Are you considering whether to file a wrongful death lawsuit in Texas? If you’ve lost a family member, you are probably grieving, and don’t know how to take action following their death.
Sometimes, you won’t be able to file a case if the death was due to natural causes. If the death was caused by something related to negligence, you can file a claim. However, how will you know whether you should file a wrongful death case? Examine the checklist below.
Did You Lose a Loved One in an Accident That You Think Could Have Been Prevented?
If you lost your family member in an accident and you believe that negligence or wrongful behavior was the cause, then you probably have a wrongful death case. You will need to prove that the person who caused the accident was negligent.
A lawyer can often assist you in putting together your case, so that you can receive justice and compensation for your loved one.
Have You Calculated Your Family’s and Your Damages?
Before you file your case, you might want to calculate your total damages. You can do this with the help of a lawyer later on, but it could also help you to have an idea of what your losses amount to right now. You should start by adding up all related medical bills, funeral and burial costs, and other financial losses.
You can then discuss with an attorney how much your grief and other non-financial losses amount to. It’s difficult to put a price tag on anguish, but the court will try to do so because a monetary award is the only kind of justice civil court can give out.
Have You Looked into the Laws in Texas Regarding Wrongful Death Case?
It’s important to look into the laws in Texas so that you’re aware of the important ones that will affect your case. For instance, who is permitted to file a wrongful death case? In Texas, only certain family members of the victim can file a case, such as parents, children, and spouses. Grandparents and siblings cannot file a case.
Also, how long do you have to file a wrongful death lawsuit in Texas? You have two years to file a wrongful death lawsuit in Texas. An attorney will know all the laws related to wrongful death cases so it’s usually a good idea to work with one if you want the best outcome possible for your case.
Have You Talked to a Texas Wrongful Death Lawyer?
A wrongful death case usually requires the assistance of an attorney. Wrongful death cases are generally more difficult to win than other types of injury cases. Someone has died and so the court is going to examine every aspect of the case very closely. They don’t want to hold someone liable for another’s death unless it truly is that person’s fault.
Make sure your loved one gets justice for what’s happened to them by doing everything in your power to win a wrongful death lawsuit. Partnering with an Austin wrongful death attorney is usually an important step to winning the justice and financial compensation you and your family deserve.