Action Steps for Wrongful Death Cases
Wrongful death cases are often the result of the sudden passing of a loved one at the hands of a negligent or reckless party. Losing someone that you love is devastating. When the loss comes as a result of another’s misconduct, it can be incredibly tragic. This is especially true because in most cases, your loved one’s passing has occurred most unexpectedly. When someone has passed away at the hands of another, it’s not uncommon for families to consider whether they have the ability to take legal action. A top wrongful death lawyer in Houston TX will have the ability to assist families in taking key steps toward resolving a wrongful death case.
Contact an Attorney from the Onset
For family considering a wrongful death suit, often the best place to initiate the process is with a wrongful death attorney. Utilizing an attorney who has experience in this area of practice is important when working towards securing compensation for your losses. It will be vital to first determine if you are eligible to file for wrongful death. In most cases, only eligible beneficiaries are able to do so. Although there can be variations depending upon state laws, in most cases, eligible parties include immediate family members. It’s not uncommon for the person appointed as the estate executor to be responsible for pursuing the wrongful death suit.
Investigate and Gather Evidence
With the help of an attorney, it will be key to gather as much evidence as possible to support the wrongful death claim. Evidence is important in that it helps to prove that the defendant is liable and that damages occurred as a result. Examples of evidence for wrongful death cases can include:
- Accident Reports
- Police Reports
- Photographs
- Video
- Death Certificates
- Medical Documentation
- Eyewitness Statements
- Financial Information
Additionally, an attorney may also simultaneously conduct an investigation. This will occur in an effort to identify the negligent parties responsible for the passing of your loved one. They will also work to gather details regarding the events surrounding the accident to help prove negligence to build a strong case against liable parties.
Determine Whether to Pursue an Insurance Settlement or Lawsuit
One key step is determining the most appropriate way to pursue the wrongful death case. Depending upon the circumstances, one may be the better option. An attorney can help in identifying whether a settlement with the defendant’s insurance company or a lawsuit is in the best interest of the case. In some cases, an aggressive wrongful death attorney may be able to procure a settlement through the negotiation process. In some cases, this may allow the victim’s family to avoid a lawsuit altogether. While this may be an attractive option, it may not always yield the higher level of compensation descendants may be entitled to for their losses. In other situations, the insurance company may be difficult to reach an agreement with. When this occurs, pursuing a lawsuit may be the most appropriate next step.
Grief-stricken family members of a loved one who has passed away are often left to pick up the pieces. The impact can be significant. Not only can losing someone take an emotional toll, but facing financial losses may be another factor family is left to contend with. Take action by contacting an attorney with the dedication and compassion to guide you through the road that lies ahead. Contact John K. Zaid & Associates to learn more today!
