Wrongful Death Claims in Houston, TX: Stages Of the Personal Injury Lawsuit Process
If you or a loved one has suffered the loss of life due to another person’s negligence in Houston, TX, you may be entitled to seek compensation through a wrongful death claim. This type of personal injury lawsuit is designed to help provide financial security for families and survivors who have lost their primary source of income as a result of an accident. But understanding the stages of the lawsuit process can be confusing and overwhelming. In this article, we’ll explain the basics of a wrongful death claim in Houston and walk you through the steps involved.
Wrongful Death Claims In Houston, TX
Under Texas law, a wrongful death claim is a lawsuit brought against an individual or entity whose negligent or intentional act resulted in the death of another person. If a loved one has died due to someone else’s negligence, you may be entitled to compensation through a wrongful death claim. These types of cases are typically handled by personal injury attorneys who specialize in wrongful death lawsuits.
Different Types Of Damages Available Through A Wrongful Death Claim In Houston, TX
In a successful wrongful death claim, the plaintiff (the person bringing the lawsuit) can be awarded financial compensation for various types of damages. These can include the following:
• Loss of consortium (loss of companionship).
• Medical bills associated with the decedent’s injury or illness.
• Funeral costs and other expenses related to the death.
• Pain and suffering endured by the decedent before their passing.
• Loss of financial support for the bereaved family members.
• Punitive damages (as a punishment for the defendant’s negligence or intentional act).
These damages can be awarded in both a jury trial and a settlement agreement. In Houston, TX, the court will determine the number of damages that should be awarded based on the facts of your case.
Steps Involved In Filing A Wrongful Death Claim In Houston, TX
Filing a wrongful death claim in Houston can be a long and complicated process, but following the steps below will help ensure that you receive the compensation you deserve.
Pre-Litigation
During this stage, your attorney will gather all necessary evidence to support your case. This can include medical records, police reports, photographic or video evidence of the accident scene, and witness testimony.
Demand Letter
Once your attorney has a full understanding of the case, they will send a demand letter to the defendant’s insurance company outlining all damages you are seeking.
Settlement Negotiations
If the insurance company agrees to the damages outlined in the demand letter, your attorney will enter into settlement negotiations with them to determine a fair amount of compensation for your wrongful death claim.
Filing A Lawsuit
If settlement negotiations fail or if the defendant does not have liability insurance, your attorney may decide to file a lawsuit against the negligent party. This is a complicated process and can take months or even years to conclude.
Trial
If your case goes to trial, your attorney will present your evidence in court and argue on behalf of your wrongful death claim. After both sides have presented their arguments, the jury will decide whether you are entitled to any damages or not.
Overall, the wrongful death claim process in Houston can be confusing and overwhelming. It is important to have a skilled personal injury attorney who understands the complexities of these types of cases and can help you get the compensation you deserve. An experienced lawyer will be able to guide you through each step of the lawsuit process and ensure that your rights are protected throughout.
How A Houston Personal Injury Lawyer Can Help With A Wrongful Death Claim
Wrongful death claims can be complex and difficult to manage on your own. It is important to have an experienced personal injury attorney who understands the intricacies of wrongful death law in Houston, TX, and can help you navigate the process. Here are a few benefits of hiring a personal injury lawyer for a wrongful death claim.
• They can work with you to gather evidence and build a compelling case for your wrongful death claim.
• They understand the legal complexities of wrongful death claims and can guide the process.
• They are familiar with insurance companies and their tactics and will fight to ensure you receive a fair settlement.
• They can represent you in court if your case goes to trial and make sure that your rights are protected throughout.
Having the right lawyer on your side is essential when filing a wrongful death claim in Houston, TX. An experienced attorney will be able to guide you through each step of the process, defend your rights, and make sure that you receive the compensation you deserve.
What Are The Things To Avoid When Filing A Wrongful Death Claim
When filing a wrongful death claim, there are some things you should avoid to ensure that your case goes smoothly.
Don't Delay
It is important to act quickly when filing a wrongful death claim as the statute of limitations for these types of cases can be short. Contacting an attorney as soon as possible will ensure that your case is filed on time.
Don't Sign Anything Without Consulting An Attorney
It is important to consult a personal injury lawyer before signing any documents related to the wrongful death claim. Your attorney can review these documents and make sure they are in your best interest.
Don't Accept Any Offers Right Away
Insurance companies may try to offer a low settlement amount to avoid paying full damages. Consult with your attorney before accepting any offers and make sure that you receive a fair amount of compensation for your losses.
By avoiding these common mistakes and having an experienced attorney on your side, you can ensure that your wrongful death claim is handled properly and that you receive the compensation you deserve.
Get In Touch With A Licensed Personal Injury Lawyer In Houston, TX
If a loved one has died due to someone else's negligence in Houston, TX, it is important to know what wrongful death claims are, what damages may be available through a wrongful death claim, the steps involved in filing a wrongful death claim, and the various ways that a personal injury lawyer can help.
Additionally, there are certain things to avoid when filing a wrongful death claim and tips for choosing the best personal injury lawyer. Wrongful death claims can be complex and emotionally trying, but with the right legal advice and guidance, your family can seek justice.
Amaro Law Firm Injury & Accident Lawyers understand this difficult time and are here to fight on your behalf as you seek compensation for your tragic loss. They are experienced in wrongful death claims and will help you every step of the way. Their professional and licensed attorneys are focused on providing clients with compassionate and personalized service.
Contact them today to get started on your wrongful death claim.