When someone is killed in an accident, many people naturally focus on the grieving process, which is both natural and necessary. However, we often overlook the possibility that someone else might be responsible for the loss of our loved one(s), and we may wonder how to hold them accountable. Unfortunately, due to the lack of proper legal counsel and concerns about the cost of legal action, many individuals give up on pursuing justice. Fortunately, there is a solution to this.
If you have lost a loved one due to an accident caused by someone else, you may be uncertain about how to seek compensation for their death. The estate of any deceased person is entitled to file a wrongful death claim to seek compensation for damages resulting from that loss. Yet, amidst the trauma of death, many deserving families miss out on million-dollar settlements because they can’t focus on their case. However, with our La Porte wrongful death lawyer, you don’t need to worry. Our compassionate personal injury attorneys take it upon themselves to bring you closure while you grieve the loss of your loved one.
What is a Wrongful Death Claim?
When someone is injured in an accident, they typically file a personal injury claim for compensation. However, if someone is killed under similar circumstances, the claim changes to a wrongful death claim. This occurs when someone’s life is cut short due to the negligent actions or inactions of another party. Often, the party at fault is deemed to have breached their legal duty of care towards the deceased.
Filing a wrongful death claim allows the deceased’s estate to seek economic and non-economic damages that the deceased would have pursued if alive. Additionally, this lawsuit also takes into account the losses suffered by the family, which may include:
- Pain and suffering
- Medical costs
- Emotional trauma
- Loss of consortium
- Loss of care
- Burial/funeral costs
- Lost wages
- Lost financial benefits
As you may not be fully aware of the extent of damages you have suffered, it is crucial to retain a wrongful death attorney in La Porte. The attorneys at our firm have a rich history of working with financial experts who can help us determine the actual value of your claims, enabling us to seek maximum compensation. Moreover, it is essential to note that not all deaths qualify as wrongful deaths, and in such cases, we work with medical practitioners to help determine the root cause of death.
For a free legal consultation with a wrongful death lawyer serving La Porte, call (832) 449-8230
Proving a Fatal Accident Claim
To successfully file a valid wrongful death lawsuit, there are four basic elements that you must prove:
Negligence
As in any personal injury lawsuit, you must demonstrate that someone else’s negligent behavior led to the death of your loved one. For example, if a life was lost in a car accident, you must prove that the driver was either intoxicated, speeding, or unqualified to be on the road.
Breach of Duty of Care
As the plaintiff, it’s your responsibility to prove that there was a legal duty of care owed to your loved one. You must establish and demonstrate how the defendant owed them a duty of care and how it was breached. For instance, if a company failed to provide the deceased with proper safety equipment, resulting in their death, you must prove that they breached the duty of providing for the safety of your loved one.
Causation
If the breach of care did not cause harm, you may not have a valid claim. However, if it did lead to the loss of your loved one, you must show how the breach of care caused their death. In other words, you need to demonstrate that the victim would have been alive were it not for the actions or inactions of the defendant.
Damages
To receive monetary compensation for your losses, you must prove that you have incurred quantifiable damages. These may include medical and burial costs, pain and suffering, as well as lost wages. This requires strong and compelling evidence, some of which may require the input of expert witnesses. Our fatal accident attorneys will build a robust case based on the facts surrounding your loss.
La Porte Wrongful Death Lawyer Near Me (832) 449-8230
Common Causes of Wrongful Death in La Porte
Various scenarios may lead to wrongful death, and many of these tragedies are preventable. Some of the common causes include:
- Car accidents
- Workplace accidents
- Fire accidents
- Construction site accidents
- Acts of violence such as robbery
- Medical malpractices
- Slip and fall accidents
- Product defects
All these causes require you to establish the four basic elements of negligence before you can be compensated. A skilled attorney experienced in wrongful death cases can assist you in proving negligence in your situation.
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Our La Porte Wrongful Death Attorneys Can Offer Assistance
Proving a wrongful death claim can be complex, and you also need time to grieve the loss of your loved one. That’s why it’s crucial to have someone who understands your pain and can provide the closure you need. Our La Porte wrongful death lawyers are caring and compassionate when handling such cases, and they will strive to help you achieve the justice your loved one deserves. Contact our office today for a free consultation.
Call or text (832) 449-8230 or complete a Free Case Evaluation form