If someone you loved died because of another person’s reckless or negligent actions, you may be entitled to recover damages under the law through a wrongful death action. A wrongful death action allows survivors of the deceased to recoup costs associated with their loved one’s death, such as past medical bills and funeral and burial costs.
An experienced wrongful death attorney could offer guidance on who is eligible for recovery under this law and what is necessary to launch a successful case. Where possible, they could even settle a case with the third party’s insurance company before it goes to court. Call our firm to learn more about Bellaire wrongful death settlements.
Establishing Liability in Wrongful Death Actions in Texas
Wrongful death actions are covered by the Texas Survival Statute, or Texas Civil Practice and Remedies Code, Section 71.021. Four legal elements must be established to prove liability in these types of cases. These elements are that:
- The defendant had a duty not to harm the deceased;
- This duty was breached;
- This failure caused the deceased’s death; and
- The survivors of the deceased suffered losses because of their loved one’s death.
Establishing liability for a wrongful death is a complex process that can involve thoroughly investigating a case. Important steps may involve speaking with witnesses and examining evidence from the scene of the incident. An experienced Bellaire lawyer has handled wrongful death cases before and could serve as an ally in the legal process of securing a fair settlement.
Settlements in Wrongful Death Cases
It is not uncommon for wrongful death cases to settle outside of court. If dealing with the third-party defendant’s insurance company for a possible settlement, there are plenty of potential obstacles to look out for. Insurance companies are known for making lowball settlement offers that trap stressed plaintiffs into taking less money than their case is worth. Insurance representatives will also do their best to get survivors to make statements against interest, which the insurance company can then use against them to dispute liability.
An experienced lawyer in Bellaire has handled these tactics before and could deal with them to secure a fair wrongful death settlement on a surviving family member’s behalf. A legal professional could also evaluate the case to come up with a dollar amount for settlement negotiations with the insurance company. A lawyer brings their legal training with them to every negotiation and could fight for the maximum possible payout for their client.
Types of Damages Available in Wrongful Death Actions
The types of damages available to a particular survivor will depend on the individual facts of their case. However, typical damages include compensation for funeral and burial costs, medical expenses incurred prior to the death, property damage, loss of companionship, loss of inheritance, and loss of earning capacity.
A Bellaire attorney could provide a detailed accounting of the possible damages that may be recoverable through a settlement in a wrongful death case. They could also advise whether it is advantageous to try and settle a case or to prepare for trial.
Call a Bellaire Attorney About Wrongful Death Settlements
You have suffered a devastating loss, and while no amount of compensation can make up for that loss, you can achieve some form of justice as well as financial stability by taking legal action. By having an experienced advocate at your side, you could eliminate much of the stress involved with dealing with the legal system.
Call now to schedule a free consultation with a member of our team about Bellaire wrongful death settlements.