The Houston wrongful death case process enables you and your family to hold an at-fault individual, company, or entity accountable for their negligent actions or inactions that caused your loved one’s death. If your loved one died in a fatal accident caused by someone else’s negligence, contacting a wrongful death attorney is crucial.
Our experienced lawyers could protect your family from the intimidating tactics that insurance companies employ and work to secure the maximum possible compensation. Our legal team could act as a buffer, advocate, and aggressively negotiate for the results your family deserves during a challenging time of grief.
What Constitutes Wrongful Death?
A wrongful death occurs when an individual dies due to the wrongful action, negligence, or recklessness of another person or entity. For a death to be legally considered wrongful, you must prove that the at-fault party owed your loved one a duty, directly caused their death by violating that duty, and that your family sustained compensable damages.
In Houston, the fatal injury claims process can arise from a wide variety of incidents where a party’s negligence or wrongful action leads to a fatality. Motor vehicle accidents are a common cause, including car, truck, and motorcycle crashes resulting from drunk driving, speeding, distracted driving, or other traffic violations.
What Is the Wrongful Death Case Process?
In Houston, preventable death lawsuits follow a structured legal process governed by state law.
Investigation and Filing Stage
The process typically begins when you consult one of our experienced attorneys. If you are eligible to bring a claim—i.e., you are a surviving spouse, child, or parent of the deceased—we could determine its viability by assessing the details of the death and identifying all potentially liable parties.
Our legal team could collect critical documents to help prove negligence, such as:
- Medical records
- Financial records
- The death certificate
- Police or accident reports
After the initial investigation, we could file a formal wrongful death complaint with the appropriate civil court.
You must file your lawsuit within two years of the date of death, with limited exceptions for minors or cases where negligence was not immediately discovered. We may then formally deliver the lawsuit to the defendant, who has the opportunity to respond.
Discovery
This is a critical pre-trial phase where both sides exchange information and evidence relevant to the case. We might request records such as medical files, financial documents, photos, and safety logs from the opposing side, and the defendant’s attorneys may request similar information from you.
Witnesses and parties involved in your case may give sworn-out-of-court testimony. We may hire and consult with expert witnesses, such as accident reconstructionists or medical professionals, to strengthen your case, as may the defendant’s lawyers.
Settlement Negotiations
Many claimants settle wrongful death cases outside of court. We may send a formal demand to the defendant’s insurance company, outlining the legal basis for the claim and requesting a specific settlement sum. We might then engage in settlement talks with them, which could entail several rounds of offers and counteroffers before reaching a final settlement.
Trial
If we cannot agree on a fair settlement with the defendant’s insurers, your case may proceed to trial. We may file motions to dismiss parts of the defendant’s case or block specific evidence. Both sides may present evidence, examine witnesses, and make arguments to the jury.
You must prove the defendant’s negligence by a preponderance of the evidence, a less stringent level than the requirement to prove beyond a reasonable doubt in criminal cases. Finally, the jury or judge will deliver a verdict on the extent of the defendant’s liability and the damages they must pay, if any.
Post-Trial and Compensation
Once the court reaches a verdict, the defendant may appeal. If they do not, we may collect the compensation and distribute it among your eligible family members as a lump sum or through a structured settlement. It could include economic damages such as:
- Medical expenses, funeral, and burial costs
- The income your loved one would have earned over their lifetime
- The value of assets you and your family could have expected to inherit
- Any other financial contributions they would have provided
The settlement may also compensate you and your family for intangible losses such as mental anguish and loss of companionship.
Hire Our Houston Attorneys To Help With the Wrongful Death Case Process
Our experienced attorneys could conduct a thorough investigation in the early stages of the Houston wrongful death case process to identify every potentially liable individual or corporation who may owe your family compensation. We could provide compassionate legal counsel, help you understand your options at every stage, and provide support and peace of mind during a difficult time. Call us today to schedule your free case consultation.