Category: Death Suit

Losing a loved one is never easy, but it can be even more devastating when their death was caused by someone else’s negligence or intentional actions. In these cases, a wrongful death suit may be necessary to seek justice and compensation for your loss.

If you are considering filing a wrongful death suit in Texas, it’s important to understand the legal process and how you can help improve your chances of winning. In this article, we’ll discuss some key steps you can take to strengthen your case and increase your chances of a successful outcome.

Understanding Wrongful Death in Texas

What is a Wrongful Death Suit?

A wrongful death suit is a civil lawsuit brought by the surviving family members of a person who has died due to the negligence or intentional actions of another party. In Texas, a wrongful death suit can be filed by the surviving spouse, children, or parents of the deceased.

What Constitutes Wrongful Death in Texas?

Under Texas law, a death is considered wrongful if it was caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. This can include a wide range of situations, such as car accidents, medical malpractice, workplace accidents, and more.

Steps to Help Your Chances of Winning a Wrongful Death Suit in Texas

1. Hire an Experienced Attorney

The first and most important step in winning a wrongful death suit in Texas is to hire an experienced attorney. A skilled attorney will have a deep understanding of the legal process and can help you navigate the complexities of your case.

When choosing an attorney in Texas, be sure to look for someone with experience specifically in wrongful death cases. They will have the knowledge and expertise necessary to build a strong case and fight for your rights.

2. Gather Evidence

To prove that the death of your loved one was wrongful, you will need to gather evidence to support your claim. This can include police reports, medical records, witness statements, and any other relevant documents.

Your attorney can help you gather and organize this evidence to present a clear and compelling case in court.

3. Prove Negligence or Intentional Actions

To win a wrongful death suit in Texas, you will need to prove that the death was caused by the negligence or intentional actions of another party. This can be a challenging task, but with the help of an experienced attorney, you can build a strong case to support your claim.

4. Be Prepared for a Long Legal Process

Wrongful death suits can be lengthy and complex legal processes. It’s important to be prepared for this and to have patience as your case moves through the court system.

Your attorney can help you understand the timeline and potential outcomes of your case and will work to keep you informed and updated throughout the process.

5. Consider Settlement Options

In some cases, it may be in your best interest to settle the case out of court. This can save time and money and can also provide a quicker resolution for all parties involved.

Your attorney often can help you negotiate a fair settlement and ensure that your rights are protected throughout the process.

6. Be Prepared for Emotional Challenges

Losing a loved one is an incredibly difficult experience, and going through a wrongful death suit can add even more emotional strain. It’s important to take care of yourself and seek support from friends, family, or a therapist if needed.

Your attorney can also provide emotional support and guidance throughout the legal process.

Common Challenges in Winning a Wrongful Death Suit in Texas

Burden of Proof

To win a wrongful death suit in Texas, you will need to prove that the death was caused by the negligence or intentional actions of another party. This can be a challenging task, as the burden of proof is on the plaintiff (the person bringing the lawsuit).

Statute of Limitations

In Texas, there is a two-year statute of limitations for filing a wrongful death suit. This means that you have two years from the date of your loved one’s death to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation.

Comparative Negligence

Texas follows a modified comparative negligence rule, which means that if the deceased person was partially at fault for their own death, the amount of compensation awarded may be reduced. For example, if the court determines that the deceased was 20% at fault for the accident, the amount of compensation awarded will be reduced by 20%.

Start Your Claim Early

It is vital to start the process of seeking civil justice as soon as possible. Often, the grief of losing a loved one is almost incapacitating. Yet, it is during this time you must act to protect your family’s financial future. Hiring a skilled attorney right away, greatly increases your chances of winning full compensation for your loss.