When someone dies because of negligence, a dangerous product, an unsafe workplace, or the wrongful conduct of another person or company, surviving family members may be left with questions they cannot answer on their own. What caused the death? Could it have been prevented? Who was responsible? What evidence exists? Who has the legal right to bring a claim?
Wrongful death attorney David P. Willis has represented seriously injured people and families in major personal injury and fatal accident litigation for more than 40 years. His practice is headquartered in Houston, Texas. Cases in other states may be handled through association with qualified local counsel when required.
A Houston wrongful death lawyer can begin by investigating what happened rather than expecting a grieving family to already know who should be sued. Serious fatal accidents frequently involve multiple companies, insurance policies, contracts, witnesses, and sources of technical evidence.
The first objective is to determine why the death occurred, identify everyone who may be legally responsible, and preserve evidence before it disappears.
What Does a Wrongful Death Attorney Investigate?
A meaningful wrongful death investigation asks more than whether someone made a mistake. It examines the complete chain of events leading to the death and the conduct of the people and companies involved.
Commercial truck cases can involve the driver, motor carrier, maintenance companies, cargo contractors, and manufacturers of defective equipment. Important evidence may include electronic vehicle data, driver records, dispatch communications, inspection reports, maintenance histories, onboard video, cell-phone information, and company safety records.
Industrial, refinery, oilfield, and construction deaths can involve property owners, general contractors, subcontractors, engineering companies, maintenance providers, and equipment manufacturers. Determining responsibility may require examination of contracts, operating procedures, inspection records, safety policies, training materials, maintenance histories, and physical evidence.
Defective-product deaths can require engineers and other qualified experts to preserve and inspect vehicles, tires, machinery, batteries, consumer products, safety equipment, or failed components before they are altered or destroyed.
Families can learn more about the broad range of fatal accidents that may create claims in our discussion of types of wrongful death lawsuits.
The person or company most visible at the accident scene is not necessarily the only responsible party. Identifying every potential defendant can be one of the most important parts of the investigation.
Why Preserving Evidence After a Fatal Accident Matters
Evidence can begin disappearing shortly after a death.
Commercial vehicles may be repaired or returned to service. Electronic information can be overwritten. Surveillance video may be erased under routine retention policies. Industrial machinery can be repaired or modified. Defective products can be discarded. Accident scenes change, and witnesses’ memories become less precise.
Meanwhile, corporations and insurance companies may begin their own investigations almost immediately.
A wrongful death attorney may take steps to preserve important physical and electronic evidence before it is lost. Depending on the case, qualified experts may need to inspect vehicles, machinery, products, workplaces, or accident scenes.
Relevant evidence can include photographs, video, electronic data, maintenance records, inspection reports, company communications, employment records, contracts, safety procedures, product testing, governmental reports, medical records, and witness testimony.
Beginning an investigation does not mean a family has committed to filing a lawsuit. It can preserve evidence and provide information needed to make that decision intelligently.
What Compensation May Be Available?
Wrongful death damages depend on applicable law and the circumstances of the family.
Financial losses may include income and support the deceased person would likely have provided. Employment benefits, retirement contributions, childcare, household services, transportation, caregiving, and other economic contributions can also be relevant.
The personal losses can be equally significant. A surviving spouse may lose companionship and the benefits of the marital relationship. Children can lose parental care, advice, encouragement, guidance, and support. Parents may suffer the permanent loss of their relationship with a child.
Our discussion of wrongful death damages explains why evaluating a claim involves considerably more than calculating the deceased person’s wages.
Some fatal accidents may also create survival claims involving damages belonging to the deceased person’s estate. Punitive or exemplary damages can present another issue when the defendant’s conduct satisfies the heightened standard imposed by applicable law.
No responsible attorney can determine what a wrongful death case is worth from a few facts entered into an online calculator. Liability, damages, available insurance, responsible defendants, family relationships, evidence, and governing law all affect the evaluation.
Legal Deadlines and the Decision to File a Lawsuit
Wrongful death claims are subject to statutes of limitations and potentially other legal deadlines. The applicable deadline depends upon the law governing the claim and can also be affected by the identity of the defendant or type of case.
Families should not assume that every wrongful death lawsuit has the same filing period.
Claims involving governmental defendants can present special notice requirements. Maritime cases, claims arising under federal law, and other specialized matters can involve additional rules. Cases with connections to several states may also require analysis of which jurisdiction’s law applies.
Our wrongful death statute of limitations discussion explains why the correct deadline should be determined early rather than assumed from a general internet rule.
There is also a practical reason to investigate promptly. Evidence can disappear long before the formal filing deadline expires.
A family does not necessarily need to file a lawsuit immediately. An attorney can investigate the circumstances, preserve evidence, identify potential defendants, and explain the available options before the family decides how it wants to proceed.
Choosing a Wrongful Death Attorney
Families choosing an attorney should consider experience with serious injury and fatal accident litigation rather than relying only on advertising.
Complex wrongful death cases can require substantial financial resources, qualified experts, depositions, corporate discovery, technical investigation, and preparation for trial. A trucking company, manufacturer, refinery operator, or other major corporation may have lawyers and investigators working on the case from the beginning.
David P. Willis has practiced law since 1983 and has spent decades handling serious personal injury and wrongful death litigation. His Houston-based practice has pursued cases involving corporations, manufacturers, trucking companies, industrial defendants, and other parties accused of causing catastrophic injuries and deaths.
Families should be able to ask direct questions and receive understandable answers about the evidence, applicable law, potential defendants, damages, costs, litigation process, and important decisions affecting the case.
No attorney can legitimately guarantee the outcome of a wrongful death claim. Past settlements and verdicts also cannot predict what another family will recover.
What experienced legal representation can provide is a thorough investigation, preservation of evidence, identification of responsible parties, development of damages evidence, and preparation to litigate the case when necessary.
Getting Answers After a Preventable Death
A family does not need to know exactly who caused a death before speaking with a wrongful death attorney. Determining responsibility is one of the purposes of the investigation.
A fatal 18-wheeler crash may ultimately involve a trucking company or maintenance provider. An industrial death may reveal contractor or equipment failures. A vehicle crash can expose a defective tire, seat belt, roof, fuel system, or other product. An explosion may lead investigators to maintenance, engineering, or safety failures that were invisible to the family when the accident occurred.
The legal investigation can help answer the question underlying many wrongful death cases: Could this death have been prevented?
Families with additional questions can review our wrongful death lawsuit FAQ for answers about who may bring a claim, available damages, filing deadlines, evidence preservation, settlements, and the role of a wrongful death attorney.
A lawsuit cannot restore a spouse, parent, child, or other loved one. The civil justice system can, however, provide a process for determining what happened, establishing responsibility, and seeking compensation for family members whose lives have been permanently changed.
For many families, the first conversation with a wrongful death attorney is not about deciding whether to go to trial. It is about understanding what happened, what evidence needs to be protected, and what legal rights the family may have.
