Texas law provides a path for victims to seek financial compensation when someone is injured due to another person's negligence. Whether you were hurt in a car accident, slipped and fell on someone’s […]
Losing a loved one is devastating—especially when their death could have been prevented. In these situations, families may have the legal right to pursue a wrongful death lawsuit to hold the responsible party accountable and recover compensation for financial and emotional losses. This guide walks you through each step—from eligibility and deadlines to evidence, filing, and resolution—so you know what to expect.
A wrongful death lawsuit is a civil claim brought when someone dies due to another party’s negligence, recklessness, or intentional act. These cases can involve medical malpractice, vehicle crashes, unsafe workplaces, defective products, or criminal conduct. The goal is to secure compensation for medical bills, funeral costs, lost income, and emotional harm.
State laws define who can file. Typically, the deceased person’s spouse, children, or parents (and sometimes other legal heirs or estate representatives) have standing. If you’re unsure, consult a wrongful death attorney to confirm your eligibility.
Wrongful death claims must be filed within strict time limits—often 1–3 years from the date of death, depending on your state. Missing the deadline usually bars recovery, so act promptly.
➡️ How Long Do You Have to File a Wrongful Death Claim?
Strong evidence is essential to proving liability and damages. Your legal team may collect:
Damages often include:
Your attorney drafts and files a civil complaint stating the facts, legal basis, and compensation sought. The defendant is served and must respond by a set deadline.
Both sides exchange evidence and take depositions. Many cases settle before trial through negotiation or mediation—saving time, cost, and stress. Your lawyer will advise whether offers are fair based on liability and damages.
If settlement isn’t possible, the case proceeds to trial. A judge or jury decides liability and damages after hearing witness testimony and reviewing the evidence.
If you prevail or settle, compensation may be paid as a lump sum or via structured payments. Your attorney will help finalize liens, disburse funds, and close the matter.
➡️ The Role of Expert Witnesses in Medical Malpractice Cases
EPISODE 5: What Families Should Know About Filing a Wrongful Death Lawsuit — Episode 5 walks through eligibility, deadlines, evidence, and what to expect at each stage.. We break down the process in plain language, share real examples, and answer common questions from families.
Our team will review your situation, explain your options, and handle the legal heavy lifting—so your family can focus on healing. Get a Free, Confidential Case Review today.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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