Grieving families need to know that they may have the option to file wrongful death lawsuits. In a terrible time of loss, many families do not realize they have the legal right to compensation. Other families struggle to get through each day without their loved ones, and filing a lawsuit is not on their radar. At Allen & Nunnally, we believe strongly in the importance of client service. We step up in families’ time of need and handle their wrongful death lawsuits from start to finish. In Texas, you have only a short time to file a wrongful death lawsuit, so don’t wait to contact our firm for a consultation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal case brought by the family of a deceased person against the person who caused their loved one’s death. It’s considered a civil case rather than a criminal case. In civil cases, the plaintiffs (the family members who file the lawsuits) are trying to get a court order requiring the defendants (the people who caused the death) to pay them compensation. Possible defendants in a wrongful death lawsuit include the person or people who caused the death, their employer, and any other company that caused the death. The person’s employer may need to be a defendant if the person was working at the time of the accident or was using work tools (such as driving a company truck).
How Do We Prove It Was a Wrongful Death?
To prove it was a wrongful death, a plaintiff must show that the defendant’s negligent, reckless, or intentional actions caused the death to happen. Negligence means the failure to take the care that a reasonable person would have taken in the same situation. Reckless and intentional actions go beyond not being careful. Reckless actions are done without regard for the consequences. Intentional actions are done deliberately and on purpose. Negligent actions are the most common type in a wrongful death lawsuit. In addition to showing negligence, the plaintiff must show causation – a link between the defendant’s actions and the death.
You may be feeling overwhelmed by all these requirements. That is only one reason why we highly suggest finding an experienced lawyer to guide you through the process. A good lawyer will investigate your claim, locate evidence to support it, file a lawsuit on your behalf, and advocate for you in court and in communications with the defendants and their lawyers.
What Can My Family Receive from a Lawsuit?
You may be thinking, “A lawsuit can’t bring my family member back to life. Why should I pursue a case?” A wrongful death lawsuit provides a means to hold accountable the wrongdoers responsible for your loved one’s death. Having the opportunity to see justice served can be powerful for the grieving and healing processes.
In addition, your family could receive compensation from the lawsuit or a settlement (an agreement reached to exchange money for ending the legal case). Many families who lose loved ones to accidents sorely need the financial help. Often, the need for compensation stems from the loss of an income. In addition, funeral expenses and medical bills add up quickly. While there is no guarantee that you will receive compensation sufficient for your family, our lawyers work on a contingency basis. That means you pay us nothing upfront, and we only get paid if you win. A contingency fee structure and our competitive drive fuel Allen & Nunnally’s attorneys’ hard work and perseverance on your case.
Who Can File a Wrongful Death Lawsuit?
In Texas, only the surviving spouse, children, and parents of the deceased person can pursue a wrongful death lawsuit. All of them can be plaintiffs, or only one can be a plaintiff. In either case, the lawsuit is pursued for the benefit of all. If the plaintiff wins damages, they are shared among the spouse, children, and parents.
Also, the family member can only pursue a wrongful death lawsuit if the person who died “would have been entitled to bring an action for the injury if the individual had lived”. In other words, if your deceased family member had lived through the accident and would have had legal standing to sue the defendant, then instead, their family member can pursue the lawsuit on their behalf.
Finally, you should act quickly to file the lawsuit. If you don’t file a case within three months of your loved one’s death, then the estate administrator or executor is empowered to file it instead. Family members or the executor have only two years to file a lawsuit before the claim becomes time-barred.
“No Better Friend” “No Worse Enemy”
Are you and your family struggling to figure out your next steps 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.