The sudden death and loss of a loved one are incredibly traumatic, painful, and bewildering experiences. The grief can be further exacerbated if the death was caused by the negligence of another party. In many cases, pursuing a legal claim may not be the first thing on the minds of the surviving family members, and some may even give up on their legal rights. However, it is important to remember that there are legal options available for both 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 are often burdened with significant medical bills left behind by the deceased, and the cost of providing a dignified funeral can be substantial. During this difficult time, you need a committed injury attorney who can assist you in taking legal action. Our Baytown wrongful death lawyers can help you seek monetary compensation for the economic and non-economic damages suffered by the deceased and their immediate family members.
Unlike a personal injury lawsuit where the injured party pursues a compensation claim, a wrongful death case is brought forward by a surviving family member of the deceased. Typically, a family representative (trustee) is appointed to lead the legal process. While no amount of money can replace the life of your loved one, we believe that seeking damages can provide some closure to the financial turmoil experienced by the deceased’s family after their passing.
Sadly, you cannot bring back the life of your loved one. However, you can take important steps to move forward in their absence by filing a wrongful death claim. While proving fault in a wrongful death claim may initially seem straightforward, taking legal action without sufficient evidence of negligence may result in futility. To make the process easier and allow yourself time to grieve, it is advisable to retain an experienced wrongful death attorney in the area.
Before pursuing a wrongful death claim, it is crucial to establish how your loved one lost their life. This step is essential as it forms the foundation for proving negligence and fault. There are various ways in which a wrongful death can occur according to Mayo Clinic, including:
You may need expert advice to understand and establish how the accident occurred. Unfortunately, an average citizen doesn’t have the resources and network required to access such experts. However, with a skilled Baytown lawyer, you will collaborate with accident reconstructionist, police, doctors, and other relevant parties to prove your fatal accident case.
Not all wrongful death cases are resolved through a trial. Therefore, there is no average settlement for such cases, and the amount you receive will depend on several factors. Moreover, each wrongful death claim is unique and will be heard and determined in its own way.
That being said, you can have a specific amount in mind when filing a claim. Your attorney will consider all your economic and non-economic damages before filing the wrongful death claim. Therefore, it is legally accurate to state 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 both economic and non-economic damages. Depending on your state and the applicable laws, you may also be eligible for punitive damages. These damages are not intended to fully compensate you (the plaintiff), but rather to punish the defendant for their negligence.
Economic damages will encompass the following losses:
Non-economic damages cover the intangible losses that the deceased and surviving family members endure. These include:
Unfortunately, calculating non-economic damages can be challenging, yet they often hold the utmost significance in any wrongful death case. There are often no receipts or bills to substantiate emotional trauma. However, your experienced lawyer can establish this by obtaining testimonials from treating therapists, psychiatrists, as well as family and close friends of the deceased’s surviving family.
You don’t have to face the loss of your loved one alone. Our Baytown wrongful death lawyers can assist you in moving forward by filing a claim on your behalf. To learn more about wrongful death lawsuits and the potential settlement amount you may recover, please call our Lone Star Injury Attorneys offices without delay.
By: Lisa V.
Max Paderewski was very knowledgeable
Max Paderewski was very knowledgeable and made me feel like family through the entire process. He answered any and all questions and was very pleasant and professional to work with. Max exceeded my expectations and got me compensation more than I expected and in a short time. I would highly recommend Max Paderewski!
Rating: ★★★★★5 / 5 stars