Counsel & Support for Wrongful Death Claims & Victims in Lakeway, TX
Getting justice after you’ve lost a loved one to wrongful death can be a powerful way to honor their memory, make negligent parties pay, and hopefully send a message that prevents future deaths.
As you move forward with a wrongful death case, the more you know about the law, your rights, and how these cases work, the better. That’s because a little knowledge can go a long way toward helping you assert your rights, file the strongest possible case, and set it up for a favorable outcome.
With that goal in mind, the facts and answers below can start to provide some clarity after you’ve lost a loved one to negligence. For more insights, legal advice, and support related to a potential case, simply talk to a Lakewood wrongful death attorney.
What Evidence Is Essential for Wrongful Death Cases?
The evidence you need for a wrongful death case can depend on:
- The event that caused the death: Wrongful death cases based on deadly traffic collisions, boating crashes, and aviation accidents can all require different evidence than claims involving dangerous drugs, faulty products, or toxic exposures.
- The nature of the negligence involved: Failing to comply with safety regulations, failing to properly contain volatile substances, and impairment are just a few types of negligence that cause deadly accidents in several settings. Each of those (and other) forms of negligence can’t necessarily be established with the same set of evidence.
- Other case-specific factors: These can include anything from who the negligent parties are to whether the victims had pre-existing medical conditions, whether victims are being blamed for the accident that killed them, and more.
While all that means that key evidence can vary from case to case, generally, there are a few essential items that tend to support wrongful death cases, no matter what type of incident caused the fatal injuries. That evidence can include items like (but not exclusive to):
- Accident reports, like police reports or work incident reports
- Accident photos and/or videos, including pictures or recordings from bystanders or nearby surveillance cameras
- Witness testimony from those who saw what happened or from experts who have analyzed certain evidence
- Medical evidence, like diagnoses, medical tests, and medical records
What Happens If I Miss the Filing Deadlines for a Wrongful Death Claim?
If you do not file a wrongful death case before the statute of limitations (the filing deadline) for the claim passes, you may not be able to file a claim at all going forward. If you try, your opponent can cite an expired statute of limitations as grounds to get the case dismissed — and they’ll likely win, meaning you won’t be able to seek compensation for the loss of your loved one.
As unsettling as that may be, keep in mind that:
- You can’t rely on other parties, including insurance companies, to tell you the truth about filing deadlines or your rights. That means that you shouldn’t put too much stock into advice you’re getting from opponents or any party that’s not specifically your lawyer.
- Not every wrongful death case is bound to Texas’s two-year statute of limitations. Exceptions exist for several special circumstances. A lawyer can explain these exceptions while informing you of the deadlines that apply to your potential case.
I’ve Been Offered a Settlement. Is It Too Late to Contact a Lakeway Wrongful Death Lawyer Near Me?
No, it’s not too late to talk to an attorney if you have not yet:
- Accepted the settlement
- Signed a settlement agreement
- Cashed a check from the insurance company
In fact, if you haven’t done any of the above yet, it’s likely in your best interests to speak to a Lakeway wrongful death attorney near you ASAP and get some help:
- Crunching the numbers and breaking down what the offer really means
- Evaluating how fair the offer may be, in light of the specifics of the case
- Figuring out the next steps and, specifically, whether to make a counteroffer, whether to accept the offer, or whether to flat-out reject it and prepare for court
How Much Will I Have to Pay a Lakeway Wrongful Death Attorney Near Me?
You pay nothing upfront and nothing until compensation is obtained for your case. That’s because Lakewood wrongful death lawyers work on contingency. And it means there are no legal fees if there’s no recovery for your case.
It’s that simple, and that fee structure has been intentionally set up to help those harmed by negligence exercise their rights while giving them confidence that their attorney is a true partner, committed to achieving a favorable resolution.