When a preventable accident takes a life, the emotional toll can be overwhelming, and the financial burden just adds to the pain. A wrongful death lawsuit helps families pursue the justice and compensation they deserve.
Losing a loved one because of someone else’s negligence is one of life’s most devastating experiences. Our Houston wrongful death lawyer allows surviving family members to seek justice, accountability, and financial compensation for their loss. Whether the death resulted from a car crash, medical mistake, workplace accident, or defective product, pursuing legal action can help families secure stability and ensure that the responsible parties are held accountable.
How to File a Wrongful Death Lawsuit
Filing a wrongful death lawsuit can help families seek justice and financial support, but the process can seem complicated. Here’s a straightforward guide to what you can expect:
1. Investigation
The first step is gathering evidence to support your claim. This can include police or accident reports, medical and autopsy records, witness statements, expert opinions, and any photos or videos from the scene. The stronger your evidence, the better your chances of a fair outcome, whether through a settlement or in court.
2. Filing the Complaint
Once the evidence is ready, the lawsuit is filed in the appropriate court. This officially starts the legal process and notifies the people or organizations you are holding responsible. The complaint usually outlines what happened, who is at fault, the damages you are seeking, and the evidence supporting your claim. According to section § 16.003 Civil Practice and Remedies code, most wrongful death claims must be filed within two years of the date of death. Missing this deadline can bar recovery entirely.
3. Settlement Negotiations
Many wrongful death cases are resolved before going to trial. Lawyers on both sides may negotiate a settlement, which can save time, reduce stress, and provide financial support without the need for a courtroom fight.
4. Trial
If a settlement can’t be reached, the case goes to trial. A judge or jury will review all the evidence, hear from witnesses and experts, and decide whether your claim is valid. They will also determine the amount of compensation you are entitled to.
Who Can File a Wrongful Death Lawsuit?
Not everyone has the legal right to file a wrongful death claim. Each state’s laws determine which family members or representatives can take legal action, but most wrongful death statutes share similar rules.
Under § 71.002 — Wrongful Death Action, surviving family members have the right to bring a claim when a loved one’s death is caused by another person’s wrongful act, neglect, or carelessness. In general, the following parties may be eligible to file:
- Immediate family members: Spouses, children, and sometimes parents of unmarried minors are typically first in line to file.
- Personal representative or executor: If the deceased had a will, the executor or personal representative of the estate may file on behalf of the surviving beneficiaries. § 71.004 — Parties Eligible to File specifies that if no claim is made within three months, the executor or personal representative can pursue the lawsuit.
- Dependent relatives: In some cases, siblings, grandparents, or others who were financially dependent on the deceased may be allowed to file.
- Adoptive or stepfamily members: Depending on the jurisdiction, adopted children or stepchildren who relied on the deceased for financial or emotional support might also have legal standing.
Compensation for Wrongful Death Lawsuit
The value of a wrongful death lawsuit varies widely depending on the circumstances. Courts consider factors such as the deceased person’s age, income, and financial contributions to the family, along with the number of dependents and the specific circumstances surrounding the death. The emotional impact on surviving family members is also a crucial consideration, as the loss of a loved one can affect daily life, relationships, and overall well-being. Compensation in a wrongful death lawsuit can include economic damages, non-economic damages, and other potential losses:
- Economic damages: These cover tangible financial losses, such as medical bills incurred before death, funeral and burial expenses, and lost wages or future income that the deceased would have provided.
- Non-economic damages: These address emotional and relational losses, including pain and suffering, loss of companionship, and emotional distress.
- Other potential losses: In some cases, families may claim loss of inheritance or support, particularly if the deceased played a key financial or caregiving role.
Depositions and Case Considerations
A wrongful death lawsuit involves several procedural and evidentiary steps that can affect the outcome. One critical component is the deposition, a sworn statement given by a witness, expert, or party involved in the case. Depositions help clarify facts, gather evidence, and assess credibility before trial. Proper handling of these proceedings is essential, as they can significantly influence the strength of the case.
- Insufficient Evidence:
A case may be dismissed if there isn’t enough proof to show negligence or wrongdoing. Collecting all relevant records, reports, and witness statements early is essential to building a strong claim. - Expired Statute of Limitations:
Each state sets strict deadlines for filing wrongful death claims. If the statute of limitations expires, the case may be dismissed. Acting promptly ensures your right to pursue compensation is preserved. - Private Settlement:
Parties may reach an agreement outside of court, resolving the matter without trial. Settlements save time and reduce stress, but it’s important that they fully address both economic and non-economic damages.
Comparative Fault in Texas (§ 33.001)
Texas follows a modified comparative fault system. This means that if the deceased was found to be more than 50% at fault for the accident or incident that caused their death, the family cannot recover damages. If the deceased shares some responsibility but less than 50%, the total compensation may be reduced proportionally based on their percentage of fault.
The Value of a Wrongful Death Lawsuit
A wrongful death lawsuit is more than just a financial claim; it addresses legal, emotional, and societal needs. Losing a loved one unexpectedly can be devastating, and filing a lawsuit allows families not only to seek justice but also to acknowledge and address the impact of their loss. It provides a formal avenue to hold negligent parties accountable while helping families regain some sense of control during a difficult time.
- Hold Responsible Parties Accountable:
Legal action ensures that negligence or wrongdoing has consequences, helping prevent similar incidents in the future. - Seek Compensation:
Families can recover damages for medical bills, funeral expenses, lost income, and emotional suffering, helping them manage both immediate and long-term financial challenges. - Raise Awareness:
These cases highlight unsafe practices in workplaces, medical facilities, or other settings, contributing to safer environments and helping prevent future tragedies.
Take Action Today with Abogada Kim Bruno
Losing a loved one is an unimaginable hardship, and facing the added burden of pursuing legal action can feel overwhelming. What is a wrongful death lawsuit? It is a legal process that allows families to hold responsible parties accountable while seeking the financial support they need. By consulting Abogada Kim Bruno, you can ensure every step is handled professionally and that your claim addresses both tangible losses, like medical bills and funeral costs, and intangible losses, such as emotional suffering and loss of companionship.
Acting promptly is critical, as wrongful death claims are subject to strict legal deadlines. Abogada Kim Bruno and her team can guide you through the filing process, gather essential evidence, and advocate on your behalf to maximize your compensation. Taking this step is not just about financial recovery; it’s about honoring your loved one, seeking justice, and creating a sense of closure for your family during an incredibly difficult time.