Wrongful death lawsuits are complex processes that require the skills of an experienced attorney for recovery of the largest available damages award. If you are contemplating filing a Missouri City, TX wrongful death action, the attorneys at Schechter Shaffer & Harris can provide the experienced counsel and representation you need.
Since 1964, our lawyers have fought for and recovered millions of dollars in wrongful death damages in cases involving medical malpractice, car accidents, industrial malfeasance, and other forms of negligence.
Who Can File the Wrongful Death Action and When?
Before filing your wrongful death lawsuit, your Missouri City attorney will confirm that you have the right to file the action and that the statute of limitations for your claim has not expired.
In the first instance, an accident victim’s spouse, children, or parents can be a plaintiff in a wrongful death lawsuit. None of the victim’s other relatives, including grandparents, siblings, cousins, aunts, or uncles have that right. If the spouse, children, or parents do not file a wrongful death lawsuit within 90 days after the date of the victim’s death, the victim’s estate representative can file the case.
The lawsuit must also be filed within two years of that date of death. Although there are certain exceptions to this deadline, a wrongful death action that is not filed before its expiration can, and often will, be dismissed.
You can avoid these challenges by hiring a Missouri City lawyer who has in-depth knowledge of the local courts and the laws and rules those courts must follow in filing wrongful death lawsuits.
Special Consideration for Filing Your Wrongful Death Lawsuit
In every wrongful death lawsuit, your attorney will use the facts and evidence of your case to show that:
- The negligent party owed the victim a duty of care
- That party breached his or her obligation to adhere to a duty of care
- The breach was the direct and proximate cause of the injuries that caused the accident victim’s death
- Your family experienced financial and other losses due to the victim’s demise.
The specific facts of your case may include special and additional filing requirements. If the victim’s wrongful death occurred because of medical malpractice, for example, your attorney must also file an affidavit from a qualified health care expert to verify the legitimacy of your malpractice allegations. That affidavit must be filed within 120 days of the filing date of your lawsuit. Your case will be dismissed if this requirement is ignored.
Your wrongful death attorney will explain the filing requirements that may be unique to the facts that you allege in your lawsuit.
File a Wrongful Death Lawsuit and a Survival Action
Your family can recover damages in a wrongful death lawsuit to compensate for losses such as expenses for the victim’s burial and replacement of lost income. Thy victim’s estate representative may also be able to file a survival action to recover damages that the victim incurred before his or her death. An experienced lawyer should provide additional information about these separate actions in your initial consultation.
Call Schechter Shaffer & Harris in Missouri City, TX If You Wish to File a Wrongful Death Action
Filing a wrongful death action can put you on a path to recover substantial compensation for your financial and emotional losses when a family member has been fatally harmed by another person’s negligent actions.
Retaining the wrongful death attorneys at Schechter Shaffer & Harris to represent you in that action will put you in the strongest position to get the full compensation you and your family deserve. Please call any of our offices for a complimentary consultation with one of our personal injury lawyers today.
