When someone dies unexpectedly due to the negligence of someone else, that is considered a wrongful death. Dealing with the loss of a loved one is difficult enough, but when the incident occurs because of someone else’s fault, it can be even more devastating. Wrongful death claims allow a decedent’s estate to file a lawsuit against the parties responsible for his or her death. Of course, every state has its own regulations and laws, and when it comes to filing a wrongful death claim in Texas, it is important to keep a few things in mind.
Wrongful Death Lawsuits in Texas
In Texas, the spouse, children, or parents of the deceased are permitted to file a wrongful death claim. This means siblings and grandparents are generally excluded from filing a wrongful death claim, except in certain circumstances where the deceased was financially supporting them at the time of death. Those permitted may file individually or jointly if they wish.
Any compensation received from a wrongful death lawsuit in Texas will be disbursed to the family members affected by the death, which is often decided on by a judge or jury.
Steps To Take After A Texas Wrongful Death
- Hire an attorney.
Don’t try to do this alone. A wrongful death attorney will guide you through the ins and outs of the laws applicable to your case and what is necessary to properly and timely file your claim.
- Appoint a representative.
Make sure a trustworthy representative is appointed in order to collect all necessary and relevant documents. This might include medical records, police records, employment records, or anything pertaining to the case you are filing. You will also want to make sure this person gets a copy of the death certificate. When you work with our law firm, our clients execute authorizations so we can order all relevant documentation on your behalf.
- Document the value of the damages.
It’s important to keep track of expenses or of information that will prove your losses in order for your attorney to request the proper compensation. Make sure you are holding on to things like medical bills, funeral bills, employment information that proves loss of earnings on the part of the decedent, or even information showing the emotional damages suffered by loved ones, if possible.
Texas Wrongful Death Lawyers
The most important step to keep in mind during this difficult time is hiring a compassionate attorney that will fight for the justice you and your family deserve. If you have suffered the unexpected or premature loss of a loved one and would like help in pursuing a wrongful death lawsuit, contact the experts at Dax F. Garza P.C. today. We offer free consultations by phone and/or in person. If you are unable to travel to meet with us, we can travel to meet with you.