- January 5
- Wrongful Death
No one expects their loved one to be taken too soon by a careless or reckless accident. Wrongful deaths are heartbreaking, senseless, and unfair. Picking up the pieces and attempting to move forward can be challenging in the aftermath of a wrongful death tragedy. The potential payout from a wrongful death settlement can provide a glimmer of hope. Find out how long these settlements take and how a Texas personal injury lawyer can help.
How a Wrongful Death Lawsuit Can Help Your Family
A wrongful death is one of the most tragic personal injuries a law firm takes on. No amount of money can ever replace your loved one. However, a wrongful death settlement can help you and your family in other ways.
A wrongful death settlement can provide you with the following damages associated with your family’s loss:
- Medical expenses related to the accident
- Funeral expenses
- Lost earning capacity that your loved one can no longer contribute
- Emotional anguish
- Loss of companionship
- Lost value of household services
- Loss of inheritance
You can receive these damages as an award by the court or as a private, out-of-court settlement.
What Qualifies as a Wrongful Death Lawsuit?
When someone dies in a tragic accident, it is normal to look for someone or something to blame for a grievous accident. Sometimes a person’s death results from another party’s negligent, careless, or reckless actions. Other times, no one is to blame. The best way to determine whether the death qualifies for a wrongful death lawsuit is to speak with an experienced personal injury lawyer.
A wrongful death lawyer can listen to your story, ask questions, and evaluate your case. They can never guarantee results, but they should be able to determine the strength of your claim and provide you with an estimate of your case’s value.
How Long Does a Wrongful Lawsuit Take in Texas?
Most wrongful death lawsuits can settle within four years. However, it is impossible to predict how long your settlement could take. Some parties are motivated to settle quickly and conclude the ordeal faster. Other times, the negligent party may offer unacceptable lowball settlements to you and your family.
A skilled wrongful death lawyer will negotiate the settlement you deserve. However, no one can guarantee a specific result within a particular time frame. Your attorney can promise to keep you informed of new developments and to adhere to your wishes within reason. For example, they will abide by your wishes if you refuse to settle for anything below a specific dollar amount.
What Does a Wrongful Death Attorney Do?
Hiring a wrongful death lawyer is an important decision that can affect your and your family’s future. A well-prepared wrongful death lawsuit can provide you with the financial stability your loved one would have wanted for your family.
Before choosing a lawyer to handle your case, you should ensure they are experienced in personal injury lawsuits and wrongful death cases. An attorney who has argued similar wrongful death lawsuits is even better. For example, if your loved one was involved in a fatal car accident, you should seek a wrongful death attorney with a history of success in wrongful death car accident lawsuits.
When you hire a wrongful death lawyer to represent your claim, you should expect the following:
- Compassion. Your lawyer should understand that you are grieving and should display compassion and empathy for you during this difficult time. They should make every effort to ease your burden and make the legal process effortless for you, so you can focus on the grieving process and move forward.
- Free consultation.Not every lawyer will be the right match for you. A free consultation provides you with a no-obligation opportunity to meet an attorney before hiring them. During the consultation, they can honestly evaluate your case’s strength and recommend the next steps.
- Investigation. Your lawyer should conduct a thorough investigation to identify the responsible parties and determine exactly what happened during the fatal accident.
- Collect evidence. Your lawyer may need to collect significant amounts of evidence. This could include police reports, medical records, and CCTV footage.
- Interview witnesses. Witnesses can be invaluable assets to your case. If anyone witnessed the fatal accident, your wrongful death attorney would attempt to find them and interview them for your case.
- Consult experts. Experts can help lawyers reconstruct the accident and testify how certain factors and decisions impacted your loved one.
- Provide guidance. The legal process can be challenging, particularly when you are grieving the loss of a loved one. Your attorney will gently guide you through the negotiation process and the court system while providing advice and acknowledging your concerns and preferences.
- Build your case. Your wrongful death attorney will build the strongest possible case and argue it relentlessly in court.
- Settlement negotiations. When the opposing party comes to you with a settlement agreement, your lawyer will negotiate on your behalf for the best possible outcome.
How Long Does It Take to Settle a Wrongful Death Suit?
One of the most frequently asked questions is how long does a wrongful lawsuit take? Unfortunately, there is no clear-cut answer to this question. Every case is unique. Some wrongful death cases span multiple years. Other times, parties may settle the case out of court in just a few months.
Accepting a settlement offer can reduce the time your case takes, but settlements are somewhat out of your control. Not every party is motivated to settle; some will drag the case out through the court system. Sometimes the other party may offer you a lowball settlement that your attorney will advise against accepting.
Generally, you should expect the process to last at least one year, but understand that it could take several years if the other party does not offer you a reasonable settlement.
Speak with an Experienced Wrongful Death Lawyer
The first step is often the most challenging. Contact Evans/Reilley to schedule your free consultation with our knowledgeable and compassionate wrongful death lawyer today. Call us at (512) 732-2727 or contact us online.