If you’re grieving the loss of a loved one, you need to know how to get started with a Texas wrongful death lawsuit. Amid your grief, you may be dealing with staggering medical expenses, loss of income from your family member, and other challenges. A wrongful death lawsuit could help you recover money to help pay for expenses related to your family member’s death. Many families aren’t sure how to determine if they have a case and are unsure about the process for filing a lawsuit. Our lawyers at Allen & Nunnally help struggling families seek justice for their loved ones, walking them through every step along the way.
Talk to a Lawyer to Find Out If Your Family Has a Case
When you recently lost a family member in an accident, trying to figure out if you can file a lawsuit may be a struggle. It’s important for you to seek legal advice about your loved one’s death and your family’s situation. Allen & Nunnally advises families of accident victims about their legal recourse. For example, we analyze who can file the lawsuit, how long we have to file it, the strongest and weakest arguments in the case, the needed evidence to gather, and possible damages that could be recovered.
Wrongful death lawsuits in Texas have several legal requirements that you must meet. For example, only the surviving spouse, children, and parents of a deceased person (or their estate executor) can pursue a wrongful death lawsuit. If you win the lawsuit, damages are shared among the living spouse, children, and parents. Moreover, you have only two years after your family member’s death to file the suit. Two years can pass very quickly when you are grieving or when you are pursuing settlement negotiations with the parties at fault for the accident. Further, you need to prove several legal elements in a wrongful death lawsuit (explained below) to prevail. There are many legal hoops to jump through along the way.
Lawsuit Basics
Many families considering wrongful death lawsuits have never filed a lawsuit. Some have never been to court except for jury duty or traffic court. Filing for wrongful death can feel like very unfamiliar territory. When you file a civil lawsuit, there are certain procedures that you and your lawyer must follow. For example, you must file a written complaint detailing the reasons for your lawsuit and why you are entitled to relief under the law. You have to serve the lawsuit on the defendants using legal service of process. There are court hearings that must be attended and papers that must be filed.
Further, you can request documents and information from the defendants during the discovery process. The defendants can request documents and information from you as well. There may be depositions (in-person question and answer sessions under oath). You may need to file motions requesting certain relief from the court. It’s a detailed and complicated process, so having legal representation will greatly ease your burden.
You need a good lawyer on your side if you want to file a wrongful death lawsuit. Allen & Nunnally’s lawyers are the first to fight for you when a family member has been killed due to someone else’s negligence or wrongdoing. We help families file wrongful death lawsuits in court. We guide our clients through every step of the legal process, from filing a complaint to pursuing a trial or settlement. You will not feel alone with us on your side.
Wrongful Death Legal Elements You Must Prove
A family member pursuing a wrongful death lawsuit needs to prove a few elements to show that they deserve damages. First, you must show that the defendant or defendants (the people you’re suing) had some kind of duty to your family member. For example, the defendant may be a company overseeing oilfield operations that was responsible for ensuring a safe work environment.
Next, you must show that the defendant breached that duty. Maybe a company employee didn’t perform the required safety checks that day. In addition, you must show that the defendant acted negligently, recklessly, or intentionally. Negligence is a common cause of workplace accidents, such as if the employee forgot to do the safety checks and the company didn’t notice. If the employee instead decided not to do the safety checks and the company noticed but didn’t do anything about it, those actions could rise to the level of reckless or intentional.
Finally, you must show that the defendant’s actions led to the death of your loved one. Maybe the missed safety checks meant that your family member was unknowingly placed in a dangerous oilfield situation. You must show a connection between their actions and the death.
We highly suggest finding a lawyer to guide you through the specific issues of your cases, including weaknesses and defenses that the defendants may raise. Don’t wait to seek legal help for a wrongful death lawsuit.
“No Better Friend” “No Worse Enemy”
Are you and your family struggling to figure out how to file a wrongful death lawsuit after a family member’s death? At Allen & Nunnally, our high level of preparation, discipline, and hard work today stems from our time in the Marines, where we learned what it takes to be successful. We have a steadfast commitment to client service. That’s why grieving families trust us to fight for the compensation they deserve. To schedule a consultation with one of our Texas-based attorneys, use our convenient Contact Form, call (713) 955-2217, or email us at info@allen-nunnally.com.