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present their evidence and arguments. A judge or jury will then determine whether the defendant is liable for the wrongful death and, if so, the amount of damages to be awarded.
Step 8: Receiving Compensation
– Medical expenses incurred before death
If you win the case or reach a settlement, compensation may cover various damages, including:
– Funeral and burial costs
– Lost wages and future earnings
– Loss of companionship and emotional suffering
Houston Wrongful Death Attorneys Near Me
Filing a wrongful death lawsuit in Texas can be a complex and emotional process. Understanding the steps involved can help you navigate this challenging time.
Houston wrongful death attorneys can provide invaluable support, ensuring that your rights are protected and that you receive the compensation you deserve.
If you have lost a loved one due to someone else’s negligence, consider reaching out to WestLoop Law for a consultation. They can help you understand your options and guide you through the legal process.
For more information on wrongful death claims in Texas, you can visit the Texas Department of State Health Services and the Texas Civil Practice and Remedies Code
Don’t hesitate to take action. Contact a Houston wrongful death attorney today to discuss your case and begin the journey toward justice for your loved one.