Losing a loved one is an indescribable pain, especially when their passing results from the negligence or misconduct of another. During such painful times, the prospect of filing a wrongful death claim might seem overwhelming, but it can be a vital step toward finding justice and securing financial relief for the challenges that lie ahead. While no amount of money will ever make up for your losses, it can provide the financial support you need to grieve properly. 

At Byrd Davis Alden & Henrichson, LLP, we extend our deepest condolences to those who have lost loved ones. We recognize that the pain endured is immeasurable, and we want you to know that you don’t have to navigate this journey alone. Our team of compassionate attorneys is here to offer unwavering support and guidance as you consider pursuing a wrongful death claim. With decades of experience handling such delicate matters, we understand the intricacies of Texas law and can help you make informed decisions during this challenging time.

Understanding Wrongful Death Lawsuits

A wrongful death lawsuit provides a legal recourse for immediate family members when another party’s wrongful actions cause a loved one’s demise. Wrongful death claims can encompass various scenarios, including car accidents, medical malpractice, or even defective product injuries. Filing a wrongful death claim hinges on establishing the victim’s death resulted from negligence, carelessness, or default on the part of the responsible party.

Steps in a Wrongful Death Suit

In Texas, specific family members are eligible to file a wrongful death lawsuit, including the surviving spouse, children, and parents of the deceased. If none of these family members file a claim within three months of the death, the personal representative or administrator of the deceased’s estate can pursue legal action. It’s crucial to initiate this process promptly, as Texas law imposes a two-year statute of limitations from the date of death. This is why it’s essential to consult with an attorney who can help you navigate the complexities and guide the grieving family through the necessary steps to seek justice.

• Obtaining a Death Certificate: Before you can file a claim, you need to obtain a death certificate. This document, available from the county clerk’s office or online from the Texas Department of State Health Services, outlines the cause and details of the deceased’s demise.
• Determining the Existence of a Will: If a will exists, it typically designates the executor or personal representative of the estate. In cases without a will, the courts will appoint a personal representative.
• Investigating the Deceased’s Death: Building a compelling case requires thorough investigation, involving gathering evidence like medical records, accident reports, eyewitness accounts, and scene photos. This evidence strengthens the claim and enhances the chances of securing full compensation.
• Identifying Eligible Survivors: Only specific family members and the representative of the deceased’s estate can file wrongful death claims. These individuals must be identified and notified before proceeding.
• Documenting Losses: To pursue maximum compensation, the family and their attorney must document all losses suffered due to the untimely death. This may include funeral expenses, medical bills, lost earnings, and emotional and financial support losses.

Seeking justice through a wrongful death claim is challenging, but it serves as a crucial step toward holding negligent parties accountable and obtaining the compensation needed for the family’s recovery. 

Contact Our Experienced Wrongful Death Attorneys Today

In moments of profound loss, the grief that accompanies a wrongful death can be overwhelming, making it incredibly difficult to focus on anything, especially legal proceedings. This is where contacting an experienced attorney is crucial. They are the clear-headed person who is dedicated to protecting your best interests and ensuring your family gets the justice you deserve.

At Byrd Davis Alden & Henrichson, LLP, we understand the emotional weight that accompanies seeking justice for your loved one, and we extend our deepest condolences for your pain. Our experienced legal team stands ready to listen, guide, and advocate on your behalf. Together, we can pursue the compensation your family deserves, honoring the memory of your loved one and holding those responsible accountable for their actions. Contact our firm today through our contact form or by calling us at (512) 253-3948.