Losing a loved one to someone else’s negligence, whether in a car crash, workplace accident, or incident involving a defective product is devastating. A wrongful death lawsuit allows surviving family members to seek accountability and compensation when tragedy strikes.
But a wrongful death claim isn’t just about financial recovery. It’s about holding the responsible party accountable for the harm they caused. The wrongful death attorneys at The Callahan Law Firm are ready to help your family take the right steps to pursue justice for your loved one and secure the compensation you need to move forward.
How Do You File a Wrongful Death Lawsuit?
The basic steps in a wrongful death lawsuit include the following:
Step 1: Consulting an Experienced Wrongful Death Attorney
The first step in a wrongful death lawsuit is speaking with a lawyer who understands Texas wrongful death law. Consulting with the wrongful death attorneys at The Callahan Law Firm early in the process could make a significant difference in protecting you and your family’s legal rights.
Our attorneys are ready to:
- Review what caused your loved one’s death
- Analyze the facts of the fatal accident and the deceased person’s estate
- Explain your legal options and whether you can file a claim under Texas law
Step 2: Investigation and Gathering Evidence
After hiring our attorneys, we will collect as much evidence as is needed to prove negligence and establish liability.
The investigation and evidence-gathering process often involves:
- Requesting medical records, accident reports, and police or incident reports
- Interviewing witnesses who saw the accident or can otherwise provide insight into how it happened
- Identifying all the negligent parties who should be held responsible for your loved one’s death, and all sources of insurance coverage
- Consulting with experts, including medical professionals and accident reconstruction experts
- Documenting financial losses, including medical expenses, lost income, funeral costs, and burial expenses
Our lawyers can use the evidence to demonstrate that the defendant failed to exercise reasonable care, which directly caused your loved one’s death. Every piece of information strengthens your civil case, whether you pursue a settlement or prepare for legal action in civil court.
Step 3: Filing the Lawsuit and Pursuing a Settlement or Trial
Once the investigation is complete, our attorneys can file a wrongful death lawsuit in the appropriate Texas civil court.
After filing, wrongful death cases usually move through these stages:
- Discovery – Both sides exchange evidence and question witnesses.
- Settlement negotiations – Your attorney may negotiate with the responsible party or their insurance company to seek the maximum compensation available under Texas law.
- Trial – The case may go to trial if negotiations do not resolve the claim. If your wrongful death claim goes to trial, the court will determine how much compensation you should receive.
Most wrongful death lawsuits settle before trial. However, our experienced attorneys prepare every case as if it will go to court. The extra preparation provides leverage in settlement negotiations in a wrongful death case.
Contact The Callahan Law Firm for Compassionate Legal Help
The Callahan Law Firm has spent over 30 years representing families in personal injury claims, including wrongful death lawsuits. We are ready to bring our experience, resources, and resolve to work for you now.
If you are ready to learn more about your legal options, contact The Callahan Law Firm online or call 24/7 at (713) 589-7767 to set up a free consultation to speak with a Texas wrongful death lawyer who can advocate for your family.
