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04/14/2022

If you're searching for a Houston wrongful death lawyer for your case, we've got you covered. Contact our law firm today for more information.

If your loved one is no more and the negligence of a reckless driver is to blame or that of a careless employer, you should not sit idle. Pursuing a wrongful death claim can be a bit tough but it will bring you justice and financial compensation in return for the loss of life of your loved one. On top of all the economic burden associated with the funeral, there is also the loss of income for the family, and so on; a capable wrongful death lawyer in Houston can help you seek fair compensation for your losses without putting any additional pressure on you amid such troubling times.

Pursuing a wrongful death lawsuit against the liable party or seeking compensation from the insurance company is not the same as proceeding with a personal injury case. For one, the victim is no more and can't give a statement as to what happened (unless you know the details, figuring out the full picture will be the lawyer's duty only). Also, the long-term losses in such cases are comparatively enormous. But a competent Houston wrongful death attorney from a reputed law firm might be able to get you a fair settlement that covers all the medical expenses (if there were any, before the wrongful death) and other damages.

At Calhoun, Meredith, & Sims, our personal injury attorneys are endlessly engaged in assisting the families of wrongful death victims in medical malpractice, truck accidents, workplace accidents, automobile crashes, and other such cases. You may want to consider seeking expert help from a competent wrongful death lawyer in Houston from our firm for your wrongful death claim. They will assist you in getting fair compensation, and may also be able to pursue punitive damage compensation from the responsible party in case of gross negligence.

How Can A Houston Wrongful Death Attorney Help You?

In personal injury cases involving wrongful deaths, the negligent parties should be held accountable and be made to pay for all the economic and non-economic damages caused by the incident. An attorney will fight for your case and make sure that you get maximum compensation for your losses resulting due to the negligent actions of the liable parties. Amid such difficult times, it is hard to cope with all the financial and emotional burdens, thus it might be a good idea to leave the legal matters to your lawyer who will seek monetary compensation for your loss of inheritance, loss of a loved one, and other such damages.

Since the deceased did not live to tell the tale, your attorney will have to fill in all the blanks about the trucking accident or whatever type of incident resulted in wrongful death. But hurry up, there is a statute of limitations applicable in Texas which gives victims only two years to file their personal injury lawsuits for fatal accidents, motorcycle accidents, and other types of accidents. This means that you should get in touch with a capable Houston wrongful death attorney with broad legal experience to cover medical costs, property damage, and other wrongful death damages.

But how will your Houston wrongful death lawyer do all of this?

The basic idea behind wrongful death cases is to establish that the negligent party owed the victim a duty of care which they failed to keep up. When you contact a law office, the lawyer will break down all the details of the case such as a list of all the possible liable parties, i.e. the property owner in case of premises liability, the driver in case of a road accident, the in-charge medical professional in case of a medical malpractice case, and so on. Whoever caused the damages due to their negligent conduct, should be brought to account.

Your Houston wrongful death lawyer may need to reach out to experts in their fields to ascertain that the liable party was indeed at fault and could have acted more responsibly. Whether a doctor failed to offer proper medical care resulting in the abortion of your unborn child, or a reckless driver crashed into your loved one's car resulting in on-spot death, you have the legal right of compensation even if you have to go to criminal courts for justice (rather than having to settle with the insurance company).

Either way, once the lawyer has put together the evidence (or insights from expert professionals), they'll prepare an estimate for all of your losses and include that in your demand letter. This way, the insurance adjuster will have to face a fully prepared legal claim from your end, and your lawyer will handle the settlement negotiations as well. In most cases, the compensation settlement takes place with the insurance adjuster, so there is no need to file a lawsuit.

However, since wrongful death cases can cause severe damages and the payout is much more than in other cases, things can go to court. If this is how your case proceeds, your attorney will gather all the evidence once again making sure that no leaf is left unturned, prepare eyewitnesses, get expert witnesses on board, and prepare for a face-off with the liable party. Even at this stage, it is possible to settle matters with the liable party without having to go through a trial.

But even if there is no other option but to go ahead with the trial, your Houston wrongful death lawyer will make sure that your case is represented as solidly and thoroughly as possible.

A summary of your Houston wrongful death attorney's duties is as follows:

  • Gathering evidence for your case
  • Examining all details leading to the death of the victim
  • Estimating the economic and non-economic losses caused by the death of the deceased
  • Preparing witnesses for the case
  • Discussing things with experts and expert witnesses
  • Offering legal representation at all stages of the case
  • Moving ahead with the trial if all other options fail

What Damages Can Be Recovered From A Wrongful Death Case?

The damages caused by any personal injury case, including those involving wrongful deaths are divided broadly into economic and non-economic damages. This means that you will not only get compensated for all the financial losses you sustained but also for the non-economic aspects of your losses. It is hard to estimate the exact extent of the losses in such situations since there is no telling how much the deceased would've earned during their entire life.

Also, the emotional toll on the family members or survivors of the deceased is immense. Long story short, creating an accurate estimate of the losses sustained in such cases is very hard, near impossible. But a wrongful death lawyer in Houston can do the next best thing and that is to extrapolate the financial losses in the long-term and use the multiplier method (assigning a multiple between 1.5 and 5) to get the final estimate of both economic and non-economic losses.

Here is a brief explanation of economic and non-economic losses:

Economic Damages

A good attorney will always begin by assessing the financial state of the victim. What did they do? How much did they earn? What was the potential for growth in their field of work? And so on... The idea is to get a sense of the long-term loss in the inheritable property/assets including bank balance and whatnot which would've been possible had the person lived. But now since they've passed on, the financial void must be filled.

On top of this, the deceased person may have had to undergo medical treatment before passing away, and if so, then those costs will also have to be considered. Here is a brief rundown of all possible financial cost categories:

  • Funeral expenses
  • Loss of family income
  • Loss of inheritance
  • Medical treatment
  • Property damage (i.e., in a car accident)
  • Extra care costs necessitated by the incident

Non-economic Damages

But the real challenge for a wrongful death lawyer in Houston lies in dealing with the non-economic aspect of the losses. This is where things take the toughest turn. There is no way to compensate someone financially for the loss of a loved one; the only thing one can do in such a situation is to offer comfort and solace to the survivors and to state confidently that justice will be served. One form of justice is financial, and there is a generally accepted mechanism here: usually, the non-economic damages are not treated as concrete numerals but as multiples to be factored in for the whole sum.

Based on the intensity of the damages, the multiple may range between 1.5 and 5, and for wrongful deaths, the number is usually on the right-end extreme.

Some examples of non-economic damages are:

  • Loss of consortium
  • Emotional trauma
  • Physical and mental suffering of the victim leading to death
  • Loss of joy in life for the survivors

How Can You Hire The Right Lawyers For The Job?

Dealing with a competent lawyer for your wrongful death suit will increase the likelihood of success for you in getting compensated fairly. But how can you know that you have a fairly experienced and capable lawyer on board? Well, here's a rundown of questions you can ask to ascertain:

  • Have you got any experience dealing with such a case in the past?
  • How soon should I expect things to be resolved?
  • How will you calculate our total losses in this case?
  • What will you do to ensure our success in this trial?
  • Have you had major success in wrongful death cases in the past?
  • Will you charge upfront fees?
  • What if I can't offer anything at the moment? Can you work on a contingency fee basis?

Let Us Help!

All the things we've mentioned here are a result of our combined experience at Calhoun, Meredith, & Sims. We work with the client to cover all gaps in the case and to present a solid picture at all stages of legal representation. Feel free to reach out to us for free legal consultation for your wrongful death case, and while we can't reverse your very tragic loss, we will do everything we can to help you get the rightful compensation you deserve.

Our Houston personal injury lawyers want to help, so don't hesitate to call!

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