If you’ve lost a loved one due to the negligence of another person or entity, then you are likely entitled to compensation. A wrongful death lawyer will help you understand your case so that you can get justice. Learn more about how a lawyer can be instrumental in helping you recover from the loss of your loved one.
Five Ways a Wrongful Death Lawyer Can Help You Get Justice
1. Assess Your Case
The first thing your lawyer will do is assess your case. A lawyer will examine the details of your case, including any evidence you may have, to determine whether you have a wrongful death lawsuit.
That said, when a lawyer is assessing your case, you must remain open to the possibility that the circumstances of your claim do not qualify for a wrongful death lawsuit. A wrongful death lawsuit must meet several elements to be successful, and a lawyer always gives you the best advice so you can seek appropriate justice.
Who Is Allowed to File
For a wrongful death lawsuit, there are only a few people who are entitled to file a claim. For example, children and spouses of the deceased person can file a wrongful death lawsuit. Other people who may qualify to file include those who depended on the health insurance or financial support of the deceased person, such as minor children who are not biologically related to the deceased, and elderly parents of the deceased.
Types of Cases You Can File
There are two different cases you can file for wrongful death. The first is a wrongful death claim, which is filed by family members of the deceased person to seek compensation for financial losses and emotional suffering associated with the death of their loved one. The second is a survival claim, which can be filed by the estate or the estate holder of the deceased person.
2. Estimate Your Settlement
A lawyer will also be able to estimate your settlement. For example, a lawyer will be able to tell you about the compensation caps that may apply to your case. In Texas, while there is no cap on economic compensation for wrongful death claims, there is a compensation cap on non-economic damages, such as pain and suffering.
Factors That Determine Compensation
There are many factors that may be used to calculate compensation for a wrongful death claim. Wrongful death attorneys in Houston will help you understand that you may not be entitled to all forms of compensation. For financial damages, the most common damage to claim is the loss of financial earnings from the deceased person, particularly if the deceased was the primary income earner.
Compensation can also include loss of inheritance, loss of companionship, and loss of household services. Compensation for emotional needs can even include the trauma of the loss, loss of emotional support, and therapy required by the survivors.
3. Provide Legal Support and Advice
A lawyer will provide legal support and advice to you throughout your case. Whether your case goes to court or can be settled through mediation, a lawyer specializing in wrongful death will be able to support you throughout the process so that you understand each stage of your lawsuit.
What If Someone Dies Before a Personal Injury Lawsuit Is Finalized?
A lawyer will be able to answer complex questions about your case. For example, if your loved one was previously filing a personal injury lawsuit but died before the lawsuit was finalized, you may be able to change the personal injury lawsuit to a wrongful death claim. However, this is only possible if your loved one died due to complications from the injury they were launching a personal injury lawsuit for.
4. Represent You In Court
Lawyers will need to represent you in court if your case cannot be settled through mediation. If your case goes to court, then a lawyer will have to provide adequate evidence to prove the death of your loved one has caused an immediate financial burden on your life. Additionally, the lawyer may also need to prove that someone is liable for the death of the deceased.
5. Gather and Present Evidence
It’s the role of your wrongful death lawyer to gather and present evidence that will prove your case. Many types of evidence can be used to prove a wrongful death case. For example, employment records, medical records, and other documentation can all be used as evidence in a wrongful death claim.
The loss of a loved one is hard enough without the additional financial burden associated with the tragedy. Fortunately, a wrongful death claim can mitigate some of the financial stress of losing a loved one. Even though compensation is cold comfort, it can still be critical for families who are recovering. A lawyer who specializes in wrongful death cases can advise and support you every step along the way.
