There are many ways for a life to be lost. But when someone else is responsible for that loss, everything changes. The surviving family members of the deceased may face a lot of emotional trauma, and the grieving period may be prolonged. Nobody should undergo such psychological torture due to the negligence of another party. Luckily, family members of the deceased may be able to file a wrongful death claim for compensation.
The circumstances surrounding your loved one’s death will largely determine whether you are eligible for compensation. The only way to be sure is to let a qualified and experienced attorney handle your case. With their skills and resourceful experts, no stone will be left unturned in your quest for justice and compensation. If you wish to speak with our Brazoria County wrongful death lawyer about your case, please don’t hesitate to contact our offices at Lone Star Injury Attorneys today.
A wrongful death occurs when someone is killed due to the negligence and recklessness of another party. It’s assumed that the deceased would have been alive were it not for that negligent person’s actions or inactions. Generally speaking, if the actions of the party at fault were reversed, the deceased would be alive. For example, if a distracted driver (or worse, a drunk driver) struck a pedestrian, it’s true to assume that the wrongful death was avoidable had the driver not been driving negligently.
Like any other civil case, it’s the sole responsibility of the plaintiff to prove their claim. Without doing so, recovering compensation may be a difficult pursuit. But with the right counsel and help from a knowledgeable attorney, you may recover significant compensation in your wrongful death case.
To successfully file a wrongful death claim in Brazoria County, you must basically prove the following elements:
To prove that your loved one’s death was preventable, you must show how the defendant was negligent. For example, if a distracted driver caused an accident, you must show that their recklessness directly caused your loved one’s death.
To be successful in your wrongful death claim, your lawyer must show that the defendant owed you a legal duty of care. For example, each driver has a duty of care towards their passengers and other road users. If negligent behavior such as speeding results in a crash where someone is killed, they become liable for the losses and damages that follow.
If the breach of duty of care never caused any harm, you may not be able to recover compensation. In this case, you cannot file a wrongful death claim if life was not lost in the first place. However, if there was an injury where the victim survives, that person would then have a different personal injury claim to bring forth. Either way, there must be a link between your loved one’s death or injury and the accident. A medical expert may help prove this.
One of the biggest reasons why civil cases are filed is to help plaintiffs recover monetary compensation for their losses and damages. They could be tangible or intangible. A wrongful death claim allows you to recover compensation for:
Proving these elements requires you to provide indisputable evidence against the defendant. Collecting, preparing, and providing this evidence requires a skilled attorney. Additionally, you may need expert witnesses to back your claims. Having a lawyer helps you build a strong case after the loss of your loved one.
There are many ways that wrongful death may occur. Sadly, most of them are preventable but for the negligence of another person. You will also need to prove the four elements mentioned earlier for each of these scenarios. They include:
Before filing a wrongful death claim, it’s important to investigate your case to the fullest. Leaving no stone unturned ensures that you are well prepared with facts around your case before going to trial or negotiating with insurance companies. And due to the complexity of such fatal accident cases, you are better off retaining a seasoned lawyer.
The Brazoria County wrongful death lawyers at Lone Star injury Attorneys understand how traumatizing losing a loved one is. We can’t bring ourselves to imagine the pain and trauma you may be going through knowing that someone else is responsible for your loss. But there is something we can do to bring you the closure and justice you desperately need. To learn more about how we can help you file a wrongful death claim, please contact us right away.
By: Benjamin E.
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