When you lose a loved one because of another person’s wrongful or negligent act, taking prompt and proactive legal action against them could be vital to protecting your family’s financial security and overall well-being. Unfortunately, civil litigation can be complicated and time-consuming under any circumstances, especially for those involving wrongful death.
Understanding the process of filing a Houston wrongful death action and what information you should be prepared to provide can make a significant difference in your chances of achieving a successful case result. Likewise, assistance from a knowledgeable wrongful death lawyer can minimize additional stress for you and your family, allowing you to grieve without a legal proceeding weighing on your mind.
It is important to emphasize that filing a wrongful death suit is not the same as pressing criminal charges. Criminal and civil cases are heard in different courts, each having specific procedural requirements and serving varying purposes—to reimburse plaintiffs for losses caused by a wrongful death and punish someone for actions leading to someone’s passing.
With that in mind, it is not uncommon to file a wrongful death claim while criminal proceedings are ongoing against the named defendant(s). Furthermore, even when the defendant is not criminally charged with wrongful death or found not guilty of criminal wrongdoing, you could still hold them civilly liable for their actions since civil claims have a less strict standard of proof than criminal trials.
However, it is generally best to file suit sooner rather than later after a wrongful death. Aside from ensuring evidence preservation, there is a two-year statutory filing deadline for personal injury and negligent death claims in Texas. Therefore, reaching out to a diligent attorney to handle your claim is wise.
A substantial amount of documentation is necessary to achieve a positive result from wrongful death litigation. If you plan to file an unlawful death action, you must present medical reports from physicians and doctors who treated the decedent between their accident and death. Additionally, to demand payments for your losses related to your loved one’s death, you may be required to present relevant documents that prove a familial connection between you and the decedent.
Finally, using subjective evidence like journal and diary entries or personal testimony may be beneficial to establish the emotional and psychological effects of your loved one’s premature death. Guidance from a knowledgeable wrongful death lawyer could be essential to identifying, collecting, preserving, and effectively presenting the information necessary to obtain fair compensation.
Filing a Houston wrongful death action can be stressful and exhausting not just in a practical sense, but in an emotional one as well. Even if you are thoroughly prepared for every step of the filing process, trying to take on this kind of claim alone while the grief and heartache of your loss is still fresh can worsen those feelings while also negatively impacting your odds of case success.
Representation from a compassionate wrongful death lawyer can boost your chances of getting through the filing process efficiently and receiving the restitution your family deserves. Call Roberts Markland LLP today to learn more and to schedule your private consultation.