Each week, local TV screens display grieving families mourning the loss of their loved ones to traffic accidents. Often, these tragedies are punctuated by neglect in hospitals or nursing homes. What’s universally evident in many of these cases is driver negligence. When individuals entrusted with maintaining safety on the road fail to uphold their duty of care, their actions become negligent or reckless. Should these actions result in physical, emotional, or psychological harm to others, the guilty party can be sued through a personal injury lawsuit.
However, when such negligence leads to a fatality, the estate of the deceased, or any other legally appointed party, may file a wrongful death claim as per Texas Statutes 71.001. The purpose of this is to secure recovery from the negligent party and aid the deceased’s family in moving forward. If you have lost a loved one under negligent circumstances, it’s vital to consult a Humble wrongful death lawyer to determine the viability of your claim. The skilled legal team at Lone Star Injury Attorneys stands ready to help you fight for compensation.
Understanding Wrongful Death Attorneys and Their Role
A wrongful death lawyer is a legal professional who advocates for families whose loved ones have fallen victim to negligent or reckless actions. These personal injury attorneys specialize in wrongful death cases. While a state prosecutor may file criminal charges against the party at fault, the deceased’s family can only benefit if they file civil charges.
Under criminal liability, the guilty party is penalized by the state through imprisonment or fines payable to the state, but this does not compensate for anyone’s loss. Filing a wrongful death claim allows you to demand monetary compensation that the deceased would have been entitled to had they survived, along with compensation for damages you have incurred due to their absence.
For a free legal consultation with a wrongful death lawyer serving Humble, call (832) 449-8230
The Role of a Fatal Accident Lawyer
As previously stated, a wrongful death attorney’s primary task is to assist you in securing monetary compensation. To achieve this, they undertake several specific roles. Although you can file a fatal accident claim independently, the potential recovery is generally less than when engaging an attorney. Without the necessary legal knowledge and expertise to argue your case and prove liability, the process can become complex and stressful. Furthermore, grieving families often find it difficult to navigate legal complexities during such a challenging time. To ensure your case is treated with the respect and seriousness it deserves, you should engage a lawyer in Humble.
Key roles of an attorney include:
Negotiating with Insurance Companies
Your initial step in seeking compensation in any civil case often involves negotiating with insurance companies. While this process is typically less expensive and faster than court proceedings, it doesn’t necessarily make it easier. The intricacies involved, particularly when dealing with insurance adjusters, require an assertive and dedicated fatal accident attorney.
Insurance companies can occasionally act in bad faith, failing to pay claims even when liability is clear. Even when they do pay, the settlement often does not adequately reflect the compensation you deserve. For instance, the insurance adjuster may attempt to diminish your claim by arguing that your loved one contributed to their own demise or had a pre-existing medical condition that would have shortened their lifespan. Without medical experts to substantiate your claims, you risk missing out on a substantial settlement.
Proceeding to Trial/Court
If negotiations don’t yield a satisfactory result, your journey doesn’t end there. You have the option to file a petition in court seeking compensation. This step involves significant legal paperwork and strict deadlines with which attorneys are highly familiar. A judge or jury will then examine your case and consider the evidence presented. If your lawyer possesses the necessary skills to win your case, you may even be granted punitive damages, depending on the specifics of your case. Regardless, the litigation process truly tests the proficiency of your attorney.
Additional responsibilities of your attorney include:
- Conducting a thorough investigation of your case
- Determining liability
- Gathering crucial evidence
- Engaging expert witnesses
- Documenting eyewitness testimonies
Each of these steps will give you a competitive edge, whether you are negotiating or proceeding to trial.
Humble Wrongful Death Lawyer Near Me (832) 449-8230
Contact a Humble Wrongful Death Attorney Today
If you’ve suffered the loss of a loved one due to the negligent actions of another party, reach out to our office today. We comprehend the immense trauma associated with such a loss and the challenge of acceptance. Allow our compassionate Humble wrongful death lawyers to advocate on your behalf. Equipped with the necessary resources, expertise, and dedication, we are committed to helping you achieve the closure you urgently seek. To connect with us, either call our offices today or complete our online contact form.
Call or text (832) 449-8230 or complete a Free Case Evaluation form