If your loved one was killed by another person’s negligence or wrongdoing, you might be entitled to compensation. In order to obtain compensation, you need to file a wrongful death claim. However, it may be challenging to determine whether you are eligible to file a wrongful death lawsuit and how to initiate the lawsuit.
At K.E. Bradley Law, our wrongful death lawyers can help you understand your rights, including your right to recovery. We know how difficult the unexpected loss of a loved one can be, which is why we fight to ensure that our clients receive the maximum compensation allowed by law. Did you lose your loved one to another person’s negligence? Contact us online or call (832) 539-8802 to schedule a consultation.
What Are the Most Common Types of Wrongful Death Cases?
In Texas, wrongful death is defined as any death that is caused by the “wrongful act, neglect, carelessness, unskillfulness or default” of another. In general, a wrongful death is one that is preventable.
The most common types of wrongful death cases include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Slip and fall accidents
- Motorcycle accidents
While these are the most common types of wrongful death lawsuits, it is important to know that any time your loved one is killed due to the wrongful act of another, you may be eligible for compensation with the help of a wrongful death attorney.
How Long Do I Have to File a Wrongful Death Lawsuit?
The state of Texas allows you two years from the date of your loved one’s death to file a wrongful death claim. This is known as the statute of limitations. Failure to file a lawsuit within the two-year statute of limitations can result in your claim for damages being denied.
While two years may seem like a long time to file a legal claim, it can go quickly. It can take months or longer to obtain the evidence that you need to move forward with your case. If you believe that you may have a valid wrongful death lawsuit, you need to speak with a wrongful death attorney as soon as possible.
Am I Eligible to File a Wrongful Death Claim in Texas?
State law allows only a few people to bring or benefit from a wrongful death lawsuit. Only the “surviving spouse, children, and parents of the deceased” may bring a wrongful death action. An individual may bring it on behalf of themselves, or one of those entitled to bring the suit may file it on behalf of themselves and others.
If the surviving spouse, children, or parents of the deceased do not file a claim within three months of the person’s death, then the executor or administrator of their estate may do so. The executor or administrator may only bring it for the benefit of the named parties.
Should I Hire a Wrongful Death Lawyer?
Proving liability in a wrongful death case can be challenging. The best way to ensure that you receive the compensation that you deserve is by retaining an attorney.
A wrongful death attorney in Missouri City can help prove liability by conducting an independent investigation into the cause of your loved one’s death. They can subpoena evidence, interview eyewitnesses, and build a strong case on your behalf. Without the help of an attorney, you may not be able to show that another person was responsible for their untimely death.
Contact Our Office for More Information
We will help you obtain the compensation that you need to alleviate some of the financial burden associated with the sudden loss of your loved one. Damages may help to pay for your loved one’s funeral expenses, lost wages, and more. Call now to discuss your case.