When the death of a loved one occurs, you might be left feeling hopeless, as if there is no path forward to getting out of the situation you find yourself in. But you don’t have to go through this difficult time alone. A wrongful death attorney in Houston can provide you with valuable assistance. Here are some common questions you might have about wrongful death cases so that you can get started on the path to justice.
5 Commonly Asked Questions About Wrongful Death Cases
1. Why Pursue Justice in a Wrongful Death Case?
The wrongful death of a family member or other loved one can leave you feeling hopeless. Amid that despair and grief, it can be difficult to see what the point of bringing forth a lawsuit would be. After all, the case won’t bring the deceased person back, and you also may feel you need to focus on the healing process. But the truth is that a wrongful death case can be a big part of helping that healing process.
First, you’ll be able to hold the person responsible for the death accountable for what they did. This also will work to protect other people who may have been harmed in the future by their malfeasance or neglect. Additionally, financial compensation from a wrongful death case can go a long way towards covering end-of-life expenses, lost income, and other expenses resulting from the wrongful death.
2. What Types of Incident Constitute a Wrongful Death?
Wrongful death cases cover a wide variety of different circumstances. The law defines a wrongful death as any death caused by negligence of a person who had a reasonable expectation to take care to avoid the situation that led to the wrongful death. Negligence is further defined as failing to take actions that a reasonably careful person could be expected to do.
Some common types of wrongful death cases include medical malpractice cases, premises liability cases, or accidental poisonings or overdoses. Vehicular accidents, whether vehicle-to-vehicle or involving cyclists or pedestrians, may also result in wrongful death cases. Click here to learn more about wrongful death cases and how representation can help you.
3. How Can a Wrongful Death Attorney in Houston Help?
Legal representation will help you along every step of the way of seeking justice for a wrongful death. First, a legal representative will be able to help you determine if you have a strong case to begin with. They can help you gather the necessary evidence to strengthen your argument so that you have resources to call upon in the courtroom.
Later in the process, a lawyer will be able to use their legal experience to argue your case in court. Their familiarity with legal definitions and processes will help you avoid any unnecessary mistakes that could end up harming your case. A lawyer can also help to ensure that you get the full value of the compensation you’re owed, accounting for all the damages caused by the wrongful death.
4. Who Can Bring Forth a Wrongful Death Claim?
In most cases, a wrongful death case needs to be brought forward by a representative of the estate of the deceased person. This representative typically acts on the behalf of the parents, spouse, or children of the deceased person, but there are exceptions to this.
If you are uncertain if you are able to bring forth a wrongful death claim for someone you know who has passed away due to negligence, talking to a lawyer can help. They’ll be able to determine the best path forward based on the unique circumstances of your case. Even if you are not a direct relative of the deceased, it is still worth trying to pursue justice.
5. Will I Have to Go to Court for a Wrongful Death Claim?
Any lawsuit brought to criminal court has a chance of ending up being brought to trial in court. Your wrongful death case will lead to one of two possibilities. The first of these is that your case goes to trial, where it will be argued before a judge and a jury will determine the verdict as to whether the defendant is liable for the wrongful death.
The alternative is that your case may be settled before it goes to trial. A settlement is when an agreement is reached between the two parties where the defendant agrees to pay compensation to the plaintiff without being found guilty in court. Many cases end in settlements because they provide a quicker, less labor-intensive resolution that is often attractive to all parties.
A lawyer can provide you with more information on these questions and more. Consulting with a legal professional is the best way to determine whether or not you have a case and what the next steps to take are.