Every week, we see families on local TV grieving the loss of their loved ones who die in traffic accidents. You may see them lamenting over the neglect of their loved ones in hospitals or nursing homes. What seems to be nearly universal in some of these cases is driver negligence. When the people entrusted to be safe on the road fail to maintain their duty of care, they become negligent or reckless. And in case this causes physical, emotional or psychological harm to another party, they may be sued through a personal injury lawsuit.
But when the same negligence results in death, the estate of the deceased (or any other legally appointed party) may file a wrongful death claim as stipulated under Texas Statutes 71.001. This is geared towards recovering from the negligent party and helping the deceased’s family move on with the next chapter in life. If you have lost a loved one under any negligent circumstances, it’s important to speak with a Humble wrongful death lawyer to determine whether you have a viable claim. The skilled legal team at Lone Star Injury Attorneys is here to help you fight for compensation.
A wrongful death lawyer is a legal practitioner who helps seek justice for families whose loved ones have been killed under negligent or reckless circumstances. They are personal injury attorneys who specialize in wrongful death. Although criminal charges may be filed by a state prosecutor to punish the party at fault, the family of the deceased does not gain anything unless they file civil charges.
Under criminal liability, the party at fault will only be punished by the state, and either jailed or compelled to pay fines to the state, but it won’t compensate anyone for their loss. By filing a wrongful death claim, you will be demanding monetary compensation that the deceased would have been entitled to had they survived. You will also be compensated for damages you suffered as a result of their absence.
As mentioned earlier, your wrongful death attorney’s major task is to help you recover monetary compensation. However, there are specific roles they must undertake to make this happen. You may file a fatal accident claim on your own, but you are likely to recover much less compared to when hiring an attorney. Without the legal knowledge and expertise required to argue your case and prove liability, the process may be a difficult and stressful process. On top of that, many families are focusing on grieving for the loss of their loved one instead of navigating the legal hurdles in a wrongful death case. So, to ensure that your case is treated with the seriousness it deserves, you should retain a lawyer in Humble.
Some of the major roles of an attorney include:
Your first shot at recovering compensation in any civil case is negotiating with insurance companies. The process is often less expensive and quicker compared to a court process. However, this doesn’t make it any easier. Its complexity, especially when dealing with insurance adjusters, requires an aggressive and dedicated fatal accident attorney.
Insurance companies sometimes act in bad faith by failing to pay claims even when liability is clear. When they do, the settlement is often not a true reflection of the amount you deserve. For example, the insurance adjuster may downplay your claims by arguing that your loved one contributed to their own harm or had an existing medical condition that would have resulted in a shorter lifespan. Without medical experts to back your claims, you may be locked out of a multi-million dollar settlement.
If negotiations fail, that’s not the end. You may file a petition in court seeking compensation. This process involves a substantial amount of legal paperwork and deadlines that attorneys are most familiar with. A judge or jury will listen to your case and the evidence tabled before them. If your lawyer has what it takes to win your case, you may even be awarded punitive damages depending on the facts of your case. But either way, the litigation process is where the expertise of your attorney is put to test.
Other roles of your attorney include:
All these will place you a step ahead when negotiating or proceeding to trial.
If you have lost a loved one due to the negligent behavior of another party, call our office today. We understand how traumatizing it is to come to terms with the loss. And for this reason, you should let our compassionate Humble wrongful death lawyers fight on your behalf. We have the resources, expertise, and dedication needed to bring you the closure you desperately need. To contact us, call our offices today or fill our online contact form.