The death of a loved one, even merely knowing they have sustained injuries after an accident, is always a painful experience, especially when it is unexpected. If your loved one has unexpectedly suffered a wrongful death, there are steps you can take to seek justice and hold the responsible parties accountable.
At the Stewart Law Firm, our team of personal injury attorneys led by attorney Stephen Stewart is here to support you during this difficult time and guide you through the legal process of filing a wrongful death claim in Texas.
Your First Steps After a Wrongful Death in Texas
While it can be challenging to focus on practical matters after suffering such a loss, getting organized is crucial. Here are the first steps you should take if you believe your loved one’s death was wrongful:
- Obtain a Copy of the Death Certificate: This official document can be requested from the Department of Health and is essential for legal proceedings.
- Determine If the Death Qualifies as Wrongful: Wrongful death occurs when another party’s negligence or misconduct causes a person’s death. In these cases, the surviving family members can pursue a claim that the deceased would have been able to file if they had survived.
Generally, wrong death is when someone dies before their natural lifespan. It can take several forms.
What Is Considered Wrongful Death in Texas?
Texas law defines wrongful death under the Texas Civil Practice and Remedies Code Section 71.002. This statute allows certain family members—such as spouses, children, and parents—to file a wrongful death claim if their loved one’s death resulted from:
- Negligence or carelessness: This includes car accidents, workplace accidents, or incidents involving defective products.
- Medical malpractice: If a doctor or healthcare provider’s failure to meet the standard of care leads to the death of the patient.
- Intentional harm: Such as physical assault or actions intended to cause injury.
Under the Texas wrongful death statute, a person generally has two years from the date of the death to file a wrongful death claim. However, there are certain exceptions that may extend this time frame, including:
- If the plaintiff is a minor child, the time limit may be paused until the child reaches the age of majority.
- If the negligence of the defendants was not discovered within the initial two-year period, the time limit may be extended to allow for filing once the negligence is known.
It’s important to act promptly because the statute of limitations for wrongful death claims in Texas is generally two years from the date of death. Consulting a reliable personal injury attorney in Austin early can help ensure that your claim is filed within the required timeframe.
Working With a Lawyer for a Wrongful Death Claim in Texas
The next step in pursuing a wrongful death claim is working with a knowledgeable Austin personal injury attorney. The lawyer can help discover if the person has a case and will typically use many varied techniques to examine the case and see if the person can proceed.
Here’s how a lawyer can assist during this process:
- Investigating the Incident: The attorney may hire a private investigator to gather evidence, interview witnesses, and reconstruct the events leading to the accident. This can include reviewing police reports, medical records, and any available video footage.
- Determining Liability: The lawyer will examine the role of all parties involved to identify who may be held responsible for the wrongful death. This may include determining what part the person’s behavior played, if any, in the accident or another issue that led to their premature death.
- Assessing the Value of the Claim: The attorney will evaluate the financial and emotional losses suffered by the surviving family members, which may include medical expenses, funeral costs, lost future earnings, and loss of companionship.
What Compensation is Available for Wrongful Death in Texas?
In Texas, compensation for wrongful death can help alleviate some of the financial and emotional burdens families face after losing a loved one. Damages that may be awarded in a wrongful death claim include:
- Economic Damages: Compensation for financial losses such as:
- Medical bills incurred before the loved one’s death
- Funeral and burial expenses
- Lost income and benefits that the deceased would have provided to their family
- Non-Economic Damages: Compensation for intangible losses, including:
- Loss of companionship, love, and emotional support
- Mental anguish suffered by the surviving family members
- Punitive Damages: If the wrongful death was caused by gross negligence or intentional harm, the court may award punitive damages to punish the responsible party and deter similar behavior in the future.
At Stewart Law Firm, we understand the profound impact a wrongful death can have on a family. Our team is dedicated to providing compassionate and professional legal support to help you seek the justice and compensation you deserve.
We know that no amount of money can replace your loved one, but holding the responsible parties accountable can bring a sense of closure.
How We Can Help You Prepare for a Wrongful Death Claim
After speaking with a personal injury lawyer, the law firm will help make sure that it’s all put together going forward. Here’s how we can assist:
- Organizing Documentation: We will help collect essential documents such as the death certificate, medical records, accident reports, and any other evidence that supports your claim.
- Representing the Estate: Our attorneys assist in appointing a representative from the deceased’s estate to act on behalf of the family during legal proceedings.
- Advocating for Your Rights: We work tirelessly to present a strong case in negotiations or court, aiming for a fair and just resolution.
With The Stewart Law Firm by your side, you can focus on healing while we handle the legal complexities. Our goal is to help you secure the compensation needed to support your family during this challenging time.
Contact Our Austin Personal Injury Attorney at The Stewart Law Firm Today
If you have lost a loved one due to wrongful death, you don’t have to face this journey alone. Our legal team at Stewart Law Firm is here to provide the guidance and support you need.
Contact us at (512) 326-3200 for a free consultation, and let us help you seek justice for your loved one.
