When a loved one is taken from us prematurely due to the negligence or misconduct of another person or entity, it can be a difficult and overwhelming time for families. In addition to the emotional pain and loss, there may also be financial strain from medical expenses, funeral costs, and lost income. It is where Wrongful Death Lawyers come in. They are professionals who specialize in helping families navigate the legal process and seek justice for their loved one’s death.
This blog post will explore all you should know about Wrongful Death Lawyers, including what they do, when to hire one, and what to expect during the legal process. Whether you are currently facing this difficult situation or want to be informed, this post will provide valuable information and resources to help guide you through this difficult time.
What is a Wrongful Death Accident Lawyer?
A Wrongful Death Accident Lawyer is a type of attorney who specializes in handling legal claims related to the death of an individual caused by the negligence or misconduct of another person or entity. These cases can arise from many accidents, such as car crashes, medical malpractice, workplace accidents, etc. The wrongful death lawyer’s main goal is to help the deceased person’s family seek justice and financial compensation for their loss.
It may include compensation for medical bills, burial costs, lost income, and pain and suffering. They will investigate the circumstances of the accident and gather evidence to build a strong case on behalf of the family. They will also handle the legal process, including negotiating with insurance companies and representing the family in court if necessary.
Who Can File a Wrongful Death Lawsuit
A Wrongful Death Lawsuit can be initiated on behalf of the decedent’s remaining family members or beneficiaries by the personal representative of the deceased person’s estate. The person appointed as the personal representative is responsible for managing the estate and pursuing legal claims on behalf of the deceased person’s family.
Typically, the following people are considered to be the “survivors” who are entitled to seek damages in a wrongful death lawsuit:
- Spouse
- Children
- Parents
- Siblings
- Financial dependents of the deceased person.
However, the specific individuals eligible to file a wrongful death lawsuit can vary depending on state laws and the case’s specific circumstances. An experienced wrongful death lawyers can help you understand who is eligible to file a lawsuit in your state.
Common Causes of Wrongful Death
Wrongful death can occur in a variety of ways, but some of the most common causes include the following:
Motor vehicle accidents:
Automobile, motorcycle, and Truck Accidents are among the most common causes of wrongful death. These accidents can be caused by negligent or reckless driving, defects in the vehicle, or poorly designed roads.
Medical malpractice:
This occurs when a healthcare professional fails to provide an adequate standard of care and that failure leads to a patient’s death. Examples include surgical errors, misdiagnosis, and failure to provide proper treatment.
Workplace accidents:
Workers can be killed on the job due to employer negligence or unsafe working conditions. Examples include construction accidents, industrial accidents, and exposure to hazardous materials.
Premises liability:
Property owners have to keep their property safe for visitors. They can be held liable when they fail to do so, leading to death. Examples include Slip And Fall Accidents, drowning in a swimming pool, and exposure to carbon monoxide.
It is important to note that each wrongful death case has unique facts and circumstances, and it is important to consult an attorney who can help to determine the cause of death and potential liability.
Proving Liability in a Wrongful Death Case
Proving liability in a Wrongful Death Case involves showing that the person or entity being sued is responsible for the deceased person’s death. To do this, the plaintiff (the person filing the lawsuit) must establish that the defendant (the person or entity being sued) had a legal duty to the deceased person, that the defendant breached that duty, and that the breach of duty directly caused the death of the deceased person.
Here are some examples of how liability can be established in a wrongful death case:
Negligence:
The defendant is liable if they failed to exercise reasonable care and that failure led to the deceased person’s death. For example, if a driver runs a red light and hits a pedestrian, they may be liable for the pedestrian’s death if it can be shown that they were negligent in failing to obey traffic signals.
Product liability:
A manufacturer or seller of a defective product might be liable for wrongful death if the product caused the death of the person who used it.
Intentional acts:
If someone intentionally causes the death of another person, they can be held liable for wrongful death.
It’s important to note that proving liability in a wrongful death case can be complex and require significant evidence and legal expertise. It is important to hire an experienced Wrongful Death Attorney who can help you to investigate the case, gather evidence, and build a strong liability case.
The Process of Hiring a Wrongful Death Lawyer
The process of hiring a Wrongful Death Lawyer can vary depending on the specific circumstances of the case, but generally, it follows these steps:
Consultation:
The first step in hiring a wrongful death lawyer is to schedule a consultation. During this meeting, the lawyer will ask questions about the case and provide an overview of the legal process. They will also explain their fees and how they plan to handle the case.
Investigation:
If the lawyer agrees to take the case, they will investigate the circumstances surrounding the death. It may include interviewing witnesses, gathering evidence, and consulting with experts.
Filing a lawsuit:
After the investigation, the lawyer will file a wrongful death lawsuit on behalf of the deceased person’s estate or surviving family members. The lawsuit will be filed in the appropriate court and served on the defendant(s).
Discovery:
After the lawsuit is filed, both sides will engage in the discovery process. It includes exchanging information, taking depositions, and gathering evidence. The goal of the discovery process is to uncover all the case facts.
Settlement negotiations:
Many Wrongful Death Cases are settled out of court. During settlement negotiations, the lawyer will work to reach an agreement with the defendant or their insurance company that is fair and just for the client.
Trial:
If the case does not settle, it will go to trial. The lawyer will present evidence and call witnesses to support the client’s case. The jury will then decide on liability and damages.
Appeal:
If either side is unsatisfied with the trial’s outcome, they can appeal the decision. The lawyer will assist the client in the appeal process.
It is important to note that hiring a wrongful death lawyer can take time and be emotionally difficult for the clients. An experienced wrongful death attorney can guide clients through the legal process and help them understand what to expect.
How to Choose the Right Wrongful Death Lawyer for Your Case
Choosing the right and Best Wrongful Death Lawyer for your case is crucial to ensuring that you receive the best possible outcome. Here are some tips to help you choose the right lawyer for your case:
Look for experience:
Experience is key when it comes to wrongful death cases. Look for a lawyer with a successful track record of handling similar cases and a deep understanding of the laws and regulations related to wrongful death.
Check their credentials:
Ensure that the lawyer you are considering is licensed to practice law in your state and has no disciplinary actions on their record.
Look for a good communicator:
A good wrongful death lawyer will be able to communicate effectively with you and keep you informed about the progress of your case.
Consider the lawyer’s reputation:
Check online reviews, ask for references from other clients, and ask the lawyer for a list of previous cases they have handled.
Look for a lawyer who is a good fit for you:
Choosing a lawyer with whom you feel comfortable working and who will take the time to understand your case and your specific needs is important.
Ask about the fees:
Most wrongful death lawyers work on a contingency fee basis, meaning they only get paid if they win your case. However, it would help if you still asked about their fees and how they will be calculated.
The most important factor in choosing a wrongful death lawyer is that you trust and feel confident in their ability to represent your case. It is important to take the time to find the right lawyer for you and your case.
Conclusion
Car Wreck Houston is a reputable wrongful death law firm dedicated to helping families who have lost a loved one due to the negligence of another party. Their team of experienced Wrongful Death Lawyers understands the emotional and financial burden of wrongful death. They work tirelessly to ensure their clients receive the justice and compensation they deserve.
If your loved one has been affected by a wrongful death, it is important to seek legal guidance as soon as possible. Car Wreck Houston is here to help you through this difficult time and to help you navigate the legal system to achieve the best possible outcome. Call us right away to schedule a Free Consultation. We’ll be happy to assist you!