Death can come suddenly, leaving families and friends grieving their beloved ones. Accidental deaths are the most painful ones because they are usually caused by the negligence of a company or someone else. Therefore, you should try to hold the wrongdoing party accountable for your loss. The passing of your loved one can leave you too confused to handle compensation claims on your own. With each state having its wrongful death conditions, it can be difficult to figure out legal filing case deadlines. As a result, you might miss your rights when you delay filing the case, and the wrongful death compensation claim can become illegible. Instead, you should hire an accidental death lawyer and simply grieve the death of your loved one.
What to look for when hiring accidental death attorney
Negligence of a company is the major cause of accidental death. While an injured worker can file a compensation claim, it’s not the case with accidental death. This is because the person is deceased and is not available to file a claim. That being said, below are some things to look before hiring an accidental death lawyer:
- Experience and areas of specialization. An ideal accidental death attorney should have the required experience in a specific industry. For example, if the person died while working in the construction industry, the lawyer should have experience and knowledge in construction law.
- Time to handle your case. The accidental death attorney should have adequate time to prepare and handle your compensation claims. This means you should hire a lawyer who will only focus on your case and nothing else. It’s a huge bonus to hire a lawyer who can work with other team members of their law firm.
- Research the capabilities of the accidental death lawyer. You can inquire from other lawyers to get their opinions about this particular lawyer. Online reviews should also give you a better view of the lawyer you intend to hire.
If you can’t find a suitable accidental death lawyer, perhaps your friends or acquaintances who had the same situation can help you. You can decide to hire the same lawyer they used to get compensation for the accidental death of their loved one.
Why hire accidental death lawyer
Various factors can contribute to accidental death. These include it’s because of negligence, deliberate or careless actions of another party. Such situations come if the party at fault could have put the necessary measures to avoid the accident from happening. Unfortunately, accidental deaths are sudden as in the case of a company failing to put proper safety regulations.
Accidental deaths can also be used by another party that is regarded to have been reckless. Death due to a drunk driver, unintentional falls or poisoning, workplace deaths, or wrong medication administered by healthcare practitioners are all considered accidental deaths. As you can see, accidental death is complex, which is the reason why you need the services of accidental death attorney. If your loved one died because someone was negligent, an attorney is in a better position to handle your case.
The death circumstances
You can file a wrongful death lawsuit if your loved one’s death was caused fatalities at the workplace. These include working in a dangerous environment without proper training, operating production equipment in an unsafe manner, and many others. Accidental deaths caused by drunk drivers, distracted drivers, and many more can also attract a wrongful death lawsuit.
Simply put, if somebody is killed because of the significant negligence of another person or a business entity, you can file a wrongful death lawsuit. The law allows the immediate family members to file a lawsuit to compensate for their pain and damages suffered because of the loss of their loved one. This means the surviving spouse, children of the deceased, and parents are entitled to file this lawsuit.
However, if the deceased didn’t have a spouse, then their children or parents have the right to file the claim. In such situations, small children need to receive compensation that can provide for their future.
Another type of claim is called a survival action claims. This happens when you file a lawsuit on behalf of the deceased person’s estate. the claim relates to the medical and funeral expenses and pain and suffering suffered before their death. The damages are allocated to the estate where they are distributed to the surviving family members, such as parents, a surviving spouse, and children.
The bottom line is that you should be eligible to file an accidental death claim, meaning you must be related to the deceased individual. It can sometimes be difficult to prove eligibility, but your attorney can help you. This is usually determined by the relationship you had with the deceased person. You might also require to produce proof that you financially depended on the deceased person.
What you should do after the death of your loved one
There is normally a financial burden placed on the surviving family members especially when the deceased was the breadwinner in the family. In such situations, costs associated with medical and funeral expenses, mortgages, and other bills can take a huge toll on the family. Worse still, surviving family members will be grieving for the loss of their loved ones.
All these factors make it hard to handle the wrongful death lawsuit. The emotional effect of losing somebody you loved can affect your judgment. It can be overwhelming to do daily tasks while thinking about your future. And if you lack adequate energy and time to handle the insurance companies for a compensation claim, it can be distressing. Therefore, having an accidental death lawyer on your side helps to make the process a bit easier.
Many people are hesitant about hiring an accidental death lawyer to take legal action when their loved one is deceased. This is because family members feel guilty of seeking financial compensation while they are still grieving. But, it’s important to get file a lawsuit immediately after death so that the spouse and children can move forward with their lives. Unfortunately, because of prolonged delays, it might become impossible later to file a successful wrongful death lawsuit. Here is what a wrongful death attorney will do on your behalf:
- Secures an autopsy. An autopsy is the only way to go to get the exact details related to the cause of death. An attorney can even organize a private autopsy if the county doesn’t do it. It’s good to remember that this should be done soon after death occurs.
- Preserves evidence. Evidence taken from the accident scene can have a huge impact in a wrongful death lawsuit. Therefore, the attorney will preserve things such as skid marks, video surveillance, wreckage, and industrial equipment.
- Acquires a court order. The best way to prevent the evidence from the accident scene from being destroyed is by securing a court order. Some insurance companies or defendants might try to destroy important evidence in a wrongful death case. They can do this to protect their client from paying out a full compensation claim.
Bereavement can be emotional and devastating for the surviving family, but it’s necessary to hire an accidental death lawyer quickly. You see, a lawyer requires to fill in and send out a letter for the preservation of evidence. This is the only way an investigation can start by securing all the evidence, such as photographs and reconstruction of the accident scene. As a result of this, the lawyer can get all the credible evidence to a claim for wrongful death.
If your loved one is deceased due to wrongful death, perhaps you should contact an attorney immediately. Your lawyer will hear the circumstances that led to their death. After analyzing the details, the lawyer will do all the paperwork and collect all the evidence to be used in the lawsuit.
Benefits of hiring an accidental death attorney
As mentioned earlier, it’s always difficult to lose somebody you love, especially when the cause of death is considered negligence. Thankfully, an accidental death attorney is there to help you bring a wrongful death lawsuit to a successful end. Below are some key benefits of hiring an accidental death lawyer:
An accidental death attorney knows the legal process
Accidental death attorneys have the knowledge and experience handling wrongful death cases. The lawyer’s expertise is essential because you don’t want to take chances when it comes to such cases. This is because your future and that of your children might depend on the outcome of the case.
Accidental death lawyers are aware of the importance of meeting deadlines. Failure to meet them can put your entire lawsuit at risk. Hence, your accidental death attorney will ensure all the legal paperwork is done and filed for your case.
An accidental death attorney can save you money and time
There is no shortcut to filing a wrongful death lawsuit. For this reason, it can consume plenty of time, especially when you’re doing it on your own. Filing a lawsuit requires excellent knowledge and experience of the legal process. It’s a process that demands to submit various types of legal documents.
If you can’t understand this process with its strict deadlines, your best option is to hire an accidental death lawyer. Your attorney has the knowledge and experience of all that needs to be done, meaning you will have enough time to grieve and heal during this difficult time.
An accidental death lawyer knows how to value your claim
You should keep in mind that employers and insurance companies will try everything possible to pay a fraction of the claim. After all, their main interest is to protect their profit margins. But, because your accidental death lawyer has the required knowledge and experience, they will make the right valuation of your claim.
The lawyer will usually figure out how you have been affected by the loss of your loved one to come up with a proper compensation claim. In such cases, the lawyer considers the medical and funeral expenses, loss of earnings, especially if the deceased was the main breadwinners, and pain and suffering.
Provide the necessary support
If there is one of the things that are important while grieving the loss of your loved one, then it’s support from people. An accidental death lawyer will focus on the lawsuit and try to build a strong case. In this way, the lawyer handles every important detail while leaving you to mourn and heal.
There is no doubt that this relieves you of the heavy burden you are going through. A clear head during this time is what you require so that you can receive the compensation claim.
Taking the case to trial
In the state of Texas, the Statute of Limitations applies to the wrongful death cases. The surviving family members usually have two years to file a lawsuit. However, this can be extended in cases involving minors. This period is known as statute limitation.
If you don’t file a lawsuit within this stated period, you might not get compensation. Therefore, you should speak with Accidental Death lawyers in Houston an accidental death lawyer, as soon as the death happens so that a lawsuit can be filed immediately. Regardless of the two-year period that is available for you, it makes sense to always get legal advice and file a lawsuit immediately after the death.
It doesn’t mean all wrongful death lawsuits go to trial because the parties involved can decide to make an early settlement. But, if your case goes to trial, your best option is to hire an experienced accidental death lawyer. This is the only way you can be assured of receiving full compensation.
If someone you know died because somebody was negligent, an accidental death lawyer can help you to get the compensation that you need. This can be used to cover for the medical and funeral expenses, loss of support, and pain and suffering. It’s important to hire experienced and highly professional accidental death attorneys to improve your chances of receiving the compensation.