When someone close to you dies as a result of the negligence or intentional act of another person or entity, you may be able to take legal action in the form of a wrongful death lawsuit. This is a complex area of law, and it is important to work with an experienced wrongful death attorney if you decide to file a claim. In this article, we will discuss what you can expect from the process of hiring an attorney.
6 Things to Expect When Hiring a Wrongful Death Attorney
1. Questions About Circumstances Surrounding the Death
When hiring wrongful death attorneys in Houston, you’ll first need to answer some questions. The first thing an attorney will want to know is how your loved one died. This means going over the circumstances surrounding their death in detail. The attorney will ask about the location of the death, whether there was any eyewitnesses, and what kind of injuries were sustained. They will also want to know if there was any video footage of the incident. If you have a copy of the autopsy report, that will be helpful as well.
2. Questions Regarding Your Relationship to the Deceased
The attorney will also want to know about your relationship with the deceased and whether you are the executor of their estate. If you are not the executor, they may need to get in touch with that person. They will also want to know if you are the spouse, child, or parent of the deceased.
3. Financial Questions
Other questions they may ask include whether you were financially dependent on the deceased and whether you have suffered any damages as a result of their death. This could include things like medical bills, funeral expenses, and lost income.
4. Building a Case
After they have gathered all the facts, your attorney will start to build your case. This will involve reviewing the evidence, talking to experts, and researching similar cases. If they believe you have a strong case, they will then draft a complaint and file it with the court.
5. Communicate With Defendant’s Attorney
Once the complaint has been filed, the attorney will then communicate with the defendant’s attorney. This could involve negotiating a settlement or going to mediation. If they are unable to reach an agreement, the case will go to trial.
6. Recovering Damages From Wrongful Death
If you are successful in your wrongful death case, you may be able to recover damages. This could include things like medical expenses, lost income, funeral expenses, pain and suffering, and more. Your attorney will help you determine what types of damages you are entitled to and how much they are worth.
When Can a Wrongful Death Suit Be Filed?
The statute of limitations for wrongful death cases varies from state to state. In Texas, the suit must be filed within two years of the date of death. However, in some states, there are some exceptions to this rule, such as when the person who caused the death is a minor or if the estate has not been probated.
Car Accident
The NHTSA estimates that there are 5 to 6 million car accidents per year. Therefore, one of the most common types of wrongful death cases is when someone is killed in a car accident. This could be due to the other driver’s negligence or recklessness. If you have lost a loved one in a car accident, you may be able to file a wrongful death lawsuit against the at-fault driver.
Medical Malpractice
Another common type of wrongful death case is medical malpractice. If your loved one died as a result of the negligence or mistakes of a doctor, nurse, or hospital, you may be able to file a lawsuit.
Slip and Fall
If you lost a loved one in a slip and fall accident, you may be able to file a wrongful death lawsuit against the property owner. Property owners have a duty to keep their premises safe and free of hazards. If they breach this duty and someone is killed as a result, they may be held liable.
Workplace Accidents
If your loved one was killed in a workplace accident, you may be able to file a workers’ compensation claim or a wrongful death lawsuit. Workers’ compensation is a type of insurance that employers are required to have. It provides benefits to employees who are injured on the job.
What Constitutes a Wrongful Death Suit?
A wrongful death suit is a civil action that is filed by the survivors of someone who has died as a result of the negligence or intentional act of another person. The suit can be brought against the individual or entity responsible for the death, and it is used to recover damages such as medical expenses, funeral expenses, lost income, and pain and suffering.
Conclusion
If you have lost a loved one as a result of someone else’s negligence, you may be able to file a wrongful death lawsuit. To learn more about your rights and what to expect, contact an experienced attorney in your area.
