No one can give you an exact date for when your case will reach its conclusion. A Dallas wrongful death lawyer may be able to give an estimate of how long it typically takes to resolve a wrongful death case. They can clarify state and insurance laws that govern the timing of your case. Your lawyer can also examine the many factors that determine the timing of your case and they can protect you from the danger of accepting a speedy settlement offer.
Resolving your case can be complicated and stressful. You do not have to handle its many details alone. When a lawyer represents you, they can streamline your case as much as possible while allowing you and your family to focus on taking care of each other.
Factors That Affect the Timeline of a Wrongful Death Case
The timing of your wrongful death case can hinge on a variety of factors, making it difficult to give you an exact timeline. Possible influential factors include:
- The performance of an autopsy and the issuing of its report
- The time it takes to obtain an official death certificate
- Locating and identifying witness and obtaining their statements
- Insurance company or adjuster investigations and delay tactics
- The back-and-forth nature of the settlement negotiations process
You, too, play an important part in the timeline of your case. When you are ready to deal with the legal aspects of your loss and how soon you consult a lawyer in your area can increase or decrease the time between your loss and the resolution of your case.
Your attorney can also hold the insurance company responsible for meeting any deadlines related to investigating and responding to your claim.
Texas’ Statute of Limitations That Affect Your Wrongful Death Lawsuit
According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file your family’s wrongful death lawsuit. Failure to file your lawsuit within the allotted time could mean:
- You could be barred from filing your lawsuit at all
- Your lawsuit will be dismissed without ever being heard
- You have no further legal recourse to compel compensation
The statutory clock starts running on the date of the incident that led to your loved one’s demise. That means the sooner you get a wrongful death attorney involved in your case, the better. Early intervention means they can conduct a thorough investigation and speak to witnesses while their memories are vivid.
Damages Your Family Can Recover by Filing a Wrongful Death Action in Texas
According to Texas Civil Practice and Remedies Code § 71.002(b), certain family members can recover damages for the loss of a loved one caused by negligence or carelessness. Recoverable damages when you sue for wrongful death include:
- Medical expenses the decedent incurred
- Loss of the decedent’s financial support
- Loss of the decedent’s household support
- Mental and emotional pain and suffering
- The decedent’s funeral and burial expenses
- Loss of consortium, guidance, and society
Typically, the decedent’s parents, spouse, and children can receive compensation. In some cases, family members who were financially dependent on the decedent can also recover damages. The best way to understand your right to financial recovery is to review your familial relationship with a local law firm.
The Potential Risks of Accepting a Speedy Wrongful Death Settlement
The stress and anguish of an unexpected loss can make accepting a speedy settlement offer tempting. Doing so can also be risky because:
- It can prevent you from understanding and documenting the full extent of your recoverable damages
- You cannot request additional damages after a settlement agreement has been accepted
Allowing your lawyer to document your case and negotiate your settlement can help you maximize your financial recovery.
A Wrongful Death Attorney Will Conduct a Comprehensive Investigation
Recovering damages for the loss of a loved one means proving its cause was another person’s or entity’s negligence. Your lawyer’s investigation will prove the following components of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
To prove these elements, your legal team will investigate your loved one’s accident and build a solid evidence collection that supports your claim.
The Importance of a Compelling Evidence Collection in Wrongful Death Cases
Your lawyer will investigate how your loved one lost their life. Their goal is to identify the at-fault party and prove their negligence. The accident that caused their demise is an important factor in the type of evidence your legal team collects. In general, it can include:
- Police, incident, and animal control reports
- Medical, rehabilitation, and therapy records and bills
- Autopsy reports and death certificate
- Business, employment, and salary history records
- Accident scene photos and reconstruction reports
- Lay witness statements and expert testimonials
Your legal team will speak to witnesses, consult experts, and compile evidence that proves your case and its monetary value.
Accidents That Can Lead to a Wrongful Death Insurance Claim or Lawsuit
On your own, it can be difficult to prove whether negligence caused your loved one’s accident and demise. Our wrongful death attorney will fight hard to help your family recover damages for the loss of a loved one in the following types of negligence-based accidents:
- Car accidents
- Construction accidents
- Dangerous drug
- Defective product
- Dog bite
- Medical malpractice
- Motorcycle accidents
- Oilfield accident
- Pedestrian accident
- Slip and fall accident
- Truck accidents
Most law firms will offer a free review of your case. This initial consultation gives you the opportunity to discuss the details of your case and learn about its merits. It also gives you the chance to learn more about the law firm and its team.
Get a Free Review of Your Family’s Wrongful Death Case
If you lost a loved one due to someone else’s negligence, they can be held accountable for compensating you. When our law firm handles your case, we will explain your possible financial recovery and how long it typically takes to resolve a wrongful death case.
Learn more about your rights and the potential timeline of your case by contacting our consultation team at Loncar Lyon Jenkins today.
