Losing a loved one is never easy. If they died due to someone else's reckless, careless, or criminal conduct, it can be even more heartbreaking.
A wrongful death lawyer can help you seek compensation for your emotional and financial losses. In this post, our experienced Houston legal team discusses how to improve your chances of winning a wrongful death lawsuit in Texas.
Establishing Wrongful Death in Texas
To prove wrongful death in Texas, you must show the following elements:
- The recklessness, negligence, or intentional actions of another caused your loved one's death.
- The victim would have had a valid personal injury claim if they had survived their injuries.
- The death resulted in damages, which is the legal term for physical, financial, or emotional losses for which you can seek compensation.
A wrongful death lawyer can help evaluate whether your loved one's passing meets the criteria for a wrongful death claim.
Examples of Wrongful Death Cases
Just like personal injury claims, wrongful death claims can arise from many different events. The following often lead to wrongful death cases:
- Automobile and motorcycle crashes
- Train and plane accidents
- Commercial truck collisions
- Bicycle and pedestrian accidents
- Boating accidents
- Slip-and-fall accidents
- Medical malpractice
- Faulty products
- On-the-job accidents
- Criminal actions
- Animal attacks
- Toxic exposures
- Nursing home neglect
- Recreational accidents
How To Improve Your Chances of Winning a Wrongful Death Lawsuit
While it's impossible to ensure the outcome of a legal case, the following steps can help improve your chances of a successful wrongful death claim:
Hire an Attorney
Because the burden of proof in a wrongful death claim falls to the plaintiff, you must prove the defendant is responsible for your loved one's death. Hiring an experienced wrongful death lawyer is crucial to building a strong case.
Your legal team will:
- Guide you through the legal process
- Collect and organize evidence
- File all required paperwork on time
- Establish liability for the accident
- Estimate potential compensation
- Work to negotiate a fair settlement
- Prepare your case for trial
File on Time
Every state has filing deadlines for legal cases. In Texas, the statute of limitations for wrongful death claims is two years. There are a few rare exceptions, but missing the deadline typically bars you from seeking compensation forever. Your wrongful death lawyer will let you know if you qualify for an exception.
Gather Strong Evidence
Wrongful death claims require the support of solid evidence. You can collect some evidence on your own, including documentation that shows the financial cost of your loved one's fatal injury (like medical bills and funeral receipts) and the financial impact of their death (like pay stubs and tax returns).
Your attorney can help you gather other evidence, such as securing surveillance footage from nearby businesses and interviewing eyewitnesses to the accident. They may also hire professionals to support your claim, such as medical consultants and accident reconstructionists.
Wrongful Death Compensation
The amount of compensation your attorney will pursue depends on the circumstances of your case. You may be entitled to the following:
- Economic damages, including medical bills, funeral costs, and lost income and benefits.
- Non-economic damages, including pain and suffering, mental anguish, and loss of companionship.
- Punitive damages if the defendant's actions were particularly egregious.
Need a Wrongful Death Lawyer in Houston? Contact Us Today!
Although you have two years to file a wrongful death claim in Texas, preparing a lawsuit takes time. The sooner you contact a wrongful death lawyer, the easier it is for them to build a solid case.
If you're considering filing a wrongful death claim, McLaurin Law, PLLC, can help. Call us today at 713-804-7598 or contact us online to schedule a consultation.
