When an individual or people die due to the negligence or carelessness of another person, the family left behind can suffer significantly. They have to cope with their loss, but they may also have to deal with significant financial burdens.
It is where wrongful death settlements come in. If you have lost someone due to wrong actions, it is important to seek justice. This article will discuss the importance of wrongful death settlements and how you can find a lawyer to help and guide you to get the compensation.
Wrongful Death Types of Cases
According to the statute, a person must bring suit for Texas wrongful death damages within two years of the date that the cause of action accrues.
Here are some of the many wrongful death cases handled by expert attorneys.
1) Medical malpractice: It can include errors made during surgery, misdiagnosis, anesthesia errors, and more.
2) Auto accidents: These are the leading cause of wrongful death in the US. If you have lost a loved one and believe someone else’s negligence caused their death, you may have a case.
3) Nursing home abuse and negligence: Unfortunately, elder mistreatment in nursing homes is often prevalent.
4) Workplace accidents: Places like factories and construction sites can be dangerous, and if your loved one died due to negligence, you might have a case.
5) Defective products: If you use harmful or hazardous products whose effects cause your loved one’s death, you may have a case against the manufacturer.
No amount of money can ever fully compensate you for the death of a loved one. However, filing a wrongful death suit can help you obtain justice and hold the responsible party accountable. It can relieve and ease the financial burden caused by your loved one’s death.
What are Wrongful Death Settlements?
A wrongful death settlement is a monetary amount paid to the family or estate of someone who died by the negligence or misconduct of another person. The at-fault party’s insurance company pays out wrongful death settlements. The negotiation for settlement is usually between the insurance company and the victim’s family with the help of a lawyer.
Why Should You Seek Justice in a Wrongful Death Case?
There are many reasons why you should seek justice in a wrongful death case: Some of them are:
- To hold the person or company that caused the death accountable
- To obtain closure and a sense of justice
- To receive compensation for your losses, which can include:
- Medical expenses related to the death
- Funeral and burial costs
- Lost wages and benefits if the deceased was the primary breadwinner
- Pain and suffering
- Loss of companionship
How to Find a Wrongful Death Lawyer?
Here are some tips for finding an expert attorney:
Check if the lawyer has a good reputation, experience, and success. You can ask family members and others for recommendations or look up reviews online. Read multiple reviews to get a well-rounded idea of the lawyer’s capabilities.
A reputed lawyer will have the following qualities:
- Proven success in handling similar cases
- Good relationships with prosecutors and judges
- A strong understanding of the law
- Excellent communication and negotiation skills
2) Check the License of the Attorney
One way of ensuring that you are working with a good lawyer is to check if they are licensed.
You can do this by checking with your state’s bar association. The lawyer should also be in good standing with the bar association.
You can find this information on the bar association’s website.
3) Fees Charged by a Wrongful Death Attorney
Generally, lawyers work on a contingency fee basis. That means they don’t get paid unless you win your case. The lawyer mostly takes a percentage of the settlement as their fee. The industry standard is one-third, but it can range from 25% to 40%. So, if you receive a $100,000 settlement, your attorney would get $33,333.33.
Some attorneys may charge an hourly rate, but this is less common in wrongful death cases. If you find an attorney who charges by the hour, expect to pay at least $100 per hour.
You may also be responsible for some of the costs associated with your cases, such as filing fees, expert witness fees, and court reporter fees. But, again, most attorneys will front these costs and only ask that you reimburse them if you win your case.
Wrongful deaths are tragic. They can cause a great deal of financial and emotional hardship for the surviving family members. If an individual has lost someone due to an organization’s or a person’s negligence, they may be entitled to compensation or settlement through a wrongful death lawsuit. A lawyer can help you determine if you have a case.