For anyone contemplating filing a wrongful death lawsuit, here is a brief explanation by a team of wrongful death attorneys in McAllen, TX of the legal process involved.
Who Can File a Wrongful Death Lawsuit in Texas?
According to Texas law, immediate family members may file a wrongful death lawsuit. If several members of the immediate family wish to file, they may file a joint lawsuit. Immediate family members would be the surviving spouse, the children, or the parents of the deceased.
In some cases, the executor of an estate may file on behalf of the family, if they do not file within the deadline. Extended family members are not permitted to file a wrongful death lawsuit in Texas.
What Are the Legal Grounds for a Wrongful Death Claim?
The legal grounds for a wrongful death claim may be “a wrongful act, neglect, carelessness, unskillfulness, or default.” Situations in which grounds for wrongful death commonly occur are medical malpractice, fatal car accidents, accidents at a place of work, and defective products. The plaintiffs must submit evidence, such as documentation or witness testimony, that proves that a wrongful death occurred.
What Is Involved in Filing the Lawsuit?
A wrongful death lawsuit must be filed before the statute of limitations expires. In Texas, the statute of limitations is generally two years from the time of the victim’s death. Once a lawsuit is filed, the defendant will be notified, so they can have an opportunity to respond by either denying liability and offering to provide their own evidence in their defense, or offering to settle without going to trial.
What Is the Discovery Process?
The discovery process is the official beginning of the lawsuit. It is when both sides share information with each other evidence to support their claims. During the discovery process, one side may offer to negotiate with the other side in hopes of settling without going to court. Settling without going to court can often save each side a great deal of money and time, not to mention emotional energy.
When Does the Case Go to Trial?
The case proceeds to trial if there are no successful negotiations leading to a settlement during the discovery process. During the trial, each side presents evidence, calls witnesses, and argues their side of the case. The burden of proof is on the plaintive, that is, the plaintiff must clearly prove that wrongful death was due to the defendant’s action or lack of action.
What Kind of Damages Might Be Awarded?
Under Texas law, a plaintiff in a wrongful death lawsuit may pursue three types of damages: economic damages, non-economic damages, and exemplary damages (punitive damages). Economic damages are awarded to cover the financial loss of the family members due to the wrongful death. Non-economic damages are meant to compensate for the pain and suffering or emotional distress caused by the victim’s death. Punitive damages are intended as a punishment for the defendant, to discourage any similar acts.
If you or someone you care about is considering a wrongful death lawsuit, reach out to the legal team at Almaraz Law Firm in McAllen, TX, for legal support and guidance.
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Almaraz Law Firm
212 W. Nolana Ave. McAllen, TX 78504,
8422 Fountain Circle, San Antonio, TX 78229
701B W. Indiana Ste. 20, Midland, Texas 79701
Hours: Monday-Friday 9:00am - 4:30pm
*Midland, Texas available by appt only*
