The unexpected loss of a life is a tragedy that profoundly impacts the lives of their immediate family members. When this happens, surviving family members can pursue justice by filing a wrongful death action on behalf of their loved one. A wrongful death lawyer in Pflugerville helps you determine the most effective course of action for recovering as much as possible in your claim.
A Pflugerville personal injury lawyer from The Texas Law Dog guides you through the legal system so you are prepared for each step and know what to expect. Our team advocates for you so you don’t have to stress about your claim or talking to opposing parties when you are grieving. We also protect you from parties who would take advantage of your loss for their personal gain.
Maintain Thorough Records and Gather Evidence to Demonstrate a Wrongful Death Occurred
When a loved one has unexpectedly died because of another party’s actions, it’s important to preserve and gather evidence right away. Clear and detailed records are essential for resolving a wrongful death action and recovering compensation to ease the burden of your loss. Insurance adjusters and lawyers will review this information when processing your claim and negotiating on your behalf.
There are several forms of evidence you can gather for your claim. Official documents such as a police report, an autopsy report, and a death certificate can provide vital information about the accident and cause of death. Accident and injury photos, medical test results, doctor’s notes, and medical bills can provide information about expenses and suffering.
The Texas Law Dog can also help you gather forms of evidence that you may not be able to get on your own. Surveillance footage from security cameras is one such example. Your lawyer can also talk to reconstructionists and experts when handling your case. The role of expert witnesses for wrongful death cases lends credibility and clarity to the case and explains how the death was caused by another party.
Wrongful Death Actions are for Surviving Family Members
When it comes to filing a wrongful death action, legal claims can primarily be filed by spouses, children, or parents, according to Texas Civil Practice and Remedies Code § 71. If these parties do not initiate a claim within three months of the decedent’s death, then a personal representative may file the claim on behalf of the family instead.
It is important to note that these claims can only be filed if the death was the result of another party’s negligent actions. Since the deceased individual can’t file a personal injury claim, a wrongful death claim allows surviving family members to take action for them. Recovered compensation helps family members offset the losses they have suffered.
Texas also allows survival actions to be filed alongside a wrongful death claim. This separate claim is filed on behalf of the decedent’s estate and by their representative. Compensation from this action benefits surviving family members but recovers compensation to cover the decedent’s medical expenses, lost wages, suffering, and other losses that were sustained.
Pflugerville Wrongful Death Lawyer Near Me (817) 775-5364
A Pflugerville Wrongful Death Lawyer Establishes Liability and Navigates Case Complexities
After a wrongful death accident, the at-fault party’s role in the accident must be established so it’s clear how and who caused the accident and subsequent death. Evidence is important for building the case against this party and supporting your claim about the losses you suffered because of this tragic event.
During your case, a lawyer will build a case that lays out the responsibility owed to your loved one by the at-fault party. Your lawyer will go on to demonstrate the at-fault party’s actions, or lack of action, that caused a fatal accident. This could include intoxicated driving, surgical errors, failure to fix property dangers, and so much more. When deemed to be at fault, the defendant must pay for damages.
Some cases may be more complex than others, so it’s important to hire a skilled lawyer who knows how to anticipate obstacles in a case, effectively handle them, and implement creative solutions that protect your interests and get results. They will also work diligently to negotiate a favorable outcome if your loved one was partially at fault, so you can still recover the maximum amount for your losses.
Compensation Alleviates Financial Stress After Losing Your Loved One
Your losses and expenses can add up quickly after the unexpected loss of your loved one. Expenses for final arrangements paired with reduced income can create a lot of uncertainty and financial instability. When you work with a Pflugerville wrongful death attorney, though, you can take legal action and recover many of the losses you and the decedent sustained.
Some of these losses may include:
- Medical expenses for the decedent
- Funeral and burial expenses
- Lost wages or income
- Property damage caused by the accident
- Loss of inheritance and/or services
- Emotional distress
- Pain and suffering
- Loss of consortium or companionship
- Punitive damages in select circumstances
To determine how much a wrongful death action settlement can yield, talk to your lawyer about the extent of your losses and how the death of your loved one has impacted your life. They know how to calculate the value of your losses and negotiate for maximum recovery in both wrongful death claims and survival actions.
Time is Limited for Filing a Wrongful Death Claim
All wrongful death claims must be filed within two years of the decedent’s death, according to Texas Civil Practice and Remedies Code § 16.003. If families wait too long to file, they may not be able to recover any of the losses they suffered. Be sure to act quickly so there is enough time to fully resolve your case, as well as any obstacles that may arise.
Schedule a Free Consultation With The Texas Law Dog Today
The Texas Law Dog provides compassionate and trusted counsel when you are trying to navigate the aftermath of your loved one’s death.
We also aggressively fight for you so you can get the justice and closure you need to begin to heal. When you schedule a free consultation with us, a wrongful death attorney in Pflugerville will walk you through what to expect and how we can serve you.
