How a Wrongful Death Lawsuit Works

The term wrongful death is used to describe the untimely death of a person from causes that resulted from negligence or intentional harm that wouldn’t have otherwise occurred had the person not been subjected to that negligence or harm. Wrongful death claims can be brought in car accident cases and other types of personal injury cases. A representative of the deceased person’s estate, surviving family members and others may bring a wrongful death claim against the individual or entity who is purportedly liable for the death.

For a defendant to be held liable for the decedent’s death in the case of negligence, it must be proved that the defendant owed a duty of care to the decedent, the defendant breached this duty of care, and the result of this caused the decedent’s death, which caused plaintiffs’ damages. If a lawsuit is necessary, a petition is filed against the defendant and the defendant is required to answer that petition in a specified amount of time. Thereafter, both parties may, and should, engage in the discovery process. This includes exchanging written requests for information surrounding the circumstances of the case and pertinent documents. Both parties, and other individuals with relevant information, may also be deposed for further investigation of the circumstances surrounding the case. Most often, personal injury claims settle before they go to trial. However, there are times that they do go to trial. An Austin Wrongful Death Lawyer can assist with your wrongful death lawsuit and should be contacted immediately following an incident to ensure procedures are followed correctly.

In wrongful death claims and other personal injury claims, it’s essential to contact an Austin wrongful death lawyer immediately. The statute of limitations for wrongful death in Texas is two years and many actions must be take immediately to preserve a case and ensure fair compensation.  If incident has occurred in which your loved one has been unfairly taken from you, we encourage you to Contact Terry & Kelly, PLLC immediately to discuss the details of your case.

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