When a loved one dies due to another party’s negligence, the lives of those dependent on them undergo a sudden and profound change. In addition to coping with the absence of the deceased, particularly when they were the primary breadwinners, the family must also endure significant mental anguish for the rest of their lives. At Lone Star Injury Attorneys, we strongly believe that those responsible for fatal accidents should be held accountable for their actions. You have the right to pursue a wrongful death action against those liable for the loss of your loved one.
The grieving process has no set timeframe and may feel like an eternal healing journey. In such circumstances, initiating legal action against the responsible parties may seem overwhelming for the victim’s estate. However, with an experienced wrongful death lawyer from our firm, you can hold the at-fault parties accountable for the loss you have suffered. While no amount of compensation can replace the life of a loved one, the funds recovered can significantly alleviate the financial burden arising from their death. Our compassionate personal injury attorneys are here to guide you through the claims process and handle all the legal aspects of your case.
How Do I File a Wrongful Death Claim?
The first step in filing a wrongful death lawsuit is establishing that there is indeed a viable claim. To determine whether you have a legal basis for a claim, several criteria must be met. First, there must be a death. If the victim sustained serious injuries but survived, this would fall under a standard personal injury lawsuit. Second, your attorney must demonstrate that the death was caused by someone else’s negligence. For example, if your loved one died in a car accident caused by a drunk driver, you must show how the driver’s breach of duty resulted in the crash and that your loved one would be alive if the defendant had not been negligent.
Next, it is important to understand that not everyone can file a wrongful death claim. Typically, the deceased’s estate, immediate family members, including spouses, children, and parents, can file a wrongful death lawsuit. However, this may vary depending on state laws, and it is advisable to discuss this with an attorney familiar with local regulations. In Texas, for instance, a personal representative of the victim is responsible for the legal procedures and distribution of the deceased’s estate.
Once you have determined the appropriate person to represent you in the legal process, it is crucial to be aware that there are statutes of limitations for wrongful death cases. Generally, you have up to two years from the time of your loved one’s death to file a claim. Finally, the last step involves filing a formal lawsuit in the appropriate court. Wrongful death claims can be more complex, time-consuming, and costly compared to personal injury lawsuits. Although you are not prohibited from filing the claim on your own, it is in your best interest to consult with a legal professional. A knowledgeable Richmond wrongful death attorney understands the applicable laws and will support you throughout the legal process.
For a free legal consultation with a wrongful death lawyer serving Richmond, call (832) 449-8230
Common Causes of Wrongful Death
Generally speaking, any personal injury lawsuit may lead to a wrongful death claim if the injured person does not survive. Since the deceased is unable to pursue legal action, the responsibility is passed on to their surviving estate.
Some of the most common scenarios resulting in wrongful death claims include:
Workplace Accidents
Construction sites can be some of the most dangerous places to work. Unsafe conditions can endanger both workers and passersby. Common hazards include falling objects, slip-and-fall incidents, falls from heights, and being struck by machinery, all of which can lead to fatalities. If negligence is found to have contributed to your loved one’s death, our compassionate Fresno wrongful death attorneys will explore various legal avenues for justice.
Auto Wrecks
Traffic accidents, including cars, trucks, motorcycles, pedestrians, buses, and bicycles, are among the leading causes of wrongful death in Texas and across the United States. When motorists and related parties fail to observe the standard of care required under traffic laws, fatal crashes can occur. According to the National Highway Traffic Safety Administration (NHTSA), someone is killed every two minutes in auto accidents involving negligence. Common negligent behaviors include drunk driving, unsafe lane changes, distracted driving, and improper vehicle maintenance.
Medical Malpractice
When a medical practitioner fails to uphold the standard of care, mistakes that result in death may occur. If a loved one dies due to surgical errors, defective medical devices, or incorrect prescriptions, civil charges can be filed against individual professionals or the entire hospital management. Determining who to sue in a medical malpractice case requires a knowledgeable attorney who can help identify and apportion fault.
The lawyers at our firm have extensive experience handling claims resulting from these and other tragic accidents. As qualified attorneys, we are familiar with the relevant laws applicable to your case and will champion your best interests throughout the entire process.
Richmond Wrongful Death Lawyer Near Me (832) 449-8230
Are There Any Exceptions to the Statute of Limitations in a Fatal Accident Case?
As mentioned earlier, there is a maximum two-year period to file a wrongful death claim. If this timeframe expires before your case is brought forward, you risk losing your rights to seek legal compensation. While courts generally adhere to strict guidelines regarding the statute of limitations, there are a few exceptions where the time limit may be extended. These exceptions include cases involving homicides, medical malpractice, and incidents involving government entities.
Murder & Homicides
Homicides and murders are often meticulously planned, and it may take months or even years to build a solid case and identify the responsible party. In such cases, the statute of limitations does not begin until the guilty party is determined.
Medical Malpractice
When you receive news that your loved one died in a hospital, it is not always immediately evident that medical negligence caused their death. It may take time before the cause of death becomes apparent, even after the burial. In such circumstances, the statute of limitations is considered to begin at the moment you discover the cause of death, rather than the actual time of death.
Government Entities
The time it takes for the statute of limitations to lapse may vary in cases involving government entities and wrongful death. However, this does not apply universally to all state entities. If your wrongful death case involves a government entity, it is highly advisable to discuss the specifics with a lawyer in Richmond.
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Our Richmond Wrongful Death Attorneys Can Help
Fatal accident claims are highly challenging and can be overwhelming for grieving families, making it difficult to pursue full justice on their own. Our Richmond wrongful death lawyers are here to support you, relieving you of the burden of navigating complex court processes while dealing with your grief. Contact our offices today to schedule a free consultation and discuss your case.
Call or text (832) 449-8230 or complete a Free Case Evaluation form