Filing a Houston Wrongful Death Action

Filing a Houston wrongful death action is similar to a personal injury case in some ways. A plaintiff has a set amount of time to act, and if their lawsuit is successful, they will be entitled to monetary damages. However, there are also significant differences between these two.

If you intend to pursue a lawsuit on behalf of your deceased loved one, you could benefit from discussing your legal options with a dedicated wrongful death attorney. Getting the most out of these cases can be difficult on your own. The support of strong legal counsel may make all the difference. Reach out today to schedule an initial consultation with our hardworking team.

Understanding the Right to Pursue Legal Action

The first step in filing a wrongful death action involves determining whether the prospective plaintiff has the right to do so. Those who can file a wrongful death action include the decedents’ closest surviving family members, namely their spouses, children, or parents. No age limits exist, meaning a child could pursue their case whether they are a minor or an adult.

While each eligible party has the right to file a lawsuit, not everyone may be ready to do so immediately. If three months pass after the death without a lawsuit, the estate’s representative can step in and file one. A legal professional could provide vital support with the filing process.

Determining Whether a Death Was Wrongful

It is important to understand the concept of ‘wrongful death’ and the need for evidence of negligence. While losing a family member is always difficult, not every death provides grounds for a lawsuit. To succeed, there must be evidence that negligence led to the fatal injury.

Wrongful death actions concern another person’s actions or omissions. For example, someone with an obligation to save another individual from drowning could be liable for a civil claim if they failed to take reasonable steps to prevent it.

These cases are civil matters, but they could apply to the same death that is being investigated by the state for criminal activity. The difference is that civil cases have a much lower burden of proof. Understanding the basics of a wrongful death case is helpful for anyone considering filing an action in the Houston court system. Call Schechter, Shaffer, & Harris today for more information.

Wrongful Death Filing Deadlines

Because of the statute of limitations, the ability to pursue a wrongful death action does not last forever. If the plaintiff waits too long to file, the judge could dismiss the case permanently.

Typically, a plaintiff must file their wrongful death action within two years of a person’s passing. However, some limited circumstances may alter this deadline. An experienced lawyer in Houston could ensure that a wrongful death action is filed in a timely manner. Call today to schedule an initial consultation.

Talk to an Attorney in Houston About Filing a Wrongful Death Case

No one should have to bear the weight of filing a Houston wrongful death action alone. Our team of professionals is here to support you, allowing you to focus on coping with your loss while we handle the legal aspects.

Our lawyers could review your case, help gather evidence, and collect documentation for filing. Contact our law office today to schedule a meeting with our compassionate personal injury attorneys.