Losing a loved one is one of life’s most devastating experiences and in these moments in these moments, a wrongful death lawyer can be a crucial ally.
The pain is even more profound when that loss occurs due to someone else’s negligence or reckless behavior.
This is where a wrongful death lawyer can help you seek justice for your loved one and protect your family’s future. If you’re navigating this difficult time, this guide will provide clarity on wrongful death claims, the role of an attorney, and what to expect throughout the process.
What Constitutes a Wrongful Death Claim?
A wrongful death claim arises when someone dies due to the negligent, reckless, or intentional actions of another individual or entity. If the deceased could have filed a personal injury lawsuit had they survived, their estate or family members may be eligible to pursue a wrongful death claim after their death.
Some of the most common scenarios leading to wrongful death claims include:
- Motor vehicle accidents, including car, truck, and motorcycle crashes.
- Medical malpractice, such as misdiagnosis, surgical errors, or failure to provide proper care.
- Workplace accidents, especially in high-risk industries like construction.
- Defective products, where a faulty design or lack of proper warnings contributed to the fatality.
- Criminal acts, such as assaults or homicides.
If you think your loved one’s death resulted from negligence or misconduct, consulting with an experienced wrongful death lawyer is essential to determine if you have a valid claim.
What Types of Compensation Can Be Recovered in a Wrongful Death Case?
While no financial award can truly make up for the loss of someone you love, a wrongful death claim seeks to ease the financial burden for the surviving family. Some damages you may be able to recover include:
- Economic Damages:
- Funeral and burial expenses
- Loss of the deceased’s income and financial contributions
- Medical bills related to the deceased’s final illness or injury
- Non-Economic Damages:
- Loss of companionship, love, and emotional support
- Pain and suffering experienced by the surviving family members
- Loss of guidance for children or dependents of the deceased
- Punitive Damages (in rare cases):
- Punishing particularly reckless or malicious behavior by the responsible party
With the guidance of a wrongful death lawyer, you can better understand your legal options and determine the types of compensation that may apply to your unique situation.
How Can a Wrongful Death Lawyer Help With My Case?
Navigating a wrongful death claim can be overwhelming in a time of grief, especially when dealing with insurance companies or large corporations eager to protect themselves from liability.
A skilled wrongful death lawyer acts as a dedicated advocate for your family, providing support in several critical ways first starting with a confidential case evaluation where a case review specialist will listen to your story and and gather essential details to review with the attorney.
Then once the attorney is hired they go to work:
- Gathering Evidence: Important documentation will be collected, such as police reports, medical records, expert opinions, and witness statements.
- Building a Strong Legal Strategy: An attorney will prepare your case to ensure it stands up to scrutiny in negotiations or court.
- Negotiating with Insurance Companies: Insurers often try to minimize payouts, but a skilled attorney will fight to secure the compensation your family deserves.
- Trial Representation: If your case goes to court, your lawyer will present your claim effectively to ensure justice is served.
Working with an experienced wrongful death lawyer who had handled actual courtroom trial cases not just negotiated settlements ensures that you can focus on healing while they handle the complexities of your case.
What Is the Statute of Limitations for Filing a Wrongful Death Claim?
Losing someone you love is incredibly difficult, and taking legal action may be the last thing on your mind.
But it’s important to know that, under Texas law, you have two years from the date of your loved one’s passing to file a wrongful death claim.
This time limit, called the statute of limitations, usually begins the day your family member dies. When you’re ready, a wrongful death lawyer can help you explore your options and seek the justice your loved one deserves.
However, exceptions may apply in certain circumstances, such as when the responsible party is a government entity or if the death involved a minor-dependent. To ensure you don’t miss any important deadlines, consulting a wrongful death lawyer early in the process can help preserve your rights.
Common Causes of Wrongful Death
Tragically, wrongful deaths are more common than we’d like to imagine. Understanding the causes can shed light on factors that families may address in their claims:
Automobile Accidents:
Reckless or distracted drivers, drunk driving, or defective vehicles often contribute to fatal crashes.
Medical Negligence:
Mistakes such as surgical errors, medication mishaps, or delayed diagnosis can have life-altering consequences.
Workplace Hazards:
Unsafe working conditions, equipment failures, or lack of proper training are common risks.
Unsafe Products:
Faulty manufacturing or inadequate safety testing can turn everyday products into dangers.
Intentional Harm:
Violent crimes often lead to legal claims tied to criminal culpability.
By understanding common causes of wrongful death, families can better recognize negligence and seek justice appropriately.
Seeking Justice With Compassionate Legal Guidance
No family should have to suffer the financial and emotional burden of losing a loved one due to someone else’s negligence. At Blizzard and Zimmerman Attorneys, we guide families through wrongful death claims with care and dedication, ensuring their voices are heard and justice is pursued.
Your story matters.
If you’ve lost a loved one and wonder if your family is entitled to compensation, we are here to help. Call us now to schedule a free case review and learn your next steps. Our experienced team is ready to fight for the justice and closure you deserve.
Don’t face this challenging time alone. Contact us today. Together, we’ll honor your loved one’s memory by holding the responsible parties accountable.
