Help for your family after a wrongful death

We are sorry for your loss. Chavez Law Firm can investigate what happened, explain who may bring a claim, and help your family evaluate the next steps. You can focus on your family while we handle the legal work in an accepted case.

Protecting a wrongful death claim while your family grieves

Do not assume there is no claim before the circumstances have been reviewed. The loss of a loved one who did not earn wages can still raise important legal questions. A consultation can help identify the eligible family members, the available evidence, and the distinction between a family’s claim and an estate’s claim.

Preserve evidence before it disappears

Security footage may be overwritten, equipment repaired, and witnesses’ contact details may change. Keep incident reports, photographs, correspondence, medical records already available to you, and the names of witnesses. Do not enter restricted property or alter potential evidence. Tell the attorney about nearby cameras and anyone who may have seen what happened so preservation requests can be considered promptly.

Handle insurance requests carefully

Before giving a recorded statement, identify which insurer is requesting it and seek advice about your obligations. Requests from another party’s insurer differ from duties under a policy that covers your family. Do not ignore a policy deadline, speculate about fault, or sign an unfamiliar release under pressure. Keep a record of calls, letters, offers, and documents so counsel can evaluate them in context.

Ask about fees, investigation, and the path to resolution

Ask how the proposed fee agreement handles attorney fees, investigation costs, litigation expenses, and the possibility of no recovery. A claim’s value cannot reliably be established without investigating responsibility and documenting losses. The time needed may depend on evidence collection, disputed issues, settlement discussions, and court scheduling. Trial experience matters, but neither settlement nor a particular trial result can be promised.

Call (915) 995-5777 or request a free consultation to discuss your family’s circumstances.

Types of Texas Wrongful Death Cases

When you say wrongful death, it is an umbrella term that encompasses many different types of fatal accidents. What all these accidents have in common is that the fatality was due to negligence. These cases are typically handled in civil court. The most common types of wrongful death cases in Texas have included:

• Truck and motorcycle accidents
• Slip and falls
• Drowning
• Workplace injury
• Nursing home negligence
• Construction accidents
• Bicycle accidents
• Medical malpractice

Our attorneys know how to handle these cases and have successfully done so in the past. Each accident has very particular details and requires a level of expertise. You want to ensure that the attorney you hire knows how to handle your case. Who you decide to hire to represent your wrongful death claim can make all the difference in the outcome of your case. Make sure you are hiring someone who will represent you well.

Damages Caused by Wrongful Death

Fatal accidents can have extensive ramifications for the victim’s family and dependents. Emotional damages go without saying. Grief and suffering after the loss of a loved one may not have a set financial value, but a skilled lawyer can maximize the amount of compensation for such damages. Actual financial damages can include funeral and burial costs, as well as grief counseling. The liable party could also be held responsible for any medical bills and property damages that occurred before the victim passed away.

Wrongful Death and Survival Claims Are Different

A wrongful death action concerns the losses of the eligible surviving family members. A survival action preserves a claim the deceased person could have brought and generally proceeds for the estate. Losses suffered before death should not be confused with the survivors’ own losses. The evidence, proper claimant, and allocation of any recovery need careful review; neither type of claim guarantees compensation.

Texas Civil Practice and Remedies Code Chapter 71 addresses both actions.

Length of Time You Have to File a Wrongful Death Claim in Texas

Under Section 16.003(b), a wrongful death action generally must be filed within two years after the death. Exceptions and different rules can apply, and claims involving governmental entities may require much earlier notice. A survival claim may involve a different timing analysis. Do not assume an insurance claim or negotiations pause a lawsuit deadline.

Understanding Wrongful Death Claims in Texas

Wrongful death claims arise when a person’s death is caused by the negligent, reckless, or intentional actions of another party. These claims allow surviving family members or beneficiaries to hold the responsible party accountable for their actions and seek compensation for the damages incurred as a result of the loss.

In Texas, wrongful death claims specifically address situations where the deceased person would have had a viable personal injury claim had they survived the accident. This means that if the deceased person would have been able to file a personal injury lawsuit against the at-fault party had they lived, their surviving family members can now file a wrongful death claim.

Requirements for Filing a Wrongful Death Claim in Texas

To file a wrongful death claim in Texas after a fatal incident, certain requirements must be met. These requirements help establish the eligibility of the claim and ensure that the legal process is properly followed. The key requirements include:

• Eligible Plaintiffs: In Texas, the surviving spouse, children, and parents of the deceased person are considered eligible plaintiffs for filing a wrongful death claim. If no eligible individual starts the action within three calendar months after the death, the executor or administrator must bring it unless all eligible individuals request otherwise.
• Time Limit (Statute of Limitations): It’s important to file a wrongful death claim within the statute of limitations, which in Texas is generally two years from the date of the deceased person’s death. Failing to file within this timeframe may result in the claim being barred.
• Establishing Negligence or Wrongful Conduct: To succeed in a wrongful death claim, the plaintiff must demonstrate that the death was caused by the negligence, recklessness, or intentional misconduct of the defendant. This involves proving that the defendant had a duty of care, breached that duty, and that the breach directly led to the fatal incident.
• Damages: Wrongful death claims seek to compensate the surviving family members for the damages they have suffered as a result of the loss. These damages can include medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and emotional pain and suffering.

Navigating the Legal Process

The process of filing a wrongful death claim in Texas cases can be complex and emotionally challenging. Seeking the guidance of an experienced and compassionate attorney is crucial to ensure that your rights are protected and that you receive the compensation you deserve.

• Consultation: The first step is to consult with a reputable attorney who specializes in wrongful death claims. An attorney will evaluate the details of the case, gather evidence, and provide an initial assessment of the claim’s viability.
• Investigation: Your attorney will conduct a thorough investigation into the circumstances surrounding the accident. This may involve collecting police reports, eyewitness testimonies, medical records, and other relevant evidence to establish the defendant’s liability.
• Negotiation and Settlement: In many cases, the responsible party’s insurance company will attempt to settle the claim outside of court. Your attorney will engage in negotiations to secure a fair settlement that adequately compensates you for your losses.
• Litigation: If a fair settlement cannot be reached, your attorney will prepare and file a lawsuit on your behalf. The legal process may involve discovery, depositions, and court appearances. Throughout this process, your attorney will advocate for your rights and fight for the compensation you deserve.
• Trial and Resolution: If the case proceeds to trial, your attorney will present your case to a judge and jury. A verdict will be reached, and if successful, you will be awarded compensation for the damages incurred. If the verdict is in your favor, the responsible party may appeal the decision, further extending the legal process.

While the legal process is essential for seeking justice and compensation in a wrongful death claim, it’s equally important to acknowledge and address the emotional impact of losing a loved one in a fatal incident. The aftermath of such a tragic event can be overwhelming, and finding ways to cope and heal is crucial for your well-being.

• Allow Yourself to Grieve: Grieving is a natural response to loss, and there is no right or wrong way to do it. Each person’s journey is unique, and it’s important to give yourself permission to feel a wide range of emotions, from anger and sadness to confusion and even relief. Surround yourself with a support system of family and friends who can offer comfort and understanding.
• Seek Professional Help: The emotional toll of losing a loved one unexpectedly can be immense. Consider seeking the guidance of a mental health professional who specializes in grief counseling. Therapy can provide a safe space to process your feelings, develop coping strategies, and work through the complex emotions that arise during this time.
• Preserve Memories: Cherishing the memories of your loved one can be a powerful way to honor their life. Create a memorial, scrapbook, or digital album that celebrates their achievements, milestones and the special moments you shared. This creative outlet can serve as a positive way to channel your emotions and remember your loved one fondly.
• Connect with Support Groups: Connecting with others who have experienced similar losses can provide a sense of understanding and camaraderie. Support groups for grieving individuals can be found both online and in person. Sharing your feelings with those who can relate may help you feel less isolated on your grief journey.
• Take Care of Yourself: Grief can take a toll on your physical well-being, so it’s important to prioritize self-care. Maintain a healthy routine by eating well, exercising, and getting enough rest. Engage in activities that bring you joy and relaxation, whether it’s reading, walking in nature, or practicing mindfulness.
• Celebrate Life: While it’s natural to focus on the loss, it’s also essential to celebrate the life your loved one lived. Consider organizing a memorial service or tribute that reflects their personality, passions, and accomplishments. Celebrating their life can help shift the focus from the tragedy of their death to the positive impact they had on those around them.
• Honor Their Legacy: Many families find solace in creating a lasting legacy for their loved one. This could involve starting a scholarship fund, supporting a cause they were passionate about, or participating in community service in their memory. Doing something positive in their name can bring a sense of purpose and honor to their memory.
• Embrace Small Steps: Healing from the loss of a loved one is a gradual process that unfolds over time. Embrace small steps of progress and give yourself permission to take breaks when needed. Some days may be more challenging than others, but each step forward, no matter how small, is a testament to your strength and resilience.

Losing a loved one in a fatal Texas incident due to someone else’s negligence is a tragic and painful experience. Wrongful death claims provide a way for surviving family members to seek justice and compensation for their losses. By understanding the requirements for filing a wrongful death claim in Texas, you can take the first steps toward holding the responsible party accountable and obtaining the financial support you need during this difficult time.

Frequently Asked Wrongful Death Questions