Losing a loved one is painful and upsetting in any circumstance, but when another person is at fault for their death, you may be unsure of how to hold them accountable. Texas has specific laws governing who can bring a wrongful death claim and how quickly they must do so. Without experienced and compassionate legal guidance, families may lose their right to seek justice against the at-fault parties.
The personal injury attorneys at Liggett Law Group believe in providing education and support to those going through devastating circumstances. Below, we offer vital details on the steps in a wrongful death lawsuit that could benefit you in your time of need.
First and Foremost: Tend to the Needs of You and Your Family Members
The most important step after losing a loved one is to tend to the needs of yourself and your family members. Losing a loved one is never easy, especially when it occurs through a sudden fatal accident. Focusing on relationships and therapy that can provide compassion and support.
In the Lubbock, TX, area, there are several resources and groups that provide help, including:
- Compassionate Friends assists children and adults with grief after a death.
- GriefShare is a general grief recovery group.
- Lake Ridge Chapel & Memorial Designers has a group focusing on widows and widowers.
- Our Ladies of Lake Ridge is designed to guide women through their personal grief journeys.
Children may process their loss very differently from adults. They may seem perfectly normal, playing and behaving as if nothing has gone wrong.
Yet, inside, every individual approaches their grief in a unique way, and it’s critical to have support systems in place, such as counselors and friends, to be there when the dam of emotions finally breaks.
Begin Building Your Wrongful Death Claim With a Qualified Attorney
If you suspect or have evidence that your loved one’s death was the result of another person’s negligence, carelessness, or intentional actions, you must speak with a wrongful death lawyer as soon as possible. At Liggett Law Group, we offer free initial consultations so you can get answers without any risk or obligation. We can help you determine whether you have a valid claim and what to do about it.
With a wrongful death, you have a greater legal burden since you must first tend to the business of your family member’s death and work on collecting the evidence showing who is at fault and what they did. Our attorneys guide you through every step of both processes, which may include:
- Determining who can file a wrongful death claim
- Obtaining the death certificate from the Texas Department of State Health Services.
- Deciding whether to request an autopsy (including an independent second autopsy)
- Locating the deceased’s will (if there is one) and final instructions
- Identifying the personal representative or executor of the estate
- Identifying eligible survivors
- Gathering supporting evidence for the case
- Documenting losses and damages suffered by the deceased before death and by the family afterward
If you believe a loved one’s death could have been avoided, filing a wrongful death claim can help. It may enable a family to work through their own grievances and emotional needs without having to worry about medical bills, lost income, or other future financial obligations.
Successfully litigating a wrongful death claim can prevent the responsible party or parties from causing the same heartache to another family in the future. The sooner you speak with a wrongful death attorney, the sooner your case investigation can begin.
Ensure Your Claim Follows the Texas Wrongful Death Statute
This is important because there is a statute of limitations for filing wrongful death claims in Texas. According to the Texas wrongful death statute, a person has only two years from the date of death to file a wrongful death claim unless one of the following exceptions apply:
- The plaintiff is a minor under the age of 18
- The defendant’s negligence was unknown during the two years
- The defendant committed fraud or fraudulently concealed their part in the death
- The plaintiff’s mental or physical impairment prevented them from filing during the two-year period
If the plaintiff is a minor, the statute of limitations is tolled (delayed) until they reach the age of 18. The clock begins on their birthday, giving them two years to file the wrongful death lawsuit. There can be additional exceptions to the statute based on the details of your loved one’s death, so it’s best to consult with a wrongful death lawyer right away to know your rights.
Review the Requirements for Filing a Wrongful Death Lawsuit
Not just anyone can file a wrongful death lawsuit. In Texas, the statute dictates which specific parties can file a lawsuit on behalf of a deceased loved one. According to the statute, those who can file a wrongful death action include:
- Legally adopted child of the victim
- The personal representative of the deceased’s estate
- Surviving adoptive parents of the victim
- Surviving minor child or adult child of the victim
- Surviving parents of the victim
- Surviving spouse of the victim
A wrongful death claim is a civil claim and seeks to compensate the family for the loss of their loved one at the hands of another’s wrongdoing. If the defendant committed criminal acts, they will face those in criminal court by the state and its prosecutors. A personal injury lawsuit for wrongful death can be brought regardless of any criminal charges, and there is the potential for your case to benefit from the evidence presented in the state’s actions against the negligent party.
Calculate Your Damages for Full Compensation
On the surface, your losses in a wrongful death case may seem clear. You naturally want to reclaim the cost of final expenses and any medical bills prior to the death, but there are many additional losses your wrongful death lawyer can help you identify. For example, your case may include the following:
- Emergency transportation fees
- ICU, ER, surgery, and other hospital costs
- Property damage, such as in a vehicle accident
- Grief, shock, isolation, and other emotional trauma for the survivors
- Loss of companionship, support, guidance, and love for survivors
- Loss of income, benefits, inheritance, and other financial damage
As you concentrate on healing from your loss, your attorney and their support staff can relieve some of the stress and worry for you. By taking on the details and keeping you updated on your case’s progress, you can ensure that your wrongful death lawsuit moves forward effectively while you process the death. Each case is unique, so its value will vary, but your wrongful death team at Liggett Law Group will work tirelessly to secure what you deserve from those at fault for the loss.
Understand How Your Attorney Establishes Negligence After a Wrongful Death
In a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. In civil cases like wrongful death lawsuits, the burden is on the plaintiff to show how the defendant is at fault, what happened, and why the plaintiff deserves their requested damages. Doing so requires presenting a preponderance of the evidence to establish the defendant’s negligence.
It’s crucial to present evidence and arguments that meet all four elements of negligence:
- The defendant owed a duty of care to the deceased.
- The defendant breached that duty through their actions or inactions.
- The defendant’s breach was a direct cause or proximate cause of the deceased’s injuries and eventual wrongful death.
- The survivors incurred damages (the death and any other injuries) as a result.
A Breakdown of These Elements
Every element of negligence must be proven. Establishing duty of care means that the plaintiff must show the defendant had a duty to the deceased. For example, if the death resulted from a car accident, your lawyer will demonstrate how all drivers on the road have a duty of care to drive responsibly and obey the rules of the road to keep all other drivers safe.
If a duty of care is established properly, the plaintiff will have to show that the defendant breached that duty in some way, whether through drunk driving or not properly securing a workplace. After showing there was a duty and that duty was breached, the plaintiff will need to show the breach was the exact cause of the accident.
Specifically, they must demonstrate that if the driver were not drunk, the accident would not have happened. Therefore, the negligent action of driving drunk led to the loved one’s wrongful death. Finally, there must be some sort of damage, which can be the losses from the fatality but also include any medical or other damages the victim suffered before their death.
Acknowledging Your Emotional State After a Wrongful Death
Dr. Elizabeth Kubler-Ross famously described the five stages of grief surrounding death. Survivors will pass through denial, anger, bargaining, depression, and acceptance. Every person will process their emotions at different speeds, but it’s important to recognize how these stages can affect your ability to pursue those who are to blame for your loved one’s death. You may delay taking action in the denial stage because you are struggling to believe your family member is truly gone.
As you and your family pass into anger, bargaining, and depression, you may have a strong need to exact justice against those at fault.
These emotions can negatively affect your ability to cope and logically pursue the claim because you want revenge. You may even feel like giving up entirely during the depression stage because it all seems like too much.
During these ups and downs, the clock is ticking in the legal system, and in Texas, you could run out of time. By working with a skilled and caring wrongful death attorney, you can put the worries of paperwork and legal filings in their hands.
Get Top-Tier Legal Representation for a Texas Wrongful Death Lawsuit Today
Dealing with the unexpected death of a loved one is never easy. Handling the financial duties along with the grief can be stressful. Filing a lawsuit may be the last thing on a loved one’s mind, and they may not know where to begin. Working with an experienced wrongful death lawyer like Ted Liggett can help you learn more about the details of a wrongful death lawsuit and where to start.