The sudden death and loss of a loved one is traumatizing, painful, and confusing in equal measure. The grief can be worsened if the death was caused by the negligence of another party. For many surviving members, pursuing a legal claim is never in the picture. Some just let go and give up on their legal rights. As you carry the burden on whether to file a wrongful death claim, you should remember that you do have legal options for the deceased and the surviving family members.
At Lone Star Injury Attorneys, we understand that the grieving process is emotionally and financially draining. Family members have to contend with offsetting huge medical bills that the deceased often leaves behind. Worse still, giving your loved one a befitting sendoff is often costly. During this time, you need a dedicated injury attorney to help you take legal action. Our Baytown wrongful death lawyers can help you pursue monetary compensation for the economic and non-economic damages suffered by the deceased and his or her immediate family members.
Unlike a personal injury lawsuit where the injured party is responsible for pursuing a compensation claim, a wrongful death case is brought forward by a surviving family member of the deceased. Normally, a family representative (trustee) is appointed to spearhead the legal process. While no amount of money can replace the life of your loved one, we believe that seeking damages brings closure to the financial turmoil that the deceased’s family goes through after their loved one’s death.
Sadly, you can’t bring back the life of your loved one. But fortunately, you can take some important steps to ensure that you move on with life even in their absence. This is done by filing a wrongful death claim. And while proving fault in a wrongful death claim might seem to be simple, taking this legal action without proof of negligence may end in futility. To make things easier, while giving yourself time to grieve, you should retain an experienced wrongful death attorney in the area.
Before taking legal action for wrongful death, you must, first of all, establish how your loved one lost his or her life. Doing so is very important as it sets the stage for proving negligence and fault. There are many ways that a wrongful death can occur. They include:
You may need expert advice to understand and prove how the accident occurred. Unfortunately, an average citizen doesn’t have the resources and network to access such experts. But with a skilled Baytown lawyer, will work with accident reconstructionists, police, doctors, and any other valuable party to prove your fatal accident case.
Not all wrongful death cases are settled through a trial. For this reason, there’s no average settlement for such cases, and the amount you receive will be based on several factors. Moreover, wrongful death claims are distinct from each other, and with that, every case will be heard and determined in its unique way.
That said, you can easily have a figure in mind when filing a claim. Your attorney will take into account all your economic and non-economic damages before filing the wrongful death claim. It’s therefore legally correct to say that any wrongful death claim is worth at least the total value of all losses or damages suffered by the deceased and surviving family members.
Surviving family members are entitled to compensation for economic and non-economic damages. Depending on your state and the applicable laws, you may also receive punitive damages. These types of damages are not meant to make you (the plaintiff) whole again but to punish the defendant for his or her negligence.
Economic damages will cover the following losses:
Non-economic damages cover the intangible losses that the deceased and surviving family members suffer. They include:
Unfortunately, non-economic damages are very difficult to calculate yet they are often the most important damages to any wrongful death case. There are often no receipts or bills to prove that you suffered emotional trauma. However, your seasoned lawyer can find a way to prove this by seeking testimonials from treating therapists and psychiatrists, as well as family and friends closest to the deceased’s surviving family.
You don’t have to go through the loss of your loved one alone. Our Baytown wrongful death lawyers can help you move on with life by filing a claim on your behalf. To learn more about wrongful death lawsuits and the amount of settlement you stand to recover, call our Lone Star Injury Attorneys offices right away.