Check out these 4 common questions about wrongful death. It is important to hire an attorney who can help you hold the negligent party responsible. Contact our office today.
How do I hold the negligent party responsible after a wrongful death?
There are several things that need to be done after you have lost a loved one to bring forward a wrongful death claim. The first thing is to hire a lawyer experienced in handling wrongful death cases. In a wrongful death case, there may need to be evidence preserved. This can be done through a lawyer to make sure that the area where the accident happened gets examined. If there’s any video of where the accident happened, that video also needs to be preserved. These are things that an experienced lawyer can do for you.
There may need to be an expert that gets hired to do an examination. A lawyer can help guide you. Depending on how the accident happened, there may need to be an autopsy. The lawyer can help guide you through this process. The lawyer can also send preservation letters so the companies that are involved do not destroy the evidence. By hiring an experienced lawyer, this can all be taken care of. If you have any questions, we are here to help.
What damages can be recovered in a wrongful death claim?
I had a family come in the other day who lost a loved one. One of the questions they had is what type of damages are they entitled to seek in a wrongful death claim. Under Texas law, there are several things that they can ask for. One of the things is the amount of pain and suffering that their loved ones suffered as a result of the accident. Another item they would be able to seek recovery for is lost wages: how much money was the person earning, and over the future, how much they would have earned, including loss of inheritance? The family would also be entitled to seek mental anguish damages for the amount of suffering that they had to endure as a result of the death of their loved one. If you have any questions, we are here to help you.
How long will a wrongful death case take?
In the state of Texas, to resolve a wrongful death case there are several factors that have to be looked into. Typically, I would say that a wrongful death case involves a violation of several safety rules that led to the accident. In order to hold a company liable for violating those safety rules, we have to look at each regulation and determine how and why they were violated. That takes time. In my estimation, I would say two to three years at least is needed to resolve a wrongful death case.
There are occasions where a company will admit that they did something wrong and pay. However, these are few and far between. I would say the chances of that happening would be 2%. Otherwise, you’re in for a long fight. If you have questions regarding the time period it would take to resolve such a case, please feel free to contact us.
How much is a wrongful death claim worth?
If you have lost a loved one recently because of negligence, we are truly sorry for your loss. When determining the value of a wrongful death case, there are several things we need to look at. First, we need to look at how and why did the accident happen. In a case we recently had, a family member was hit by an 18-wheeler. We needed to look at the applicable regulations that apply to an 18-wheeler. Were those regulations violated in any way, either by the trucking company or by the driver? We also had to examine what time of day the accident happened. What are the specific factors as far as how the accident happened? One of the other things that we’re going to look at is the wage rate that the deceased was earning. In this particular situation, it was a pharmacist who was a high-wage earner. This is just one of the various factors.
One of the most important factors is the type of relationship that the deceased had with their family. How close were they? For example, in this particular case, the father had a very close bond with his family. The jury is going to look at the impact of loss of companionship? What is the loss of support? What is the loss of guidance they had? What was the loss of the inheritance? All of this gets grouped together to determine the value of the case. The last thing we’re going to look at is the amount of insurance that was involved. All of this depends on the nature of the accident and the different parties involved. The amount of insurance is going to vary depending on how this type of accident happened. If you have any questions or concerns, please contact us. We are here to help you.
Contact Our Wrongful Death Attorneys
Have you lost a loved one or family member due to someone else’s negligence and have more questions about wrongful death?
Contact our experienced Texas wrongful death attorneys at Garcia & Ochoa today for a free consultation and case evaluation.
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