Fort Worth Wrongful Death Lawyer: Your Legal Options
Lost a Loved One? A Fort Worth Wrongful Death Lawyer Can Help
Losing someone you love is difficult under any circumstances. When that loss happens because another person’s negligence, carelessness, or wrongful conduct may have contributed to the death, families can face an additional layer of uncertainty and stress.
Along with grieving, family members may suddenly have to deal with medical bills, funeral expenses, lost income, insurance companies, and questions about what happened. They may also wonder whether they have legal options and who is allowed to pursue a wrongful death claim.
A Fort Worth Wrongful Death Lawyer can help a family understand its rights, investigate the circumstances surrounding the death, and determine whether a legal claim may be available under Texas law.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action that may arise when an individual’s death results from another person’s wrongful act, neglect, carelessness, unskillfulness, or default, when the legal requirements for liability are met. Texas law addresses wrongful death claims under Chapter 71 of the Texas Civil Practice and Remedies Code.
These cases can arise from many different situations, including:
- Motor vehicle crashes
- Commercial vehicle accidents
- Dangerous property conditions
- Workplace incidents
- Defective products
- Medical negligence
- Other acts or omissions that may result in a legally actionable death
Every case is different. Whether a wrongful death claim exists depends on the circumstances, available evidence, and applicable Texas law.
Who Can Bring a Wrongful Death Claim in Texas?
Not every family member automatically has the right to file a wrongful death lawsuit.
Under Texas Civil Practice and Remedies Code Section 71.004, a wrongful death action is for the benefit of the deceased person’s surviving spouse, children, and parents. Those individuals may bring the action individually, or one or more of them may bring it for the benefit of all.
What Happens if No Eligible Beneficiary Files?
Texas law also addresses situations where none of the individuals entitled to bring the action has started a case within three calendar months after the death.
In that circumstance, the deceased person’s executor or administrator generally must bring the action unless all individuals entitled to do so request otherwise.
Because family circumstances can vary, it is important to determine who has legal standing before taking action.
What Does a Wrongful Death Lawyer Do?
After a fatal accident, family members may not know where to begin. A Wrongful Death Lawyer can help organize the legal side of the situation while the family focuses on grieving and supporting one another.
Investigating What Happened
A wrongful death case may depend heavily on evidence showing how the death occurred and who may be legally responsible.
Depending on the circumstances, an attorney may examine:
- Accident reports
- Medical records
- Photographs and videos
- Witness statements
- Employment records
- Vehicle or property information
- Available surveillance footage
- Insurance documents
- Other relevant records and evidence
The purpose of an investigation is to develop a clearer understanding of what happened and whether the available evidence supports a legal claim.
Identifying Potentially Responsible Parties
Responsibility is not always as straightforward as it may seem at first.
For example, a fatal motor vehicle crash could involve questions about another driver’s conduct, a commercial employer, a vehicle owner, a defective component, or another potentially responsible party.
An attorney can examine the facts and applicable law to determine which parties may need to be considered.
What Damages May Be Available?
A wrongful death claim is intended to address losses suffered by eligible beneficiaries as a result of the death.
The damages available depend on the facts of the case and applicable law. They may involve financial and personal losses associated with the death.
Financial Losses
A family may experience significant financial changes after the death of a loved one, particularly when that person contributed income or other financial support to the household.
Depending on the circumstances, a claim may involve losses related to:
- Financial support
- Loss of services
- Loss of expected financial contributions
- Certain expenses associated with the death
The value and availability of these damages depend on the individual circumstances of the case.
Emotional and Relationship Losses
The impact of losing a loved one cannot always be measured through financial records.
Texas wrongful death law can also involve losses connected to the relationship between the deceased person and eligible family members. The nature and extent of recoverable damages depend on the evidence and applicable law.
A lawyer can explain which types of damages may be relevant to a particular situation.
Why Evidence Matters in a Wrongful Death Case
Families may understandably want answers after a loved one’s death. Unfortunately, evidence can become harder to locate or preserve as time passes.
Records may change, physical conditions may be repaired, witnesses may become difficult to locate, and memories can fade.
Preserve Available Information
Family members should keep documents and information relevant to the incident.
Depending on the circumstances, this could include:
- Accident reports
- Photographs
- Video recordings
- Insurance correspondence
- Medical records
- Bills and receipts
- Employment information
- Contact details for witnesses
- Messages or other communications related to the incident
Also avoid assuming what evidence will or will not matter. An attorney can help determine what information to preserve.
How Insurance Companies May Become Involved
Insurance companies may contact family members after a fatal accident, particularly when the incident involves a vehicle, business, property owner, or other insured party.
Families may receive questions about what happened or be presented with paperwork relating to the claim.
Be Careful With Statements and Documents
After a death, family members may not have enough information to understand a claim’s full value or legal implications.
That does not mean every insurance representative is acting improperly. It simply means families should understand what they are being asked to provide before making important decisions.
A Fort Worth Wrongful Death Lawyer can review the circumstances and help explain how the insurance process may affect a potential legal claim.
What Is the Time Limit for a Texas Wrongful Death Claim?
Time limits are particularly important in wrongful death cases.
Texas Civil Practice and Remedies Code Section 16.003 provides that a person generally must bring an action for an injury resulting in death within two years after the cause of action accrues, with the statute stating that the cause of action accrues on the death of the injured person.
However, legal deadlines can depend on the circumstances, and exceptions or other rules may affect a particular case.
Do Not Assume There Is Plenty of Time
Two years may sound like a long period, but investigating a wrongful death claim can take time.
You may need to collect evidence, review records, identify witnesses, and examine the circumstances of the death. Waiting until the deadline is approaching can make the process more difficult.
If you believe a loved one’s death may have resulted from another party’s wrongful conduct, speaking with a lawyer sooner rather than later can help you understand the potential legal timeline.
How a Fort Worth Wrongful Death Lawyer Can Help
Families do not have to determine every legal issue on their own.
A wrongful death attorney may help with several parts of the process, including:
Reviewing the Circumstances
The attorney can listen to the family’s account, review available information, and determine whether the circumstances may support a wrongful death claim.
Handling Legal Communications
A lawyer can communicate with insurance companies, opposing parties, and other representatives on the family’s behalf when appropriate.
Building the Case
If a claim moves forward, the attorney may gather evidence, identify witnesses, consult qualified experts when necessary, and develop the legal case based on the facts.
Helping the Family Understand Its Options
Most importantly, legal guidance can help family members understand their options without requiring them to navigate the process entirely on their own.
What Should You Do After a Loved One’s Wrongful Death?
No single checklist applies to every situation, but several practical steps may help.
First, focus on your immediate needs and your family’s well-being. Keep important records related to the incident and avoid discarding documents that may later become relevant.
If insurance companies or other parties contact you, keep copies of communications and ask questions if you don’t understand what they’re requesting.
Most importantly, consider getting legal advice if you believe another person’s conduct may have contributed to your loved one’s death. If you believe another party may have contributed to your loved one’s death, contact Parker Law Firm to discuss your situation and understand your legal options.
Frequently Asked Questions
What qualifies as wrongful death in Texas?
A wrongful death claim may arise when a person’s death results from another person’s wrongful act, neglect, carelessness, unskillfulness, or default, provided the legal requirements for liability are satisfied. Texas law governs these claims under Chapter 71 of the Civil Practice and Remedies Code.
Who can file a wrongful death claim in Texas?
Generally, the surviving spouse, children, and parents of the deceased are the people entitled to bring a wrongful death action under Texas law. Specific circumstances can affect how the claim is brought and who may participate.
How long do I have to file a wrongful death claim in Texas?
Texas generally provides a two-year limitations period for an action for injury resulting in death, with the cause of action accruing on the death of the injured person under Section 16.003. Exceptions and other legal rules may apply, so families should not rely on a general deadline without reviewing their specific circumstances.
What damages can a family recover in a wrongful death case?
Potential damages depend on the facts and applicable law. They may include certain financial and personal losses suffered by eligible beneficiaries because of the death. An attorney can evaluate the circumstances and explain which damages may apply.
Should I speak with a Wrongful Death Lawyer after losing a loved one?
If you believe another person’s wrongful conduct may have contributed to your loved one’s death, consulting a lawyer can help you understand your legal options, potential deadlines, and what information may be important to a claim.
Conclusion
Losing a loved one can leave a family facing emotional pain and difficult practical decisions at the same time. When another person’s conduct may have contributed to the death, understanding your legal rights can provide some clarity during an otherwise overwhelming period.
A Fort Worth Wrongful Death Lawyer can investigate the circumstances, explain the applicable Texas law, identify potential sources of compensation, and help eligible family members understand their options.
If you believe your loved one’s death may have been caused by another party’s negligence or wrongful conduct, consider speaking with an attorney about the circumstances and the legal deadlines that may apply to your situation.
