Is an Autopsy Necessary to Win a Wrongful Death Claim in Texas?

autopsy candles after fort worth texas wrongful death

After a deadly accident, the family of the deceased has a right in Texas to sue that at-fault party for compensation. However, before the surviving family can win a wrongful death lawsuit, they must be able to prove that the person responsible (the "defendant"), actually caused the death. An autopsy can help. 

Though an autopsy is not legally required in Texas to pursue a wrongful death case, the results of an autopsy can make a case much stronger. 

What Happens During an Autopsy?

During an autopsy, a physician carefully examines the body inside and out to figure out the cause of death. The exam includes visual and lab tests, microscopic examination of tissues and organs, and more. 

Also read: How to Make a Wrongful Death Claim

How Does an Autopsy Help? 

When I look at wrongful death claims, I first determine the cause of death. Without proof that the victim's death was surely caused by the defendant's actions, the claim is weak. An autopsy provides strong evidence of the cause of death, and the findings from an autopsy are reliable. 

For instance, let's say a truck driver falls asleep at the wheel and crashes into a car. The car driver walks away without going to the hospital and seems fine, but dies a few days later. Let's also say that the car driver has a history of heart problems. So what caused his death? Did he suffer internal brain damage from the wreck? Was it an unrelated heart attack? An autopsy puts speculation aside and uncovers the truth. 

Also Read: What Happens If a Family Member Dies Before Their Personal Injury Claim Was Settled?

What Happens After an Autopsy in a Wrongful Death Lawsuit?

After we know the cause of death, there are a few more questions that need answering. 

  • Was the death preventable? 
  • Did someone's negligence cause the death? 
  • Does the autopsy prove that negligence was the cause of death? 

How a Personal Injury Attorney Can Help You

If a family member or someone you love died as a result of a car accident, you may be entitled to compensation. A personal injury attorney can help you by walking with you step-by-step in the legal process following an accident. While it is possible for you to represent yourself  in front of a jury or the at-fault driver's insurance company, the chances that you receive the compensation that you deserve would be much greater with a personal injury attorney by your side. The attorneys at the Anderson Law Firm have over twenty years of experience in representing victims whose loved ones have died as a result of someone else's actions, and we have successfully fought and won for the compensation they deserved. Even more, we can fight for compensation for you loved one's medical expenses and other costs associated with the accident. There are more questions to consider, such as, will I be able to pay for my loved one's medical expenses, and is representing myself worth actually worth it?

The answers to these questions will determine what happens next. Unfortunately, not all autopsy's prove negligence. You may ultimately learn that the victim died of natural causes and you don't have a wrongful death case. However, an autopsy can still give families peace of mind knowing the true cause of death. 

If you've lost a loved one in the Fort Worth area and want to know your wrongful death lawsuit options, please don't hesitate to schedule a free consultation with me by calling 817-294-1900.

 

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The Financial Need for Making a Wrongful Death Claim

Life Insurance and Wrongful Death Claims

Giving the Insurance Company a Recorded Statement

Mark A. Anderson
Board Certified Personal Injury Lawyer in Fort Worth, Texas