Filing a New Braunfels Wrongful Death Action
When your close family member passes away due to an act of negligence, you might have the right to sue those responsible. A wrongful passing lawsuit cannot undo what happened, but it can provide you with the resources you need to move forward.
There are steps to take before filing a New Braunfels wrongful death action. While you have the right to represent yourself in court, seeking the guidance of experienced legal counsel can help you get the best possible outcome in your case. Talk to a dedicated wrongful death attorney before pursuing your claim.
What Can Lead to a Wrongful Death Action?
Countless factors can lead to a person’s untimely death. When filing a wrongful death action in New Braunfels, the primary question is whether negligence was a factor. Some of the situations that can lead to a lawsuit include fatal injuries stemming from:
- Car accidents
- Criminal assault
- Medical malpractice
- Defective products
An attorney from Felix Gonzalez Law Firm can help determine whether the passing of a loved one was caused by another’s negligence.
The Filing Process
Many steps have to happen before anyone can file a wrongful death action. The first step usually involves a thorough death investigation. An attorney can look into the factors that led to their passing and identify any at-fault parties along the way. At this phase, plaintiffs and their legal counsel usually compile evidence like videos, witness statements, and medical records.
The next step is to file the petition with the court. This technically begins the case, but there are other actions to take before it can proceed. Every plaintiff must serve a copy of the lawsuit to the defendant to give them a chance to appear in court and be heard. Once service happens, the case can move forward.
Before any of these steps happen, it is a good idea to speak with legal counsel. Countless pitfalls could upend a wrongful death action, and most of these mistakes are completely avoidable. Everyone has the opportunity to take advantage of a confidential consultation with an attorney before filing a wrongful death case in New Braunfels.
Understanding Legal Deadlines
Family members of the deceased are allowed to file a wrongful death case in New Braunfels, but they have a limited amount of time to do so. This is due to a deadline called the statute of limitations.
In general, there is a two-year window of time for filing a wrongful death action under state law. This period of time begins on the date a person dies, not when the injury or illness first occurs.
The consequences of filing suit after the deadline are extreme. The court may dismiss the case with prejudice, meaning the plaintiff is barred from ever filing it again. Due to the high stakes, keeping up with these deadlines is vital.
A few exceptions might give someone more time to pursue their claim. For example, a plaintiff under the age of 18 could wait until they reach adulthood to worry about the statute of limitations.
Talk to an Attorney in New Braunfels About Filing a Wrongful Death Action
Taking on this challenge alone is risky. Even a seemingly minor error during the early stages of the process can lead to a denied claim. Reach out to an attorney right away to discuss filing a New Braunfels wrongful death action.
