Wrongful Death Claims: A Guide for Families Seeking Justice

Losing a loved one is a heartbreaking experience, and when the death occurs due to someone else’s negligence or wrongful actions, the emotional burden can feel overwhelming. Families left behind face not only grief but also the challenge of rebuilding their lives while seeking justice. At McGilberry & Shirer, we understand how devastating wrongful death cases can be, and we are here to provide guidance, legal expertise, and unwavering support.

This comprehensive guide aims to help families understand wrongful death claims in Texas, the legal process involved, and the types of compensation available.

What Is a Wrongful Death Claim?

A wrongful death claim arises when someone’s life is cut short due to the negligence, recklessness, or intentional actions of another party. These claims are designed to hold the responsible party accountable and provide financial compensation to surviving family members for their losses.

Common Causes of Wrongful Death

• Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents are leading causes of wrongful deaths.
• Workplace Accidents: Construction site injuries, industrial mishaps, and unsafe work environments can lead to fatal incidents.
• Medical Malpractice: Errors such as misdiagnoses, surgical mistakes, and medication errors.
• Defective Products: Faulty equipment, unsafe consumer goods, or dangerous pharmaceuticals.
• Premises Liability: Unsafe property conditions, including slip and falls or lack of security measures.
• Criminal Acts: Assaults, homicides, or other intentional acts of violence.

Who Can File a Wrongful Death Claim in Texas?

Texas law restricts who can file a wrongful death lawsuit to specific family members. These include:

• Surviving Spouse: Eligible to claim for loss of companionship and financial support.
• Children: Both adult and minor children may file for loss of parental guidance and support.
• Parents: Can seek damages for the emotional pain of losing a child.
• Executor or Administrator: If immediate family members fail to file within three months, the estate’s representative may pursue a claim.

Statute of Limitations

In Texas, wrongful death claims must be filed within two years from the date of death. Exceptions may apply in certain cases, such as when new evidence comes to light.

Steps to Filing a Wrongful Death Claim

Filing a wrongful death claim involves several key steps, and each stage requires careful attention to detail.

1. Seek Legal Consultation

Start by consulting with an experienced wrongful death attorney, such as the team at McGilberry & Shirer. During this consultation:

• The attorney will review the details of the case.
• They will assess the strength of your claim.
• They will explain your rights and legal options.

2. Investigation and Evidence Collection

Your attorney will launch an in-depth investigation to gather evidence, including:

• Accident reports and medical records.
• Witness statements.
• Photographs or video footage of the incident.
• Expert opinions (e.g., accident reconstruction specialists, medical professionals).

3. Establish Liability

To succeed in a wrongful death claim, you must prove that the defendant’s negligence or wrongful actions directly caused your loved one’s death. This involves showing:

• Duty of Care: The defendant had a responsibility to act in a safe and reasonable manner.
• Breach of Duty: The defendant failed to uphold this responsibility.
• Causation: The breach directly led to the fatal incident.
• Damages: The surviving family members suffered measurable losses.

4. File the Claim

Your attorney will file a formal claim or lawsuit on your behalf, outlining the evidence and the compensation you seek. This is often filed against an insurance company, employer, individual, or corporation.

5. Negotiations and Settlements

Many wrongful death cases are resolved through out-of-court settlements. Your attorney will negotiate aggressively to ensure you receive fair compensation. If a settlement cannot be reached, the case may proceed to trial.

6. Trial (If Necessary)

If the case goes to court, your attorney will present evidence, call witnesses, and argue on your behalf to secure a favorable verdict.

What Damages Can Be Recovered in a Wrongful Death Claim?

Compensation in wrongful death cases aims to provide financial relief and acknowledge the emotional toll of losing a loved one. These damages are divided into economic and non-economic categories.

Economic Damages

• Medical Expenses: Costs of treatment or care before death.
• Funeral and Burial Costs: Reimbursement for these often significant expenses.
• Lost Income: Compensation for wages the deceased would have earned.
• Loss of Services: Reimbursement for household tasks or childcare previously provided by the deceased.

Non-Economic Damages

• Pain and Suffering: Emotional distress endured by surviving family members.
• Loss of Companionship: The absence of the deceased’s love, guidance, and support.
• Loss of Parental Guidance: For children deprived of a parent’s mentorship and care.

Punitive Damages

In cases of extreme negligence or intentional harm, Texas courts may award punitive damages to punish the wrongdoer and deter similar actions.

Why Choose McGilberry & Shirer?

At McGilberry & Shirer, we understand the immense pain and uncertainty families face after losing a loved one. Our attorneys bring:

• Over 60 Years of Combined Experience: We’ve successfully represented thousands of clients in Texas.
• Compassionate Support: We guide families with empathy, ensuring you feel supported at every stage.
• Proven Results: Our team has secured significant settlements and verdicts for wrongful death cases.

How We Help

• Comprehensive case evaluations.
• Evidence collection and expert consultations.
• Aggressive negotiations with insurance companies.
• Court representation when necessary.

Take the First Step Toward Justice

If you’ve lost a loved one due to someone else’s negligence, McGilberry & Shirer is here to help. Our compassionate attorneys will fight tirelessly to secure the compensation you deserve. Call us today for a free consultation and let us guide you through this challenging time.