You may be wondering what you should do if a loved one dies due to the negligence of someone else and you are not sure how to proceed in filing your claim. First and foremost, you must retain a lawyer that specializes in this field – they will know the best practices to take and will have experience with all sorts of cases. The compensation process can be time-consuming and complicated so it is important to hire someone who knows what they’re doing. Below are some things you should know before filing a wrongful death claim.
1. Getting The Right Legal Representation Is Key
No one knows the ins and outs of wrongful death law better than a lawyer that specializes in it. They will be able to navigate you through the entire process, help you gather the necessary evidence, and make sure you are properly compensated for your loss. If your case is in Texas, make sure to consult with the wrongful death attorneys in San Antonio to get started. A reputable attorney will never guarantee a win but they will fight tooth and nail to get you the justice you deserve.
And, if you do not have the means to pay for an attorney, many will work on a contingency basis – meaning they only get paid if they win your case, which means they are even more motivated to help you win.
2. You Must Prove Negligence
To win a wrongful death claim, you must be able to prove that the death was caused by someone else’s negligence. This can be difficult to do but with the help of a lawyer, it is certainly possible. They will investigate the accident or incident and collect evidence to support your claim. This may include witness statements, medical reports, police reports, and more.
Additionally, they will work to build a case against the party responsible for your loved one’s death.
3. There May Be Several Parties Responsible
It is not always easy to identify who is responsible for wrongful death and, oftentimes, several parties share in the blame. This can make the compensation process more complicated but a good lawyer will be able to piece it all together and get you the money you deserve.
The parties that may be held liable could include the individual or company that caused the death, the manufacturer of a defective product, or the owner of the property where an accident occurred.
4. There Is A Statute Of Limitations
In most states, there is a statute of limitations for filing a wrongful death claim. This means that you must file your claim within a certain period after your loved one’s death or you will be barred from doing so.
In Texas, the statute of limitations is two years from the date of death. This may seem like a long time but it is important to begin the process as soon as possible to avoid any delays. The statute of limitations also states that a minor must file their claim within two years of their 18th birthday.
5. You May Be Able To Receive Compensation For Your Losses
If your loved one died due to someone else’s negligence, you may be able to recover damages for your losses. This includes things like medical expenses, funeral and burial costs, lost wages and benefits, loss of companionship, pain, and suffering, and more. In some cases, punitive damages may also be awarded to punish the party responsible for the death.
Additionally, if the death was caused by a defective product, you may be able to file a product liability claim against the manufacturer.
6. It Is Important To Have Patience
No one wants to go through a lengthy legal process but, unfortunately, that is often the reality of wrongful death claims. The process of filing a wrongful death claim can be long and drawn out so it is important to have patience. It is also important to remember that no amount of money can ever bring your loved one back but it can help to ease the financial burden you are now faced with.
Additionally, the sooner you file your claim, the sooner you can start the process of healing. Make sure to consult with a wrongful death lawyer in your state to learn more about how you can get started.
If you have lost a loved one due to someone else’s negligence, it is important to know your rights and what steps to take next. In most cases, you will need to file a wrongful death claim to receive compensation for your losses. So, consider these 6 things before considering filing for compensation.