When a wrongful death happens in life, while you are dealing with emotional turmoil, facing financial distress becomes challenging. Additionally, if you are unaware of the legal rights as the surviving family, handling the future consequences will be challanging.
In Houston, you get the right to pursue justice and compensation for your loss if you have lost a loved one in your family due to another’s wrongful act. Navigating the legal complexities may seem difficult, therefore, by seeking the help of a Houston wrongful death attorney, you can get the compensation and justice you deserve.
Understanding wrongful death claims
When death arises from various situations like car accidents, medical malpractices, and working in a hazardous workplace due to others’ negligent behaviors, it is termed wrongful death. The primary motive of a wrongful death claim is to provide financial aid to the surviving family and hold the defendant accountable for the wrongful act.
Who can file a wrongful death claim?
Generally, the immediate family members of the deceased person, such as spouse, parents, or children, are allowed to file a wrongful claim. However, if they fail to claim their loss within three months of the death, the executor of his inheritance can file a lawsuit on behalf of the family.
The family can get assistance from the top Houston wrongful death attorneys to ensure their rights are protected and understand the legal process.
Types of compensation available in wrongful death claim
When you claim wrongful death compensation, the purpose is to get the whole amount you have lost due to the wrongful death of your loved ones. Here are the types of wrongful death claims that you might be entitled to receive if you claim the settlement against the defendant:
Economic damages
Economic compensation is money paid to the surviving family to support financial losses. It may include medical expenses, lost wages, funeral expenses and other expenses incurred during the process. Top Houston wrongful death attorneys are experts in calculating the adequate expenses you incurred and ensuring you get a fair settlement amount for your losses.
Non-Economic Expenses
The non-economic expenses are intangible and can not be quantified easily. This may include loss of companionship; pain and suffering; and emotional anguish. Your attorney can present clear evidence to show the emotional impact of your loss.
Punitive Damages
If the defendant’s wrongful act was not merely coincidental but intentionally harmful, he may be entitled to more than compensation. The court can decide on punishment based on the severity and intentions of the defendant’s actions.
The legal process of filing the wrongful death claim
If you have lost someone in wrongful death, you must take the help of a wrongful death attorney to file a lawsuit against the defendant immediately. Ensure you pursue your claim on time by following these steps:
- Do an initial consultation with your attorney and evaluate your case. You must discuss the circumstantial surroundings of the death of your loved ones and the viability of your claim. You should ask questions about rights as a victim’s family.
- After the consultation, if your attorney is satisfied that you have a valid claim, he will file a complaint in court. This complaint outlines the information about the parties involved, the compensation amount, and other reliable information about the claim.
- Once the complaint is filed, the court will provide adequate time to present their evidence against each other to build their case.
- Your attorney will engage in the ongoing settlement negotiation process. Based on the information, the court will decide the compensation.
The role of wrongful death attorney in Houston
Understanding wrongful death laws’ terminology and legal framework is complex for a normal person. As it requires extensive experience and specialized knowledge of wrongful death laws in Houston, the role of a Houston wrongful death attorney becomes invaluable here:
- These experts have experience in such cases and can help you understand your rights and the legal formalities needed in your lawsuit. The attorneys are well-versed in the complications of wrongful death claims and can help you get the best outcome in your case.
- A successful wrongful death claim depends on the proof that the defendant’s wrongful act has caused the death of your loved ones. A skilled wrongful attorney will thoroughly investigate and gather critical evidence to support the case.
- Despite working on the legal aspects of your case, your attorney can negotiate with the insurance company. They ensure you get specific compensation money for your loss and handle the tactics offered by the insurance companies to lower the compensation amount.
However, if the insurance company does not offer the adequate amount, your attorney can file the case on your behalf in court. They can draft the documents and represent you in court if needed.
Conclusion
Quantifying the pain of the death of your loved one is overwhelming. When you are feeling grief, facing financial distress feels heart-wrenching. However, you may be entitled to compensation if you have lost someone due to another’s wrongful acts. Getting the assistance of Houston wrongful death attorneys can get you justice and fair compensation.
