Why Should You Hire a Lawyer After an Accident?
When you sustain an injury as a result of a car accident, you may not be the only one who suffers. Injuries incur costs, both financial and otherwise. You may suffer lost wages, you might lose your job, or your earning potential may be reduced if you are left with a significant disability. As medical and other bills pile up in the aftermath of an accident, the stress and anxiety that come with it can be overwhelming and even incapacitating at times. Individuals who are injured in a car accident may be entitled to receive compensation for their injuries, expenses, and even pain and suffering; however, doing so can be complicated, especially for someone struggling with the physical and emotional ramifications that often occur following an accident.
Injuries can also have a negative impact on the loved ones of the injured person. Often, family members are forced to assume the role of breadwinner or caregiver, or both, which can place a tremendous burden on them and cause additional stress for the injured person. In addition, if family members are forced to leave their jobs or reduce their working hours in order to accommodate their care-taking responsibilities, the resulting financial insecurity can further contribute to stress for all involved. Role reversals such as these can make an indelible and negative mark on families in the wake of an accident-related injury, which can hamper and complicate recovery.
In the aftermath of an accident, insurance companies often prey on the vulnerability of the victims and are quick to make contact with them. They may ask for a statement from a victim, which can be damaging to their hopes of filing a successful claim in the future. Or, they may offer a quick cash settlement, which is likely far less than what would be owed in the event that the true nature of the accident – and the resulting injuries – was revealed. In reality, insurance companies are simply trying to get to accident victims before the victim obtains legal counsel. This is where a personal injury attorney can help.
Research has shown time and time again that utilizing the services of a personal injury attorney not only increases an individual’s chances of receiving compensation but also increases the amount of damages that are awarded. Insurances companies know this, which is why they go to great lengths to resolve matters fast. This is important information to know because, after an injury, it can be difficult to think beyond the present and focus on the big picture. An initial settlement from an insurance company might be tempting, but it may not be in the best interest of the injured person, their future, or their family’s future.
A personal injury attorney can do a multitude of things to help accident victims secure adequate compensation. They can interpret complicated insurance laws and manage the associated claims. If a settlement is possible and desired by both sides, attorneys can ensure that the person at fault covers the cost of all medical bills, in addition to punitive damages for pain and suffering. Furthermore, in the event that a case goes to trial, attorneys can take the reins, handling paperwork to file with the court, ensuring that deadlines are met, and preparing their client for the trial.
Oftentimes, people are hesitant to retain an attorney after an accident for fear that doing so will not be cost-effective. This is often not the case. In fact, most personal injury attorneys who specialize in representing victims of car accidents do so on a contingency basis. This means that they are not paid upfront. Rather, they receive a percentage of any compensation awarded to their client. Occasionally, such an arrangement may still deter some people from seeking counsel. They may believe that they would end up with more money in their pockets if they did not have to share it with an attorney. Keep in mind, however, that working with a personal injury attorney not only increases the odds of receiving compensation, it often leads to higher awards, which can still result in more money in the pocket even after attorney fees are paid.
After an accident, even one in which the injuries are minor, it is always advisable to consult an attorney. Personal injury lawsuits can be complicated and detailed, and attorneys can help victims defend their rights and seek compensation that is commensurate with their injuries. Individuals who remain on the fence about utilizing an attorney should keep in mind that initial consultations are almost always free; therefore, they have nothing to lose by pursuing a preliminary meeting. Doing so may make a difference not only in the amount of damages they receive but also to their future well-being and that of their family.
What is a Valid Wrongful Death Claim in Texas, How is it Applied and What are Your Options?
Without a clear understanding of the law, many people in your situation may not be fully aware of whether or not they may be able to seek legal action against a negligent party through a wrongful death lawsuit. So, to begin at the beginning, here is a list of basic conditions that must have existed, or may have existed, in order for you and your family can pursue a wrongful death lawsuit:
Your loved one must have died as a result of the negligent behavior of another person or entity (like a company). This negligent behavior could have been the direct cause – or in legal terms – the proximate cause of the fatal accident. Proximate cause means that the liable party played a contributing role (or the only role) leading up to the accident. More on this website
Your relative must have a surviving family member or beneficiary that can pursue legal action. Second cousins once removed do not have legal standing unless they can prove a strong, ongoing link to the deceased family member. And that only rarely happens.
Your beloved victim or your family must have incurred some form of tangible financial loss as a result of the fatal accident, which is a civil case is known as legal damages.
If at least one of these basic aspects existed as a result of the accident that claimed the life of your loved one, you have the right to seek legal action against the liable parties through a wrongful death lawsuit in civil court. If you are unsure whether or not these circumstances may have existed in regards to your possible case, contact one of our Texas wrongful death attorneys toll-free at 1(800) 862-1260 to discuss the merits of your wrongful death case.
You should also be aware that a civil lawsuit can be pursued regardless of whether or not a liable party is also facing criminal charges since the purposes of each type of case are different. But if criminal charges were considered against any negligent parties, even if they were not formally filed, that has no bearing on your right to file a wrongful death lawsuit in civil court. And if criminal charges are filed against the liable defendant, regardless of whether that defendant is found guilty or innocent in criminal court, the fact that charges were actually filed significantly strengthens any civil case you might choose to subsequently file.
For example, a distracted driver may strike a pedestrian, resulting in that pedestrian’s death. In most instances, criminal charges will not be brought against the negligent driver. If the same driver had been drunk at the time of the fatal pedestrian accident, then criminal charges likely would be brought against the driver. In either instance, the driver could be held civilly liable for their actions through a wrongful death lawsuit in Texas, regardless of the status of the criminal activity.
Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.
Texas Personal Injury Lawyers » Texas’ Wrongful Death Laws vs. The other States
How do Texas’ Wrongful Death Laws Match-up to those of the Rest of the United States?
If a loved one has passed away as a result of the negligence of another you may have a claim in a wrongful death cause of action. All family members are not able to recover. Generally one must be a parent, child, or spouse of the deceased in order to recover wrongful death damages. Texas has a wrongful death recovery method that mirrors many other states but does have some differences. If you have had a loved one die as a result of the negligence of another you will need to hire an attorney who can assert your rights. The attorneys at Our Law Offices have extensive skill and experience in the practice of personal injury law. We have a well-earned reputation for getting the results that our clients deserve.
Who Can Bring a Wrongful Death Claim?
In Texas, a wrongful death cause of action can be brought by the family members of the deceased. The family members who generally are able to recover for the wrongful death of one of their family members are generally the parents, children, and spouses of the deceased. Some states only permit the executor of the deceased’s estate to bring a wrongful death claim on behalf of the family. The family members and other individuals named in the will do not have the right to veto a settlement agreement, although the court is required to approve any settlement agreement. Find more information here @ https://www.carabinshaw.com/midland-wrongful-death.html
Who Can Receive Benefits?
In Texas, damages that are awarded from wrongful death claims are given to the party who brought the claim. In some states, damages that may be recovered from the death of your family member will go directly to the estate of the deceased and all the deceased’s bills and expenses must be paid first before any distribution can be made. Texas has no such requirement.
When Must a Claim be Made By?
The statute of limitations to bring a wrongful death claim in Texas is two years. Some states have various other statutes of limitations deadlines. While most states have two year limitation period, some have been known to have three and four year limitation periods.
What Recovery is Available?
There are multiple recovery claims in a wrongful death cause of action. Medical costs, loss of earning capacity, funeral costs, loss of consortium, and mental anguish among other forms of recovery is available to the families of the deceased.
While the recovery of damages will never fully compensate you for your loss, it will help you have some level of financial security in a financially uncertain time. Don’t let insurance companies and negligent parties step on your rights; you deserve to recover for all your loss. The attorneys at Our Law Offices have helped thousands of clients just like you recover the damages they deserved as a result of their injuries, we can help you too. Call to schedule your free consultation and discuss the merits of your case. Click on this link to find more information @ https://fordandlaurel.com