How to File a Wrongful Death Claim in Texas During a Difficult Time

When you lose a loved one due to another person’s negligent action, you might wonder if you can seek compensation against the responsible party. This is possible, but you must qualify to file a wrongful death claim in Texas for the insurance company or court to entertain it. Also, you must know how to file a wrongful death claim at such a difficult time when you’re grieving the loss of your loved one.

So, in this blog, our wrongful death lawyer at Terry Bryant Accident & Injury Law will walk you through all you need to know about filing a wrongful death claim in Houston, Texas. (*Always speak directly to an attorney for legal advice. This is provided to you for informational purposes only.) We will also discuss who qualifies to file a claim and how long you have to take legal action.

Our attorneys can guide you through what to expect from the wrongful death claim process and explain your rights. We will examine the facts leading to your loved one’s death, gather necessary evidence, and inform you of how much you can receive as compensation. Our initial consultations are free, and we work on a contingency fee basis. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.

Why Hire Our Attorneys to Help You File a Wrongful Death Claim in Houston, Texas?

The wrongful death laws and process in Texas can be complex and challenging for someone without legal knowledge or experience, but this is where we come in. Our Houston wrongful death attorneys at Terry Bryant Accident & Injury Law have extensive experience with wrongful death claims (and survival actions) and knowledge of the Texas Civil Practice and Remedies Code. We will ensure that your claim meets all legal requirements and deadlines, maximizing your chances of success.

We will help you with the filing process and fight to get the full compensation for the deceased’s medical expenses and lost wages. We’ll also file to recover funeral costs, pain and suffering, and loss of companionship. We know how devastating losing a loved one is and will provide you with compassionate support while creating strategies for the best possible outcome. Contact us if you need a law firm that will treat your case with the attention and care it deserves.

Our lawyers are experienced negotiators and trial lawyers and will not back down from a fight with insurance companies, whether at the negotiation table or in a courtroom. 

Who Can File for Wrongful Death in Texas?

In Texas, only specific individuals are allowed to file a wrongful death claim under the Texas Civil Practice and Remedies Code § 71.004. These individuals include:

Immediate Family Members

Under Texas law, the spouse, children, and parents of the deceased have the right to file a wrongful death lawsuit. They may file individually or together as a group. The spouse must be a common-law spouse, and the children must be biological or legally adopted. Stepchildren and foster children do not have the right to sue.

The Executor or Personal Representative

Suppose none of the immediate family members file a wrongful death claim within three months of the deceased’s date of death. In that case, the executor or personal representative of the deceased’s estate may file the claim. However, if all the eligible family members do not want to file a lawsuit, the personal representative cannot proceed.

Who Cannot File?

Siblings of a deceased victim cannot file a wrongful death claim. This is the law, even if they are biological, half-siblings, or adopted. Also, biological parents of an adopted child cannot file a wrongful death lawsuit if the child dies. Similarly, an adopted child cannot take legal action if their biological parent dies.

How to File a Wrongful Death Claim in Houston During a Difficult Time

To file a wrongful death claim in Houston, do the following:

Get Legal Representation

Seeking compensation when grieving can be overwhelming, so we recommend talking to a lawyer instead of handling your case by yourself. Having legal representation allows you to focus on grieving your loved one while your lawyer handles every aspect of your case. Even though you are grieving, the at-fault party’s insurance company will not go easy on you. So, again, it is best to leave your case to your lawyer.

Gather Evidence

To have a strong case, you need evidence. For a wrongful death claim, you need the following:

• Death certificate (and in some cases, autopsy results)
• Medical records related to the deceased’s injuries
• Accident reports from police or other investigators
• Financial records showing lost income and expenses
• Witness statements and expert testimony to prove negligence.

The death certificate is very crucial as it shows the victim died and the cause of death. You can get a death certificate at the county clerk’s office or request one from the Texas Department of State Health Services.

Determine Whether the Victim Left a Will

If the deceased left a will, it will name their choice for the executor or personal representative of their probate estate. If you or any other eligible family member fails to file a wrongful death claim, the named person can file one. However, if the will does not name an executor or the deceased does not have a will, the court will appoint an executor.

Identify the Party Responsible

You need to identify the party who caused the victim’s death. Sometimes, the information is available immediately after the accident or event that caused the death. But if it is not, you will need to work with investigators, usually the police, to identify the party responsible. Anyone from individuals, companies, or entities can be accountable.

If the deceased died in a car accident, the negligent driver will be responsible. If it was due to medical malpractice, the doctor who attended to them or the healthcare facility could be liable. In some cases, there can be multiple liable parties, and you need to identify all of them.

Inventory Damages

When filing a claim, you must adequately list all the damages for which you want compensation. Take inventory of all losses, including the tangible and intangible ones suffered by the victim before they died and all the survivors.

File the Claim

Once you’ve done everything we’ve discussed, it is time to file the claim. You can file a third-party insurance claim with the at-fault party’s insurer. However, if the settlement offered is unsatisfactory or the insurance company denies your claim, you can file a wrongful death lawsuit. Our wrongful death lawyers can handle the filing process and help you with the entire claim.

How Long Do You Have to File a Wrongful Death Claim?

In Texas, the typical statute of limitations for a wrongful death claim is two years. (*Always speak directly to an attorney for the exact deadlines that apply to your potential claims.) The time starts counting from the day the victim died, not the day they sustained the injury, as would be the case in a personal injury claim. While two years might seem like a long time, it is better to take legal action immediately to avoid the time running out.

We Can Help You Get Justice!

At Terry Bryant Accident & Injury Law, we know how difficult losing a loved one is, and we will fight to help you get justice. We are always available to attend to you and are committed to securing the best possible outcome. Our online reviews and past client victories speak to our track record of success, and we have represented wrongful death clients’ families all over Texas. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential wrongful death case review, and begin your journey to holding those responsible for your loved one’s death accountable.