Filing a Leander Wrongful Death Action
The legal process is complex when a death happens that could have been avoided if another’s poor conduct did not result in the untimely demise of a parent, spouse, or child. When this happens, state law permits specific individuals harmed through a preventable death to file a wrongful death claim.
This lawsuit must be filed through a civil court. The filing documents contain lots of legalese, and specific case and statutory law must be explained and cited in legal briefs, motions, and other pleadings. The confusing nature of this process might cause a person without legal counsel to throw in the towel.
An understanding attorney can step in and represent a family filing a Leander wrongful death action.
Accidents That Could Result in a Wrongful Death
Sadly, a number of accidents can result in a wrongful death. Some of the most common are:
- Car collisions involving passenger vehicles or pedestrians
- Truck crashes involving a diesel truck or tractor-trailer
- Situations involving malpractice at a hospital, nursing home, or by a pharmacist
- A company sold a defective product, which resulted in deadly injuries
- A person being attacked by another resulting in fatal injuries
Families who lose a relative in a fatal accident can use the help and guidance of a Leander attorney to file a wrongful passing claim.
The Filing Process of a Wrongful Death Suit
There are several steps in the process of filing a successful wrongful death lawsuit in Leander. First, a person should contact a practiced attorney. Second, legal counsel can start the pre-filing investigation and collection of evidence to support the claim presented in the petition for damages. Essential evidence includes an incident report, hospital records, witness statements, electronic communications, and video evidence.
After this is done, the legal team will file the petition before the required statute of limitations, given there are no exceptions. Sometimes, family members want to be alone after losing a loved one; however, it is essential not to miss the two-year filing deadline for wrongful death cases.
A professionally trained lawyer can step in and file the case, ensuring the family receives sufficient financial compensation from those responsible. Compensation can help ease the expanding financial gap following your beloved family member’s passing.
Who is Represented in a Wrongful Death Lawsuit
State law only allows primary beneficiaries in Leander to file a wrongful death lawsuit on behalf of a deceased family member. Primary beneficiaries are surviving spouses, children, and living parents. When there are no primary beneficiaries, the probate court may appoint a person to file the case in their name or the executor of the decedent’s estate may be permitted to bring the wrongful death action.
Though the case is filed in the primary beneficiary name—or the name of the decedent’s estate—a persuasive lawyer can do all the legal work and strongly advocate for adequate composition through compelling legal arguments.
Reach Out to an Attorney for Help Filing a Leander Wrongful Death Action
We will fiercely advocate in the best interest of your family. Losing a loved one is devastating. While compensation cannot bring them back, it could help your family recover financially. Filing a Leander wrongful death action can be emotional and overwhelming. Let our attorneys handle the legal work while you grieve your loss. Call now to discuss your case.
