Wrongful Death and Your Rights
In a wrongful death claim, a family member will bring a lawsuit against the person whose negligence, or unjust actions, caused the unexpected death of their loved one. Since the person who was killed can't initiate a claim, a wrongful death case is handled differently than a traditional negligence lawsuit for personal injury. The parent, child or spouse of the deceased brings a wrongful death claim against the defendant whose conduct or negligence is believed to have been the cause, in whole or part, of the victim's death. A wrongful death lawyer can review your case to determine if the defendant's conduct or negligent actions contributed to the death and what monetary damages have resulted from the victim's death.
Filing a Wrongful Death Claim
When the evidence suggests that the defendant was negligent or strictly liable for the victim's death, Grossman Law Firm will help you establish a dollar amount for the related damages. In a wrongful death lawsuit, damages can include compensation for medical expenses, funeral arrangements, loss of income, and pain and suffering related to the victim's untimely death. Regardless of the defendant's intent, a person or company can be charged in a wrongful death lawsuit if their actions contributed to the personal injury or if they failed to prevent the personal injury that caused the death. Wrongful death attorney Robert Grossman and his professional staff will always provide you the best options for obtaining restitution for your damages.
Avoiding Civil Actions in a Personal Injury Case
Once our wrongful death lawyer or personal injury attorney has determined that someone else's behavior or negligent act caused the death, Grossman Law Firm will notify the defendant's insurance company of the pending lawsuit. In wrongful death lawsuits, the insurer will most often become involved very early on and will be motivated to negotiate a settlement with the surviving family member. At this point, it is always in your best interest to retain the services of an experienced wrongful death attorney who can help you fight the big insurance companies. After all, their insurance adjusters are challenged to settle the dispute for a lesser amount of compensation for damages.
Preparing for a Wrongful Death Lawsuit
If a reasonable settlement cannot be negotiated with the insurance company, Grossman Law Firm will file an official wrongful death lawsuit for you. We will work closely with you to accurately document how the personal injury occurred and how those injuries lead to the victim's death. Your wrongful death lawyer will build an appropriate case and establish legal precedence to represent you in civil court. In order for the court to award a wrongful death settlement, your attorney will have to prove that the defendant's negligence or actions caused the fatal injuries and contributed to the death of your loved one. Typically, the circumstances surrounding the death will have an impact on the amount of restitution awarded.
Damages in a Wrongful Death Lawsuit
Calculating the damages for settlement in a wrongful death lawsuit can be quite complicated. Whether the damages are awarded by a judge, a jury or through an agreed settlement with the defendant's insurance company, there are many things to consider in establishing the amount of compensation. These may include:
- Medical Malpractice
- Medical expenses incurred after the personal injury leading up to the time of death
- Damages for the family member's pain and suffering or mental anguish due to the death
- Loss of the victim's expected earnings from the time of the death to his or her retirement
- Loss of relationship or companionship due to the victim's death
- Loss of care, protection and family duties like cooking, shopping or transportation
Even punitive damages may be sought in cases where the defendant's conduct was deplorable or excessively reckless. The components of a wrongful death case are usually more complex than traditional personal injury lawsuits. It is always in your family's best interest to retain the services of an experienced wrongful death attorney to protect your interests and the rights of the deceased.
Proceeding with a Wrongful Death Trial
Wrongful Death trials are often just as complicated as the components of the wrongful death lawsuit. Typically, there is a lot at stake for both the family of the deceased and the defendant's insurance company. Robert Grossman has the experience and compassion to represent your wrongful death case through every phrase from discovery to the collection of compensation as restitution for your loss. Grossman Law Firm has the expertise to work directly with insurance company's attorneys whether your case is settled early in Mediation, goes before a judge, is court-annexed to Arbitration, or presented to a jury in a formal trial. Call wrongful death attorney Robert Grossman in The Woodlands, Humble or Houston, Texas. As an experienced wrongful death attorney, he can evaluate your case and help you every step of the way.
Your Wrongful Death Attorney
Whether your wrongful death claim is settled early outside the courtroom or litigated in court before a jury, you need the best legal representation you can get. You need Texas Wrongful Death Attorney Robert Grossman and his experienced legal team at Grossman Law Firm to protect your rights and represent your wrongful death lawsuit. Our law offices are conveniently located in The Woodlands, Humble and Houston, Texas. You can use our website's Contact Us form or call any location to arrange an appointment for a full case review and evaluation of your wrongful death claim. The staff at Grossman Law Firm is waiting to assist you.