From a legal perspective, wrongful death refers to an individual’s passing based on the willful or negligent behavior of another individual or entity. Wrongful deaths most commonly come as the result of medical malpractice, criminal activity, motor vehicle accidents, defective products, or work-related fatalities. The goal of filing suit is to seek damages related to lost wages, mental anguish, and loss of support. The three primary forms of wrongful death cases include the following:
The first step in pursuing a wrongful death claim is to hire a qualified law firm to represent the bereaved. Make absolutely sure that you feel comfortable with the attorneys who will be representing you, and look into their track record in cases such as these. There are dozens of specialties within the law profession, meaning that certain firms will be more experienced and adept at handling wrongful death cases. It’s also important to know that most defendants will be far more likely to settle for a favorable sum with an experienced wrongful death attorney who possesses an excellent track record. The attorneys at Crosley Law Firm have a long and successful history of pursuing wrongful death claims.
Once you have retained qualified and skilled representation, your legal team will perform an investigation aimed at determining which individuals or entities bear legal responsibility. They also may assist in arranging the appointment of the proper personal representative for the estate, and ensuring that the probate estate has been opened when required. Your attorney will also create a discovery strategy that lays out which witnesses will be identified or subpoenaed, and what documents or other information will need to be obtained to prove the case.
Depending on the circumstances surrounding the incident, a wrongful death attorney may seek the following damages:
In the state of Texas, the spouse, parents, or children of the deceased can file a wrongful death suit, but siblings may not. It is also important to remember that the statute of limitations for filing a wrongful death suit in Texas is generally two years from the incident that caused the death. Because of the background work involved, however, most attorneys prefer to begin the preparation of a wrongful death case much sooner than this, so the sooner you begin this often lengthy process, the better.
At Crosley Law Firm, our attorneys possess a wealth of knowledge and experience handling wrongful death cases. We empathize with our clients’ unique circumstances and work to mitigate the stress and turmoil of executing civil action while you are already enduring indefinable grief. We offer free consultations and a “no fee” policy so that our clients do not pay legal fees unless a settlement is reached or the case is successfully litigated in court. Please call us at 210-LAW-3000 or submit your case online for a free review to learn more about the Crosley approach or to schedule your free consultation.