Why Is Having a Houston Wrongful Death Lawyer Important?
In 2020, the 4th leading cause of death was unintentional injury. There were 200,955 killed as a result of unintentional injury in the US.
If you’ve lost a loved one due to this type of injury, you’re probably experiencing unimaginable trauma and suffering.
While you’re sure to want to hold someone accountable for your loved one’s loss, the idea of living through the case again can feel overwhelming.
Are you wondering if or even when you should hire a Houston wrongful death lawyer? Your loved one is gone, so you might even wonder what a wrongful death attorney could do for you.
Read on to learn more about why you should hire a wrongful death attorney.
What Is a Wrongful Death Case?
It’s a good idea to start with the legal view of a wrongful death case. A wrongful death claim is filed when a victim dies due to wrongful or accidental death.
The key is, typically, that in some way, the resulting death was a consequence of someone else’s negligence.
Wrongful death cases are often similar to personal injury cases and usually handled by the same type of attorney.
The wrongful death attorney will work to seek justice and compensation for the irreversible actions that caused the death of a loved one.
Benefits of Hiring a Houston Attorney for Your Case
When a family suffers the loss of a loved one because of the negligence of another, their suffering is immense, emotionally and often financially, too.
Hiring a wrongful death attorney allows you to heal while someone else who understands the scope of your loss fights on your behalf to seek compensation for your loss.
Let’s take a closer look at the specific benefits of working with a wrongful death attorney.
Kinds of Damages
There are some commonalities between a wrongful death case and a personal injury case. In a personal injury case, like an auto accident, a victim can seek compensation for:
- Medical expenses
- Rehabilitation costs
- Diagnostic tests
- Prescriptions
- Lost wages
There are some other financial and non-financial damages that can also be sought.
The same is true for wrongful death cases. Additional funeral costs can be added to the case claim. There’s also a huge scope of non-economic damages that can be part of a wrongful death case.
For example, a spouse might now live many years without the benefit of a spouse’s income. A child will lose future inheritance and support from a parent that is now gone.
Valuation of the Possible Benefits
It’s an impossible task to calculate and consider the value of a loss of human life. Often families consider the lost income of their loved one. But then, considering the value of the loss is much more complex.
Often families underestimate the actual amount of loss. The courts have a system that allows attorneys to begin the valuation process and what should be included.
Often the process of valuation of benefits starts with the income of the lost loved one at the time of their death. Then calculating their life expectancy. Your attorney will also want to consider potential growth in revenue over time and possible advancements that could have occurred.
Available Compensation
Of course, when you lose a loved one, you understand what caused their death and maybe even who’s at fault.
Your wrongful death attorney needs to consider every option for negligence. Often more parties may be the source of negligence and could be a part of the overall claim.
This can also mean that if there are more potentially negligent parties, there are more insurance companies to be held accountable for the negligent death.
Understands the Legal Process
Of course, experiencing this loss is an emotional experience. You probably feel like you’re in survival mode.
The good news is that when you hire a wrongful death attorney, they know what to do and how to proceed to protect your interests.
The attorney knows the legal process and understands how to create a plan for how to proceed with your case to get you the benefits you deserve.
Wrongful death cases can be complex with many parties involved, so having a firm understanding of the legal process and how to proceed is critically important.
Legal Knowledge
Not only will your wrongful death attorney have a good understanding of the legal process your case is likely to follow, but they also know the law.
Wrongful death cases can be complicated when dealing with the issue of negligence and how to pursue it in your case. You want a lawyer because they know the law and can apply it to your benefit when seeking compensation.
Knows How to Create a Strategy for Your Case
Any legal case requires a lawyer to develop a strategy for how to tackle and manage the case.
Often family members who’ve lost a loved one in a wrongful death case are even reluctant to pursue a case. It feels too hard, too emotional.
This is the exact reason you want an experienced lawyer on your side. The lawyer can do the legal stuff. They can use their skills to create a strategy that, in the long run, will help your family.
Focus on the Case, So You Can Heal
The thought of going through a legal case will feel daunting. Your emotions feel too fragile to imagine, probably.
Yet, that’s really one of the reasons to hire an attorney. Let the attorney do the nitty gritty work of your case. They can deal with the insurance company and the very unpleasant details surrounding your case.
You can focus on taking care of yourself and your family while you grieve and heal from a terrible loss.
Expert Negotiator
It might be hard to be concerned or even aware of the importance of your lawyer’s skills at this point. However, one of the benefits of hiring an attorney to handle your case is their negotiation skills.
As mentioned, wrongful death cases are complex. Insurance companies are going to try to settle quickly so they can pay out the least amount.
A skilled attorney will know this and be prepared to use the facts of the case to negotiate on your behalf with all of the involved parties. They will know when to insist on more and when to push harder on your behalf.
Ultimately, they understand the death of your loved one was caused by someone else’s negligence and will for accountability and justice on their behalf.
Financial Implications
If your loved one was a provider for the family, you probably are already feeling the financial implications of the loss. It’s also the reason some people are hesitant to hire an attorney; they don’t want to spend more on fees.
Yet, in the long run, you’ll save money and probably time by hiring an attorney. The attorney won’t allow the insurance company to take advantage of your emotional state, getting you to settle your case for far less than it’s worth.
Most wrongful death attorneys will work on a contingency, so they only get paid when you get money. They want to get the most they can on your behalf without letting those responsible take advantage of you.
Understands Your Situation and Offers Support
Don’t underestimate the value of having someone on your side. The attorney will understand your fragile emotional state. While being supportive and understanding, they will also work like crazy to protect you.
It can be comforting to know you have an advocate, someone fighting for your best interests when you can’t do it yourself.
Who Can File a Wrongful Death Claim?
The laws vary by the state over who can file a wrongful death suit. Texas statutes say that the spouse, children, or parents of the deceased can file a wrongful death suit.
Any of these people can also go together to file a suit on behalf of the deceased. However, siblings or other significant people in the deceased’s life cannot file a suit.
If a suit hasn’t been filed within three months of the death, then the estate’s personal representative, often the executor, can file a wrongful death lawsuit assuming none of the other people who could file don’t object.
Get the Help You Need from a Houston Wrongful Death Lawyer
Losing a loved one is never easy, but doing it at the expense of someone else’s negligence is even worse. You need a Houston wrongful death lawyer who will work hard on your behalf to protect your interests and get justice for you and your family.
If you’ve suffered this kind of loss, we can help. Contact us today so we can discuss your case and get to work fighting on your behalf.