Losing a loved one is one of the most heartbreaking experiences anyone can face, and it becomes even more difficult when that loss is due to someone else’s negligence or wrongdoing. If you’re in this situation, Texas law provides a path for family members to seek justice and compensation through a wrongful death claim. This process aims to offer some financial relief for the family’s profound loss.
Byrd Davis Alden & Henrichson, LLP, Austin’s oldest personal injury law firm, is here to support you every step of the way. Our experienced attorneys have an outstanding track record in handling sensitive and complex cases.
Step 1: Determining Whether a Wrongful Death Claim Is Appropriate
Wrongful death claims are generally filed when a person’s death results from negligence, recklessness, or intentional harm. Family members who may file a wrongful death claim in Texas include:
- Spouse of the deceased
- Children
- Parents
During this initial stage, your attorney will listen to the facts, review any existing documentation, and explain the claim’s viability. This evaluation also involves identifying all potentially responsible parties. Your attorney’s role here is to identify every liable party, which may include multiple individuals or entities, to maximize the compensation you may be entitled to.
Step 2: Collecting Documentation to Support Your Wrongful Death Claim
The next step is to gather evidence that proves the responsible party’s negligence or substantiates your claim. That may include collecting:
- Accident reports
- Expert witness testimonies
- Medical records
- Witness statements
This investigation may involve visiting the accident site, consulting with experts, and reconstructing the event to show how negligence led to the tragic outcome.
Step 3: Attempting Pre-Litigation Settlement
Before filing a lawsuit, your attorney will often attempt to negotiate a settlement with the liable party’s legal representatives or insurance company. Many wrongful death claims can be resolved outside of court, allowing families to receive compensation more quickly than going through a full trial. Settling a case pre-trial can reduce emotional strain, but if a fair agreement cannot be reached, your attorney will prepare to proceed with filing a lawsuit to protect your right to full compensation.
While some initial offers from insurance companies might seem attractive, they’re often lower than what a family truly deserves. An experienced wrongful death attorney will negotiate on your behalf to ensure any settlement offer reflects the true extent of your loss. By working with a lawyer from Byrd Davis Alden & Henrichson, LLP, your family can secure complete compensation.
Step 4: Filing the Wrongful Death Lawsuit
If reaching a settlement isn’t possible, your attorney will proceed by filing an official wrongful death lawsuit. This filing formally initiates the court process, where a judge will guide the case toward a fair resolution.
After the wrongful death lawsuit is filed, the defendant(s) are formally notified and served. This notification step ensures all parties are informed of the lawsuit and prepared to respond as required.
Step 5: Litigation and Trial Preparation
During litigation, both sides gather information and evidence in a phase called discovery. This evidence may include:
- Depositions
- Document exchanges to strengthen each side’s case
- Interrogatories
Litigation can be lengthy, but it allows your attorney to strengthen your case by uncovering additional evidence and information. If the case proceeds to trial, your attorney will prepare you and your witnesses to testify. Trials can be emotionally demanding, but the Byrd Davis Alden & Henrichson team will provide the support and preparation you need.
Step 6: Verdict and Post-Trial Proceedings
A judge or jury will decide the outcome of your case when it goes to trial based on the evidence presented. A favorable verdict can result in compensation for medical expenses, funeral costs, pain and suffering, and other damages. While this compensation cannot undo the loss, it can provide financial security for the family.
When the case is resolved, the compensation is distributed among family members according to Texas law. This process includes careful accounting to ensure each family member receives their share of the settlement.
Consult Knowledgeable Austin Wrongful Death Attorneys for Free Today
Byrd Davis Alden & Henrichson, LLP understands the tragic impact of losing a family member and having to file a wrongful death claim. Our legal team is committed to helping you and your family seek justice and financial security during this challenging time. Our board-certified personal injury attorneys have a proven record of successfully handling wrongful death cases in Texas and are prepared to put their knowledge to work for you.
If you’re seeking compassionate, effective representation, our wrongful death lawyers are here to help. Contact Byrd Davis Alden & Henrichson in Austin by calling (512) 454-3751 or complete our contact form to schedule a free consultation.
