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Wrongful Death Lawyer in The Woodlands

What You Need to Know About Wrongful Death Cases in The Woodlands, TX

Nothing can prepare you for the sudden loss of a loved one. You can, however, make the at-fault parties pay for everything you’ve lost when you file a wrongful death case.

The truth is that negligence routinely takes the lives of folks in The Woodlands, across Texas, and throughout the U.S. And the law provides families with options for holding those negligent parties accountable.

Uncovering more about those options are the wrongful death FAQs below. For more answers that shed light on your rights and what you can do to get justice, talk to a wrongful death attorney near you in The Woodlands.

Should I File a Wrongful Death Claim or a Survival Action?

To answer this question, you need to answer some other questions first, including (but not limited to) the following:

  • Are you eligible to file both a wrongful death case and a survival action in The Woodlands?

To pursue a wrongful death case, you need to be a surviving spouse, a child, or a parent of the person who has been killed by negligence (the decedent). To file a survival action, you need to be the court-appointed executive of the decedent’s will or estate. If you’re neither, you likely don’t have grounds to file. If you’re both, you could have grounds to pursue both actions.

  • What damages are looking to recover?

Wrongful death cases focus on recovering damages for the losses suffered by the plaintiffs, meaning the surviving spouse, children, and/or parent(s) of the decedent. On the other hand, a survival action in The Woodlands will focus on damages related to the decedent’s losses.

  • Who do you want any compensation to be paid to?

While wrongful death compensation would go to the plaintiffs in the case, recoveries from survival actions would go to the estate, usually for distribution to the estate’s beneficiaries.

  • Do you really have to choose between the two?

If you have the right to file both, it can be prudent to pursue both legal actions, so you can recover the full compensation available under Texas law.

Discussing your answers with an experienced wrongful death attorney ‘near me’ in The Woodlands, TX, can give you better insight regarding your best options for moving forward, when to file which case, and more.

What Is the Statute of Limitations for Wrongful Death Cases in The Woodlands?

In The Woodlands and throughout Texas, state law gives you two years, starting from the date of death, to file a wrongful death case.

With these filing deadlines, there are some exceptions, including exceptions for minors bringing claims and for certain types of defendants. Keep in mind that these exceptions may extend or reduce the timeframes for filing a wrongful death claim, depending on the circumstances involved.

Do Wrongful Death Cases in The Woodlands Go to Court?

It’s unusual for these claims to end up in court, regardless of whether they proceed in The Woodlands, Sugar Land, Houston, or anywhere in Texas (and across the nation, really). There are many reasons for this, but most boil down to the facts that:

  • Fighting it out in court can take more time, cost more money, and add more risk to a case.
  • Out-of-court wrongful death settlements can expedite resolutions for a case, benefiting both plaintiffs and defendants.

That’s why most of these cases are settled outside the courtroom. Nevertheless, going to court is necessary sometimes, particularly when plaintiffs and defendants don’t see eye to eye on key issues, like liability and/or damages.

How Are Wrongful Death Lawyers in The Woodlands Paid?

Experienced wrongful death attorneys in The Woodlands work on contingency. That means they only get paid if and when compensation is recovered for a case, not before — and not if the case doesn’t end in a financial recovery for the plaintiffs. This type of contingency relationship can help those who have lost a loved one assert their rights without having to take on more financial burdens to do so.