Reckless driving or drunk driving, a defective product, dangerous conditions on public property – almost any type of accident can result in a wrongful death. When the actions or negligence of another results in death, surviving family members may file a wrongful death lawsuit with a personal injury lawyer. In Texas, wrongful death lawsuits may be filed by the surviving spouse, children, or parents of the deceased.
Following the loss of a loved one, a wrongful death attorney can help the surviving family members seek compensation for their losses. These losses may include funeral expenses, medical bills, lost financial support, lost emotional support, and also the pain and suffering they’ve been forced to endure.
In many cases, a successful lawsuit helps ease the minds of grieving loved ones by providing a sense of clarity, closure, and justice. Your attorney can investigate the accident and clear away the fog of confusion and unanswered questions that often surround a wrongful death accident.
They can then determine who was responsible, help you understand your legal rights, calculate your damages, and gather the evidence necessary to prove your case and win fair compensation. While many wrongful death cases are resolved with an out-of-court settlement, your attorney can also try a lawsuit in court if needs be.
The surviving spouse or other close family members of a deceased person may file a wrongful death claim when the death was caused by another person’s negligence or wrongful act. By pursuing legal action, the plaintiff is seeking financial compensation from the responsible party or responsible parties.
The success of a wrongful death case typically requires two things to be proven: the plaintiffs (the deceased person’s family) must first prove that the defendant (the negligent person responsible for the accident) was indeed responsible for the deceased person’s injuries and death. They must also prove the full value of the damages they’re seeking to recover.
Wrongful death claims are frequently complex and face resistance from the defendants, who may dispute their liability for the accident or the value of your damages. This is why wrongful death lawyers can be of such value.
Experienced attorneys are well-versed in wrongful death state laws and have plenty of prior experience winning similar cases. They know how to strengthen and prove the value of a claim.
The surviving spouse or other close family members of a deceased person may file a wrongful death claim when the death was caused by another person’s negligence or wrongful act. By pursuing legal action, the plaintiff is seeking financial compensation from the responsible party or responsible parties.
The success of a wrongful death case typically requires two things to be proven: the plaintiffs (the deceased person’s family) must first prove that the defendant (the negligent person responsible for the accident) was indeed responsible for the deceased person’s injuries and death. They must also prove the full value of the damages they’re seeking to recover.
Wrongful death claims are frequently complex and face resistance from the defendants, who may dispute their liability for the accident or the value of your damages. This is why wrongful death lawyers can be of such value.
Experienced attorneys are well-versed in wrongful death state laws and have plenty of prior experience winning similar cases. They know how to strengthen and prove the value of a claim.
Any personal injury accident may qualify as a wrongful death case if the accident resulted in the injured person’s death and was caused by a negligent act. Here are a few of the more common types of wrongful death situations where an attorney could help you pursue justice.
Wrongful death attorneys add enormous value to wrongful death lawsuits. It’s almost always unwise to embark on a claim without an experienced lawyer by your side.
Dealing with a loved one’s death is never easy. Surviving family members may be facing unexpected financial hardship just at a time when they need to grieve and adapt to living with their loss.
A prompt wrongful death claim is often the best route to justice and financial recovery. But the prospect of filing an insurance claim or lawsuit may seem daunting and more than a little confusing to the injured family members. An attorney can take this burden off your shoulders, handling the entire case on your behalf from start to finish.
When you seek justice for your losses, you first need to understand the potential monetary value of your case. Your lawyer can calculate these damages for you and ensure that you don’t unwittingly leave any money on the table.
The full compensation pursued consists of two or three types of damages. There are economic damages, non-economic damages, and occasionally punitive damages.
You may be able to recover damages for any medical expenses from the treatment your loved one received before they passed. Your monetary damages will also typically cover funeral and burial costs.
You may also recover compensation for any financial support you’ve lost due to the death of your loved one. This might even include lost inheritance if your loved one would have continued saving toward your inheritance had they survived.
Your wrongful death settlement may also include non-economic damages. Non-economic damages often include emotional distress and loss of consortium damages: the loss of companionship, loving support, family support structure, parental guidance for minor children, and any other benefit that the relationship with the deceased person previously provided.
In some cases, the defendant might be found to have acted with more than just negligence. They may have acted recklessly or even with willful wrongdoing.
In these situations, the plaintiff may also be awarded punitive damages. These are additional damages designed to punish the defendant rather than provide compensation for any losses the plaintiff has suffered.
A wrongful death lawyer can be your personal representative, handling all communications and legal matters relating to the case. Your lawyer will negotiate with the insurance company, which is something a decedent’s spouse or family member may struggle to manage alone.
If you wish to recover compensation to cover all of your losses, your chances of winning a fair wrongful death settlement are almost always increased with an experienced wrongful death lawyer or law firm fighting your corner. Successful negotiation in a wrongful death case is a complex process that requires skill, experience, legal know-how, and evidence.
A great deal of evidence is often required to prove that a parent, spouse, or decedent’s death was caused by the negligent actions of the defendant. For example, police reports, surveillance footage, photos, videos, and eyewitness statements might be used to prove the negligence of the other driver in a car accident.
Each type of wrongful death case requires different kinds of evidence to prove exactly how the wrongful death action caused the loss of the person’s life. Your wrongful death lawyer can investigate the accident thoroughly and collect all required evidence, including arranging expert witness testimony to validate your claim.
Evidence will also be required to prove the full value of your damages. With medical expenses, you can present your bills and doctor’s records, which is usually quite straightforward.
But some damages, such as pain and suffering or future medical bills, are harder to prove. Nonetheless, experienced wrongful death attorneys are adept at gathering sufficient evidence to persuade a jury of each one of their client’s damages.
Wrongful death cases cannot always be settled out of court, in which case the best legal action may be a lawsuit and jury trial. If you choose to seek justice through the court system, an experienced board-certified trial lawyer can represent you and argue your case before the judge and jury.
It’s unwise to consider going to court without hiring an attorney with plenty of experience trying wrongful death cases before a jury. If you find a court-ready lawyer whose practice areas are focused on wrongful death cases, you’re likely to see your case settled sooner, with a payout that fairly provides for all of your losses.
Our wrongful death attorney in Bryan, TX has represented hundreds of grieving families over more than 12 years in practice. He knows the law and how to build a solid case that demonstrates the liability of the responsible party. Our wrongful death lawyer can assess your situation and recommend the best way to move forward.
If you need an experienced attorney to handle your wrongful death case, contact Brian C. Gutierrez at 979-271-5338 for a free consultation. Your chances of recovering a full and fair settlement significantly increase with an award-winning, board-certified trial lawyer fighting by your side.
There is a two-year statute of limitations in the state of Texas for wrongful death claims. If you do not file your lawsuit before this time, you will not be able to seek compensation for your loss. For this reason, we encourage you to speak with a wrongful death attorney as soon as possible. This will help you avoid missing any deadlines and allows your lawyer time to investigate and prepare your case.
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