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How To File A Wrongful Death Claim in Texas

Posted on 03/09/22

If you have lost a loved one as a result of the careless or negligent actions of another individual or entity in Texas, then we understand that you are going through an unimaginably hard time. We encourage you to speak to a skilled Laredo accident attorney who has experience handling complex claims like this. Filing a wrongful death claim is a challenging process, but we want to outline the basic steps of these claims so that you have an idea of what to expect.

Speak to an Attorney

If you suspect that your loved one lost their life due to the actions of another individual or entity, you need to speak to an injury lawyer in Laredo as soon as possible. Even if there is only a small chance that a wrongful death claim exists, you need to have a lawyer in place handling the case from the beginning. Most attorneys will offer a free consultation of your claim.

Get the Death Certificate

Before you can begin the wrongful death claim process, it is important that you have the death certificate. This will document the fact and causes of your loved one’s death. Typically, you can obtain a copy of the death certificate at the county clerk’s office in the county where the person lost their life.

Examine the Will

If your family member left behind a will, then there will likely be an executor or personal representative named for the estate. This individual can file a wrongful death claim, survival action, or both claims on behalf of the family members. If there was no will, the courts will name a personal representative to handle the estate.

Gather Evidence

You will need to have evidence to demonstrate that your loved one lost their life due to the negligent actions of another person. Gathering evidence can be challenging, which is why we recommend working with an attorney early in this process. Your lawyer can work to gather persuasive evidence, including medical records, accident reports, eyewitness statements, and photographs or video from the accident scene.

Identify Survivors

Only certain family members and the personal representative of the deceased’s estate can file wrongful death claims. These individuals have to be identified and notified before the wrongful death claim proceeds. Survival actions are brought by the representative of the deceased’s estate, and this representative may or may not be one of the family members able to receive compensation.

Document all Losses 

It is crucial to document all losses the surviving family members and the estate sustained as a result of the deceased’s untimely death. This can include funeral and burial expenses, medical bills the deceased experienced after the incident but before their death, loss of expected future income the deceased would have earned, loss of family support, pain and suffering damages, and more.

Call a Wrongful Death Attorney Today

If you have lost somebody that you love as a result of the negligent, intentional, or careless actions of another individual or entity in Texas, you need to speak to an attorney immediately. At Nevárez Law Group, our Laredo wrongful death lawyers can help handle every aspect of the claim on your behalf. We will investigate the incident, gather the evidence needed to prove liability, and help you file the claim on time and properly.