Losing a family member in a preventable accident can be stressful and overwhelming, making it difficult to know what to do and when to take certain actions. You may not know when you should reach out to a wrongful death lawyer after the tragic incident. Truthfully, the best time to seek legal guidance is as soon as possible after the accident.
When you reach out sooner rather than later, a Dallas wrongful death lawyer can conduct a thorough investigation. They will also have time to build the strongest possible case on your behalf and meet all relevant filing deadlines.
Reach Out to a Wrongful Death Lawyer as Soon as You Can
The sooner you contact a personal injury law firm near you, the better, since early intervention means they can preserve evidence and speak to witnesses immediately. It also means your attorney has time to:
- Explore all Texas laws relevant to your case
- Collect evidence from the accident scene
- Prove your family has a valid legal claim
- Request and track supporting evidence
- Communicate with the insurance provider
Wrongful death lawyers typically work on a contingency fee basis, meaning you do not have to pay anything upfront. This fee structure can help you get started immediately, since out-of-pocket costs are not a deterrent to hiring a Dallas personal injury lawyer.
Is There a Time Limit to Filing a Wrongful Death Lawsuit?
In addition to the benefits of getting legal support early, your lawsuit also has a state-mandated time restriction. According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file your wrongful death lawsuit. If you do not file within the allotted time:
- The court will refuse to allow its filing
- It will be dismissed without being heard
- You will lose the legal right to compel compensation
Complying with the statute of limitations can be difficult on your own, since it can fluctuate based on various factors. By reaching out to a wrongful death attorney immediately, they will have time to determine the appropriate filing deadline for you.
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Wrongful Death Compensation Your Lawyer Will Pursue for Your Family
It can be hard to know how much you can sue for in a wrongful death case. Like all personal injury cases, your wrongful death case allows you to seek economic and non-economic damages.
Wrongful death compensation often includes:
- Funeral and burial expenses
- Loss of household income
- Loss of companionship
- Loss of consortium
- Loss of guidance and support
Your lawyer will handle the negotiation process, including fielding offers, weighing their pros and cons, and making appropriate counteroffers. They will also clarify the potential timeline of your case, including your role in the settlement process, since the final decision is yours to make.
What Are Survivors’ Damages in a Wrongful Death Case?
If your loved one would have had a valid personal injury claim had they survived the accident, your family can seek those damages as well. A survival claim allows you to request fair compensation for the decedent’s:
- Physical pain and suffering
- Mental and emotional anguish
- Property damages or destruction
- Medical expenses
Your lawyer will document the value of these losses and include them in your compensation request.
A Wrongful Death Attorney Can Fight for Your Family While You Take Care of Each Other
Dealing with the aftermath of a sudden and unexpected loss takes time. While your family copes with its loss, your personal injury attorney can strengthen and support your case in the following ways:
- Investigate every aspect of the accident
- Gather physical and documentary evidence
- Obtain all relevant reports and records
- Draft and file your insurance claim or lawsuit
- Handle all case-related communication
- Clarify legal and insurance jargon
- Negotiate with the insurance company for a fair settlement
- Provide regular updates on your case
Your lawyer can also interview witnesses who support your family’s wrongful death claim. Both lay and expert witnesses play important roles in your case. Each can provide testimony that supports your allegations and your right to damages.
Lay witnesses can provide impartial data from varying points of view, creating a complete picture of the fatal accident’s circumstances. Expert witnesses can reconstruct the accident scene, prove your financial damages, and identify the negligence-based deviation from the at-fault party’s duty of care.
How Will a Lawyer Prove the Responsible Party Acted Negligently?
According to Texas Civil Practice and Remedies Code § 71.002, wrongful death cases are based on another person’s or entity’s negligence, carelessness, or recklessness. Your legal team will collect evidence that aims to prove the legal components of negligence, including duty of care, breach of duty, causation, and damages.
These elements define the action that led to the accident and its direct correlation to your loved one’s death. They also define the accident’s financial aftermath and document its impact on your family.
What Evidence Will Your Wrongful Death Lawyer Collect?
Evidence that meets the required burden of proof in wrongful death cases can include:
- Eyewitness testimony
- Forensic evidence and reports
- Accident reconstruction reports
- Blood alcohol concentration test results
- Medical and financial expert testimonials
- Police, animal control, and incident reports
- Medical, rehab, and therapy records and bills
- Smartphone, security, and dashcam footage
The evidence your wrongful death attorney compiles will vary based on the type of accident that claimed your loved one’s life and the specific circumstances of your case. You do not have to collect evidence alone. Your attorney will handle it for you, allowing you to avoid emotionally triggering evidence, while they build a solid case file.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Learn More About Your Family’s Rights After a Wrongful Death
If your family lost a loved one because of someone else’s negligent action, you should reach out to a wrongful death lawyer. The best time to take legal action is as soon as possible, while evidence is still fresh and plenty of time remains before the filing deadline.
You do not have to pursue wrongful death damages on your own. Start fighting for your family’s financial recovery by contacting our consultation team at Loncar Lyon Jenkins today.