Understanding how a wrongful death lawyer can assist in your case is critical to proving negligence and holding the party responsible for your loved one’s death financially liable. When a personal injury lawyer represents you, they can investigate your loved one’s death, collect crucial evidence, deal with the insurance company, and negotiate with the insurance company for the best possible financial settlement.
Losing a loved one due to another person’s or entity’s negligence can leave your family reeling and unsure of your next steps. Another way a Dallas wrongful death lawyer can assist your family is by allowing you to focus on caring for each other while your attorney gives your case the time and attention to detail it needs and deserves.
A Wrongful Death Lawyer Can Deal With the Insurance Company in Your Case
The at-fault party’s insurance company will demand proof of its policyholder’s negligence. Your Dallas personal injury lawyer will assist in your case by dealing with the insurance company and their adjuster. They will:
- Conduct an independent investigation into your case
- Handle all verbal, written, and virtual communication
- Collect evidence to build your insurance claim or wrongful death lawsuit
- Obtain, complete, and submit insurance claim forms
- Identify and interview lay and expert accident witnesses
Solid and supportive evidence is an essential part of your family’s case. Your wrongful death attorney will use the strength of the accumulated evidence to negotiate on your behalf and steer your case toward a settlement versus a potentially lengthy trial.
A Lawyer Can Negotiate for a Favorable Settlement in Your Wrongful Death Case
On your own, it can be hard to understand all the damages your family is entitled to after the loss of a loved one in a negligence-based accident. Your lawyer’s familiarity with wrongful death compensation means they can help you seek fair compensation, including:
- Loss of financial support
- Loss of domestic support
- Mental and emotional distress
- Loss of consortium and comfort
- Funeral and burial expenses
Your family could also be entitled to survivors’ benefits. These are monetary damages your loved one would have been entitled to had they survived to file a personal injury action, such as medical expenses and pain and suffering.
Legal Support Can Help You Understand the Statute of Limitations in Your Case
Texas’ wrongful death statute of limitations is generally two years, according to Texas Civil Practice and Remedies Code § 16.003. The statutory clock starts running on the date of the accident that caused your loved one’s death.
If the filing deadline expires:
- The court could bar you from filing your lawsuit at all, or
- A judge could dismiss your suit immediately
Either outcome will mean you have no legal recourse that compels the at-fault party to compensate you. If that happens, the financial aftermath of the accident will fall on you and your family. A lawyer can help you avoid this potentially costly consequence by accurately interpreting the filing deadline and its application to your case.
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Your Attorney Can Gather Evidence to Prove Your Loved One’s Demise Constitutes Wrongful Death
One of the first actions your lawyer will take is to prove your loved one’s death is wrongful according to state law. Per Texas Civil Practice and Remedies Code § 71.002, wrongful death occurs if the at-fault party’s actions were caused by:
- Neglect
- Wrongfulness
- Carelessness
- Unskillfulness
- Default
Your lawyer will aim to prove negligence by identifying its elements, including duty of care, breach of duty, causation, and damages. You do not have to handle this legal task on your own. Your lawyer will work to prove wrongful death on your behalf with a compelling evidence file.
Your Attorney Can Build a Comprehensive Evidence File on Your Behalf
On your own, it can be hard to understand what evidence you need to prove negligence and your family’s right to financial recovery. The case file your wrongful death attorney builds may include:
- Medical records
- First responder report
- Injury photos
- Written prognosis
- Accident report
- Animal control report
- Accident scene photos
- Accident reconstruction
- Witness statements
The evidence will vary depending on the type of accident. Additionally, your lawyer will collect evidence of the accident’s financial consequences, including property repair costs, proof of income, and medical, rehab, and therapy bills.
Your lawyer will do much more than collect evidence. They will also present it to the at-fault party and their insurance company along with a demand letter for appropriate compensation.
Your Lawyer Can Fight for Your Rights Under Texas’ Wrongful Death Laws
The personal injury law firm you choose can help you understand the many wrongful death laws that govern your case, including:
- Which family members can recover damages—typically, the deceased person’s parents, spouse, and children
- Who can file a wrongful death action—the family can do so within three months of their loss, after which the decedent’s estate executor must file
The legal aspects of your case are complex and can be difficult to understand and comply with on your own. Your wrongful death lawyer will handle every legal aspect of your case for you.
A Wrongful Death Lawyer Will Represent Your Family at No Upfront Cost
No family should go without legal guidance and support when they need it most. Many wrongful death lawyers will represent you on a contingency fee basis, meaning:
- You pay nothing upfront or out of pocket
- The law firm covers the costs of preparing your case
- You only pay the law firm after you recover damages
The law firm’s compensation is a previously agreed-upon percentage of your financial award. If you do not recover damages, your family will owe no legal or attorney’s fees at all. That makes collaborating with a lawyer risk-free and allows your family to get help navigating a complex and stressful process.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Get a No-Cost, No-Obligation Review of Your Wrongful Death Case
If your family lost a loved one due to negligence, our law firm will help you seek appropriate financial compensation. We will handle all the hard work of your case, including the details and minutiae of the insurance claim process.
You do not have to cope with all the moving parts of your case alone. Contact our consultation team at Loncar Lyon Jenkins to learn more about how our wrongful death lawyers can assist in your case.