What is a wrongful death?
A wrongful death is caused due to negligence, carelessness or failure to act in the right way at the right moment. A road accident caused between a pedestrian and a car due to harsh driving or intoxicated driver or someone killed for money, etc. are examples of a wrongful death. In such instances, the family members or relatives of the victim can file a case of wrongful death on his behalf to make a claim against the person liable for the incidence. Such incidents may result in loss of life and personal relationships Charles J. Argento & Associates and are associated with monetary loss and other incurred costs.
Finding your eligibility to file a case
The family members of the deceased including parents, spouse and children are eligible to submit a case on his behalf. In addition to these, a custodian or guardian of the person can also file the lawsuit. The grandparents, stepparents, and dependents are also allowed for the same if the respective state laws allow it.
How to go about it?
The first step that the person should take before approaching the court is to seek the guidance of a knowledgeable wrongful death attorney in Houston. These professionals can evaluate the case and figure out the possible outcomes if a legal proceeding takes place. By applying his knowledge and experience, the attorney can make the victim’s kin aware of all the options available to them to get the claim they deserve. Some cases can be settled outside the court as well. This is done by negotiation between the two parties which should also be carried out with the help of an attorney acting as a mediator. However, if filing a lawsuit is inevitable, the same should be done under the guidance of the attorney at Charles J. Argento & Associates
A road accident or intentional harm caused to someone resulting into death of a person may result in different types of losses to his near and dear ones like loss of income especially if the deceased was the only earning hand of the family, loss of quality of life, emotional suffering, inheritance loss, additional costs incurred in medical bills and burial and collective damages. Any of these losses resulted from the incident can be specified in the claim filed. So discussing all the details of the case with the attorney is very important so that he can evaluate the case with regards to the statutory laws.
Depending on the state laws, wrongful death lawsuits have certain guidelines that are needed to be adhered to if you want to file the case. There is a specified time limit, such as 1 to 3 years after the passing of the victim, during which the case must be filed, after which the case is barred forever. However, there are certain limitations to this law as well such as if the incident was initially termed as a mishap rather than intentional or due to someone’s spite, etc. To understand the intricacies of your case, it is highly suggested to consult a concerned attorney.