How Do I Know If I Have A Wrongful Death Lawsuit?

There are no words to adequately express the grief that comes with losing a loved one, especially when the loss occurred unexpectedly in an incident that could have been prevented. 

A wrongful death lawsuit will not bring back your loved one. It can, however, help ease some of the financial stress that often comes with a death in the family, and it can help bring closure to take action against the persons or companies who were responsible.

For three decades our firm has been assisting families across the nation who are coping with the tragic loss of a loved one. Our experience has shown us that one of the first questions anyone considering taking legal action has is: Do I actually have a case? 

Who Can Sue for Wrongful Death?

Although most states limit who can file a wrongful death lawsuit, in many states the following people can pursue an action for wrongful death:

• The deceased person’s parents
• The deceased person’s spouse
• The deceased person’s children (if they are adults)
• The personal representative (executor, administrator) of the deceased person’s estate

Some states allow siblings to sue for wrongful death, while others don’t. State law also varies on whether or not other persons named in the deceased’s will are barred from pursuing a wrongful death action.

How Long Do I Have to Sue?

The timing is tight for family members to bring their lawsuit. In Texas, there is a two-year time limit on the ability to bring an action for wrongful death. This is one reason why it is imperative to seek the advice of an experienced wrongful death lawyer as soon as possible. Knowing the applicable statute of limitations of the jurisdiction in which you are filing, and filing within the time allowed, is essential to a successful claim.

Do I Have a Claim?

To successfully sue for wrongful death, you have to be able to identify those responsible for the death and prove their legal liability. Proving a wrongful death claim is similar to proving negligence in other personal injury cases. 

First, you have to show that the person or entity that you are suing owed a legal duty to the deceased person. Then, you have to establish that the person or entity did not live up to that duty and that this caused the person’s death.

Anyone driving a car, for instance, owes everyone else on the road a duty of care to operate their vehicle in a reasonably safe manner. Similarly, product manufacturers owe a duty to consumers to take certain steps to ensure that their products are safe to use and to warn of any potential hazards that the manufacturer knows about or should know about.

Linking the breach of a duty to the death is an essential part of the claim. So too is proving the full extent of the financial consequences of your loved one’s death.

Our Lawyers are Ready to Help

If you are considering a wrongful death claim, time is of the essence. The sooner you seek the advice of an experienced attorney, the sooner you can determine whether you have a claim. 

At Hendler Flores Law, we are seasoned wrongful death lawyers with a track record of successful results for the people and families across the United States. Contact us to schedule a free consultation. Email us at info@hendlerlaw.com or call 1-800.443.6353. Your story matters. Let us help you tell it.