Losing a loved one can be devastating and even worse if it results from someone else’s negligence. You may be left with medical and funeral expenses depending on the circumstances. If your loved one was the breadwinner, their loss could cause financial strains as you try to make ends meet.While dealing with legal matters such as wrongful death claims, it might be also useful for Texas residents to understand the benefits of setting up a Texas LLC, as it can provide protection and benefits in many other areas of life and business.
Following the death of your loved one, you can contact a wrongful death attorney to explain your legal rights and entitlements to wrongful death compensation. This way, you can recover financially and focus on mental and emotional healing.
If you believe your loved one’s death resulted from someone else’s negligence, read on to know if you need a Texas wrongful death lawyer.
To Prove Third-Party Negligence
According to Texas law, wrongful death can occur due to someone else’s negligence, carelessness, or unskillfulness. Hiring a wrongful death lawyer will help you establish if the death of your loved one meets the conditions to pursue a wrongful death claim.
In a wrongful death claim, the plaintiff will prove that the other party was negligent or they committed a wrongful act intentionally. The plaintiff will also prove that the defendant’s actions directly caused the death of their loved one and that they suffered damages as a result of the death. Following a successful case, you will receive a settlement from the negligent party’s insurer.
To Establish The Cause Of Death Of Your Loved One
As stated earlier, wrongful death can occur from someone else’s negligent behavior or intentional wrongdoing as follows:
Negligent Behavior By Other Parties
Examples of wrongful death cases from negligent behavior include:
- Car accidents
- Defective products
- Slip and fall cases
- Premises liability
- Animal attacks and dog bites
- Construction accidents
Medical Malpractices Claims
Healthcare providers have the duty of care to patients and should perform as per their professional standards. If you believe the death of your loved one resulted from below-standard behavior by a healthcare professional, you can prove your claim through a Texas wrongful death lawyer. Unlike negligent cases, your attorney will prove that the defendant’s level of care was below average.
You would qualify for a medical malpractice claim if you suffered the following:
- Misdiagnosis
- Improper or delayed treatment
- Birth related injuries
- The use of defective medical equipment
- Wrong prescriptions and surgical mistakes
- Failure to obtain consent for certain treatments
Intentional Causes Of Wrongful Death Claims
A family can also pursue a wrongful death claim following intentional murder, assault, or battery that caused death.
To Establish If You Qualify To Sue For Wrongful Death
In a wrongful death claim, the deceased cannot stand up for themselves. Your Texas wrongful death lawyer will help you to establish if you can make this claim depending on your relationship with the deceased. According to Texas law, surviving spouses, children or parents, immediate family members, and a deceased person’s estate representative qualify to sue for wrongful death.
To Ascertain The Damages, You Can Recover
Ideally, if you qualify to file a wrongful death claim, you should receive a settlement for the damages to cover your financial losses. Sadly, insurance companies, in an effort to maximize profits, are unwilling to take responsibility for their clients’ negligent actions and will offer little or no settlement depending on the negotiations.
By hiring a Texas wrongful death lawyer, you can rest and focus on the burial plans and emotional healing as the attorney gathers evidence to strengthen your case. Your attorney will help you get compensation for medical expenses, funeral expenses, loss of inheritance, consortium loss, earning capacity, and punitive damages.
How A Wrongful Death Attorney Will Help With Your Case
Working with a wrongful death lawyer is mind-relieving. The lawyer will investigate circumstances leading to the death of your loved one, establish liability, give legal advice on your rights, file a lawsuit on your behalf, and negotiate with the insurer or jury to ensure fair settlements.
Seek The Services Of A Texas Wrongful Death Lawyer
Losing a loved one can leave you feeling miserable, and you should prioritize your emotional healing by taking some time to grieve. While pursuing a claim will be the last thing on your mind, it is important if you believe your loved one’s death was due to someone else’s wrongful actions or negligence. With the help of a wrongful death lawyer, you can win fair compensation and secure a less stressful future without your loved one.
