A wrongful death claim may be filed against anyone or any institution that was legally at fault for a person’s death. This can include:
Whether it’s a car accident or a medical malpractice suit, the surviving family members or other real parties of interest may file a wrongful death claim on behalf of the deceased to cover pain and suffering, medical expenses, funeral expenses, and lost wages.
By far the majority of wrongful death cases are the result of car accidents. When a driver causes an accident that results in the death of another driver, oftentimes the responsible party may be held liable for wrongful death. In addition to car accidents, wrongful death claims often arise from deaths due to the following;
A wrongful death claim is typically brought by the spouse or direct dependents of the deceased and includes compensation for the pain and suffering of the surviving family members, loss of the deceased one’s future income, funeral expenses, outstanding medical bills, and loss of consortium.
A survival action, on the other hand, is similar in that is it brought on behalf of a deceased individual, but this type of action takes into account the types of losses that the deceased person himself suffered. In simpler terms, this is for the damages they could have recovered in a lawsuit had the deceased not died. It is typically brought by the deceased person’s estate and then distributed to surviving family members and may include damages such as the pain and suffering and lost earnings that the deceased person endured prior to their death.
If you have recently lost a loved one due to wrongful death and are considering filing a wrongful death claim, its important to know that in most cases, Texas law states that you have just two years from the time of death to bring your claim. While two years may seem like a long time, remember that building a case can take a considerable amount of time.
First you’ll need to find the right law firm to work with. You should make sure upfront that the attorney you are considering has handled these types of cases before with successful outcomes, and that the firm has the resources needed to build a rock-solid case.
Next, your legal team will closely examine the circumstances surrounding the events that lead to your loved one’s death. It must be proven that the responsible party showed negligence. For example, in a car accident case, it must be proven that the guilty party was at fault for the accident which caused your loved one’s death. The type of evidence needed to prove negligence will vary based on the type of case but the underlying legal principals are the same. In most cases, witnesses will be contacted, experts may be consulted, and documents may need to be tracked down and compiled.
Once negligence can be shown, your team will need to establish a direct correlation between the consequences of the negligence, and the death of your loved one. If, for example, your loved one was badly injured in a car accident and then passed away several days later while in the hospital, it must be proven that the death was the direct result of injuries sustained in the accident and not due to some other pre-existing condition. A history of medical records may need to be compiled to rule out any other possible causes of death.
Finally, damages must be shown. This includes the bereavement of the surviving family members as well as all the quantifiable monetary damages. Once a case has been built, your legal team will seek compensation either through a settlement with the at-fault party or through a legal action in a court of law.
Insurance companies often attempt to obtain the lowest settlement possible. It’s important to have a law firm on your side that knows how to deal with insurance companies, what to expect, what questions to ask, and ways to approach certain scenarios to provide the best outcome for you, the client. The wrongful death attorneys at The Barber Law Firm will do everything in their power to ensure you receive the compensation you deserve.
The Barber Law Firm is knowledgeable of wrongful death litigation cases and will fight for you every step of the way. In most cases, we offer our legal services on a contingency fee basis, meaning we only get paid if you do. Since our success is dependent on your success, you can rest assured we will work hard to ensure you are represented fairly in court.
For a FREE consultation on a wrongful death claim, consult the wrongful death attorneys at The Barber Law Firm at 972-231-5800, or fill out our online form.
Wrongful death is defined as the loss of life to a person as a result of another’s intentional or unintentional actions. If an individual or entity causes harm to another person and the injuries sustained result in that person’s death, then the individual may be held liable for wrongful death. A wrongful death claim has no correlation with criminal action, meaning that even if the defendant is cleared of criminal charges, the victim’s family may still be able to pursue a civil action for wrongful death.
Though pursuing a lawsuit will not bring your loved one back, The Barber Law Firm will ensure that those responsible are held accountable for their actions. Our team of wrongful death attorneys can help relieve the financial burden placed on you and your family by bringing the responsible individual or parties to justice.
Forming a strong case can be daunting. Not only are you recovering from your injuries, but you will need to collect and submit all documentation needed to establish a claim in order to receive the fair settlement you deserve. Our attorneys have considerable skill, knowledge, and experience with car accident claims. They will help you by working with you, the medical providers and the insurance companies so that you can focus on your recovery. The following will be reviewed by the insurance company when evaluating your claim:
The best way to fight for your rights against insurance companies that seek to obtain the lowest possible settlement is to consult a personal injury attorney. Representing clients in Dallas, Fort Worth, and throughout the entire state of Texas, The Barber Law Firm will work for you to recover for your personal injuries due to an automobile, motorcycle, or truck accident that was caused by someone else’s negligence.
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