Common Questions Asked In Wrongful Death Cases
The sudden loss of a loved one in a car accident, truck wreck, or fatal accident at work is a heartbreaking, traumatic event far too many people to have endure. If you find yourself in this difficult situation, you likely have a litany of questions concerning your legal right to hold the other party who caused the accident accountable. Below are answers to commonly asked questions concerning wrongful death claims in Texas.
Do we have to file probate before we file a wrongful death case?
For your own claims for the loss of a loved one, you can proceed with a claim without going to probate. You will eventually have to go to probate court if the case gets settled, but it is not necessary to do this before you file a lawsuit.
What if we are approached by someone at the funeral home or hospital who is recommending a lawyer?
It is illegal for an attorney to solicit wrongful death cases, whether by themselves or through others. It is also unethical and immoral to take advantage of people at such a vulnerable time. If any stranger tries to recommend a lawyer, ignore them and do research on your own. Some ambulance drivers and tow truck drivers have been known to work for and try to solicit these types of cases for lawyers. If a lawyer has to resort to illegal and unethical methods to run their firm you can be sure they are not the best representation for your case.
How much will it cost to investigate a wrongful death case?
We do not charge for a consultation or to investigate a wrongful death case. You read that correctly. We do not require you to pay some massive hourly fee or retainer. Instead, we take these cases on contingency, meaning that you pay nothing unless and until we obtain a financial recovery for you.
How do we investigate a wrongful death case?
- We will interview witnesses;
- We talk to police;
- If it is a work-related fatality, we make sure the occupational health and safety administration (OSHA) investigates the accident; and
- We interview witnesses from the workplace as well as the management and owners.
My siblings do not want to sue for our parent’s wrongful death. What can I do?
According to Texas Civil Practice and Remedies § 71.004, the surviving spouse, parents, and children can bring a wrongful death lawsuit, and you do not need the agreement of your siblings to do this.
What if our loved one did not die right away after the accident?
Texas law allows the representative of the estate to bring what is known as a survival action to seek compensation for the damages the victim incurred from the time of injury up until the time of death. These damages can include medical expenses, conscious pain and suffering, and funeral expenses. The estate can seek damages for conscious pain and suffering that occurred for periods which could be moments, hours, days, weeks, months, or years.
Have More Questions? Speak to an Experienced Houston Wrongful Death Lawyer Today
If you are coping with the sudden loss of a loved one, you should be focusing on the grieving process, not haggling with an insurance company. This is why it makes sense to hire an experienced and skilled Houston wrongful death attorney to pursue maximum compensation. Take action now and contact Michael P. Fleming & Associates, P.C. to schedule a free, confidential consultation 713-221-6800.