What to Expect When Filing a Wrongful Death Claim in Cibolo, Texas | Carabin Shaw Attorneys
The sudden death of a family member, due to a car crash or work accident in Cibolo, often leaves survivors reeling and unsure where to turn. The emotional burden is heavy, and the financial implications can be devastating. If someone’s negligence caused the accident, Cibolo survivors may have recourse through a wrongful death claim.
The Texas wrongful death attorneys at Carabin Shaw walk with survivors through the painful process of holding responsible parties accountable. While nothing can bring a loved one back, financial compensation can help family members move forward after their loss. Our compassionate team is available 24/7 at 1-800-862-1260. Call us now for a free case review in English or Spanish.
Who Can File a Wrongful Death Claim in Texas?Family members and their attorneys may bring wrongful death claims if another party’s negligence led to the death of their loved one. These cases may involve a car crash, workplace accident, medical malpractice, or a defective product. This legal action allows family members to pursue compensation for funeral and burial expenses, lost wages, and other losses related to the death.
Under Texas law, a wrongful death claim may be filed by a spouse, child, or parent of the deceased. If none of these parties files a lawsuit within three months of the death, the executor of the estate may also do so if no family member objects to the filing.
Steps to Filing a Wrongful Death LawsuitA wrongful death claim in Texas involves these steps:
1. Contact a Cibolo TX Wrongful Death Attorney If you are considering a wrongful death claim, your first call should be to an experienced personal injury lawyer who can walk you through the filing process. Your legal team will assess your case, explain your rights, and build a strong claim to pursue justice for your deceased family member.
2. Investigate the Accident Your attorney will investigate the accident that took the life of your loved one, gathering evidence like police reports, eyewitness testimony, and medical records to establish negligence and hold the responsible parties accountable.
3. File Your Claim Your legal team will file your claim on your behalf, outlining the specifics of your case, the case for negligence, identification of the at-fault parties, and a request for proper compensation.
4. Negotiate a Settlement Once you file your claim, your legal team will negotiate with the at-fault party’s insurance company to determine a fair settlement. Most wrongful death cases resolve during the settlement process. However, if you cannot reach a fair settlement, your legal representatives will prepare for the next step.
5. Prepare for Trial When the parties cannot agree on a settlement amount, the case proceeds to court, where a judge or a jury will decide it. Your legal team will gather information and evidence in the preliminary trial phase, known as discovery. Settlements are often reached during this phase, but your lawyer will be prepared to present your case in court if it becomes necessary.
Compensation in a Wrongful Death ClaimNo amount of money can replace what you have lost after the death of someone you love. However, compensation can help ease your financial burden now and in the future. Texas law allows for the following damages in a wrongful death claim:
- Funeral and burial costs
- Medical bills incurred
- Loss of financial support
- Loss of companionship
- Emotional and mental pain suffered by survivors
Your wrongful death lawyer in Cibolo, Texas, will calculate the damages your family deserves based on the specifics of your claim.
Seek Justice for Your Loved One & Contact Carabin Shaw Today to Schedule Your FREE Case ReviewThe sudden death of someone close to you is a devastating experience that can leave you feeling helpless and hopeless. Carabin Shaw can help. We offer our services on a contingency-fee basis, allowing you to benefit from our legal expertise without incurring any upfront costs. We have helped many survivors pursue the damages they deserve, as our client reviews attest. Call us toll-free now at 1-800-862-1260.
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