Someone you love was killed in an avoidable accident in Texas. As a spouse, parent, or child, this can be financially and emotionally devastating. While money won’t bring a loved one back, it can alleviate a sudden loss of financial support and offer some sense of justice during an unimaginable time of grief.
Dow Law Firm’s Austin wrongful death lawyers can help you fight for the compensation you deserve. You take the time you need to focus on figuring out how to move on with your life, and we’ll take care of filing your wrongful death lawsuit and demanding justice for your gut-wrenching loss.
Call our wrongful death attorneys at (512) 240-9951 for a free case review.
Who Can File a Wrongful Death Claim in Texas?
Not just anyone can file a wrongful death lawsuit in Texas. Under the state’s Wrongful Death Act, this right is specifically reserved for the:
- Surviving spouse
- Surviving child(ren), and/or
- Surviving parent(s)
If none of these parties survive the decedent, or if they don’t file within three months of the decedent’s death, the estate can file a claim. The estate also reserves the right to file a survival action if the decedent wasn’t killed instantly.
Consulting a wrongful death attorney in Austin can help determine who has the legal standing to pursue a claim on behalf of the family or estate.
What Is the Process for Filing a Texas Wrongful Death Lawsuit?
Here’s what you’ll need to do to file a wrongful death lawsuit in Texas:
- Get a copy of your loved one’s Death Certificate. This proves that they’ve passed away and provides guidance on their cause of death. You can get a copy online from the Texas Department of State Health Services or by visiting the county clerk’s office where your loved one died.
- Gather evidence to show that your loved one’s death happened because someone else was negligent. Most wrongful death cases, including those stemming from car accidents, truck accidents, and slip and fall accidents, are based on the tort of negligence, which means that another party breached a duty of care owed to them and, in turn, caused their death. Helpful evidence varies by case but generally includes accident reports, video footage, witness statements, cell phone records, photographs, medical records, and forensic reports.
- Review the decedent’s will (if they had one). If they have a will, they’ll name a personal representative. This person can file a claim on survivors’ behalf or for the estate itself.
- Submit a demand letter to the at-fault party’s insurance company. Insurance will be your primary source of compensation after a loved one’s wrongful death. Under Texas at-fault rules, you can file a claim with the at-fault party’s insurance provider to receive compensation for lost financial support from wages and other income, the value of lost household services and support, and the loss of companionship, care, and guidance you’ve experienced.
- File a wrongful death lawsuit if the insurance company doesn’t make a fair offer to settle. Sometimes the only way to get an insurance company to budge during negotiations is by filing a wrongful death lawsuit. Other times, the only way to get the result you deserve is by going to trial.
While you can do this alone, you shouldn’t have to. You’re much more likely to win your case and get the full value of your damages when you hire an experienced wrongful death lawyer near you in Texas.
Call Our Wrongful Death Attorneys for Help With a Texas Wrongful Death Lawsuit
Someone else was negligent, and your life was forever changed in an instant. You need time to grieve, and that’s hard to do when you’re trying to figure out how to file a wrongful death lawsuit and fight the insurance company on the other side of your claim. Trust the wrongful death lawyers at Dow Law Firm to do it for you.
Contact our wrongful death attorneys in Austin at (512) 240-9951 to schedule a free case review. We’re here to offer the award-winning legal representation you need during this stressful time in your life.