When to Hire a Lawyer for Wrongful Death: We know how Losing a loved one is never easy. But when this loss is at the hands of someone else’s negligence, you are left to struggle both emotionally and financially.
However, it is not necessary to go through all this alone. The law makes it possible for surviving family members to file for financial compensation and seek support for medical bills, lost wages, or funeral expenses. We’re sharing when and why you should consider hiring a wrongful death lawyer.
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Understanding Wrongful Death Lawsuits
Texas law states wrongful death as the loss of life due to someone else’s actions or negligence.
Filing wrongful death lawsuits is similar to any other personal injury claim. However, while in any other personal injury claim the injured party seeks compensation for their losses, wrongful death claims differ because in their case, it is the deceased surviving family members that seek compensation instead.
The objective of filing a wrongful death suit is, essentially, to help those who were supported by the deceased. A surviving spouse, surviving children, or any other family member, can seek compensation for lost income or any other financial damages incurred.
When To Hire a Wrongful Death Lawyer
You should consider hiring a wrongful death lawyer if you have lost a loved one due to someone else’s negligence. Normally, any case that qualifies as a personal injury claim qualifies as a wrongful death accident if it results in someone’s death. Below are some instances in which you should hire a wrongful death lawyer.
Vehicle Accident That Results in Death
Any fatal accident, whether a car accident or truck accident, in which the victim dies because of a negligent driver, can be considered a wrongful death case. This can also include motorcycle accidents. Common causes of a fatal accident can be drunk driving, reckless driving, or driving while impaired. These can also include motorcycle or pedestrian and bicycle accidents.
Death Due To Medical Malpractice
If death is caused due to the negligence of a medical professional, such as a doctor or nurse, they may be held liable for medical malpractice. Instances in which medical malpractice is relevant are:
- A medical treatment error
- A surgery error
- A misdiagnosis
- Failure to deliver a reasonable level of care
Since medical malpractice suits can be complicated, you will require an experienced wrongful death attorney who can gather evidence and bring in witnesses.
Death Due To Premises Liability Injuries
If a victim dies from the injuries sustained on someone else’s property because of their negligence, their surviving relatives can file a wrongful death claim. In Texas, property owners are responsible for ensuring the safety of their property. The rules surrounding this responsibility are referred to as premises liability. If the plaintiff can establish a claim that the person’s death was a direct result of the property owner’s negligence, surviving relatives will be eligible for a wrongful death settlement.
Death Due To Crime
If a person’s intentional criminal act leads to a loved one’s death, a wrongful death lawsuit can be made against them. Criminal prosecution can include cases such as robbery or sexual assault.
The Importance of Hiring a Wrongful Death Lawyer
Navigating the law alone is not easy. This is especially true in the aftermath of the loss of a loved one’s life. You need time to grieve and often do not have the capacity to file personal injury cases yourself.
In order to prove wrongful death, you need a solid case with ample evidence. When you hire an experienced wrongful death attorney, they can help you understand various legal contexts and build your wrongful death claim accordingly.
A Wrongful Death Attorney Can Help You Negotiate
Alongside navigating the legal process, a wrongful death attorney can also help you negotiate with various insurance companies.
Insurance providers usually have a team of legal experts and dealing with them alone can be difficult. By hiring your legal counsel, you can ensure you are not being taken advantage of.
A Wrongful Death Attorney Can Help You Get Maximum Compensation
Experienced wrongful death attorneys will have dealt with cases similar to yours in the past. That is why they’ll have the experience to help you secure the maximum compensation from the negligent party.
What Damages Are Available to the Victim’s Family?
Money cannot possibly replace the loss of a loved one. However, financial compensation can certainly help you deal with the aftermath of the loss. Examples of compensation you can recover from a wrongful death claim are:
- Medical bills
- Lost wages
- Funeral expenses
- Burial expenses
- Loss of inheritance
- Mental anguish
- Loved one’s final expenses
Who Can Bring a Wrongful Death Lawsuit?
The immediate family members of the deceased person can file a wrongful death lawsuit against the negligent party. Examples of such a family member can include a surviving parent, surviving spouse, adult child, adopted child, and siblings. In other cases, the executor of the estate of the deceased person may also be eligible to file a wrongful death lawsuit.
What Is The Statute of Limitations For a Wrongful Death Claim?
In Texas, the surviving family members or the executor of the deceased’s estate, have 2 years from the day of the victim’s death to file a wrongful death claim and recover compensation. However, it is highly important to get legal counsel from a wrongful death lawyer or a personal injury lawyer as soon as possible to begin investigating the case, gathering evidence, and preparing witnesses.
How Long Does it Take to Resolve Wrongful Death Claims?
The time in which a wrongful death lawsuit is resolved depends on several factors. These factors can include the type of wrongful death case filed, the evidence brought by both sides, and punitive damages. In the best possible scenario, the parties settle their claims immediately after the wrongful death lawsuit is filed. Generally, wrongful death cases are settled. Oftentimes the claims may be settled within months.