Taking legal action with a Dallas, TX, wrongful death lawyer allows descendants of the decedent to gain compensation for the losses suffered by the victim and the additional losses that result. When a person falls victim to an accident, several things may have been the cause; however, when victims succumbed to their injuries and negligence was a factor, victims and their families have a right to hold the responsible party accountable. When someone tragically and suddenly passes away, families are left to grieve the unexpected loss, and the thought of taking legal action may feel out of reach. Seeking support from a lawyer like the professionals at the Brandy Austin Law Firm, PLLC can assist with taking the proper steps towards determining whether it’s in the best interest of the decedent’s heirs to move forward in taking legal action. The following are three steps that should be taken when pursuing your case…
Step #1: Find a Lawyer
When taking wrongful death action, the most crucial step is to find a lawyer with experience representing cases of this nature. This type of legal claim can be riddled with complexities, and a lawyer can help alleviate some of the stress by supporting clients in strategizing the case and negotiating a settlement. It’s critical to work with a lawyer with experience in this area of practice. Keep the following in mind:
- Research area lawyers
- Ask for referrals from professionals
- Request client referrals
- Schedule a consultation with prospective lawyers
Step #2: Determine Who Can File
Close family members can pursue wrongful death claims. However, it’s important to note that not anyone can pursue this process. Texas statutes allow the decedent’s spouse, children, or parents to take wrongful death action. Although multiple parties may pursue wrongful death, there can be only one claim — the executor of the estate typically files wrongful death. Additionally, eligible families have three months to file a claim; if they do not, the executor can take legal action. The only time an executor may be unable to file a claim is when the victim’s family requests that wrongful death action not be pursued.
Step #3: Gather Evidence
In order to receive the best possible outcome for the case, it’s critical to gather ample evidence. Evidence will act as a key, strategic component to tying the victim’s fatality to the accident and the party responsible. In addition to assisting with gathering evidence, an experienced lawyer will work to develop legal strategies where the evidence is front and center. Examples of evidence include:
- Death Certificate
- Eyewitness Statements
- Medical Records
- Photographs/Videos
- Proof of Income
- Police Reports
Our team knows that losing a loved one can leave a family reeling. Amid grief, the family will be left to resolve the estate and determine whether it’s in their best interest to move forward with their wrongful death case. The most appropriate way to make this determination is by consulting a wrongful death lawyer in Dallas, TX, as soon as possible.
