August 01, 2018
As a lawyer, it is our job to provide information that would allow you to make important decisions in even the worst of times.
It’s never easy but, at Sandoval & Waldman, we do our best to understand our clients’ concerns and address them each as we investigate a case and during the course of representation. This is especially important when the family loses a relative in senseless work or vehicle incident. Generally, a wrongful death case can be filed to provide financially for certain survivors who depended on the support of a person who has died in an accident caused by a negligent party. Assuming there is provable negligent party, Texas Law establishes what surviving family members may have a right to bring a wrongful death case.
Read More: Wrongful Death Lawsuit
The shock and grief that comes with the sudden death of someone you love can leave you feeling paralyzed. Mornings are tough because the first thing you remember upon waking up is that your loved one is gone. Just a day or two ago your life was normal. Now, it will never be the same.
As the days turn into weeks, the bills begin to mount. Everywhere you go, you are reminded of the tragedy that has occurred when people express how they sorry for your loss. While expressions of sympathy can assist with the coping process, they do not help with the overwhelming financial hardship that follows a family death. During this chaotic time, a level-headed advocate can provide some counsel and guidance that would address important practical matters.
Taking the first step to contact a Wrongful Death Attorney and scheduling a meeting is difficult but, ultimately, many find that it is a necessary step in assessing and understanding what has happened, what the family’s options are and, how to prepare for what the future will bring. There are a wide variety of legal issues that must be discussed in order to fully assess the course of action. From practical perspective, starting the process proves to be a task. Identifying who the decedent’s heirs are, whether or not there the decedent has a will, whether or not the decedent was married are all issues that would be addressed before filing a wrongful death claim.
While the lawyers at Sandoval & Waldman are not probate lawyers, we are well informed of the relevance that the probate process has on wrongful death actions and we could provide the guidance in this regard.
Attorney Steve Waldman understands the emotional roller coaster survivors travel following the unexpected death of a loved one. As a Texas wrongful death attorney, he knows it’s reassuring to have someone sensible step up and proceed with a rational course of action.
What is a Wrongful Death Action?
When loved one is killed, it is natural to start wondering why. Why that intersection? How does an 18-wheeler lose its load? What made the safety equipment fail at work? Who signed off on faulty construction? Why did this happen?
As difficult as it may be, you deserve to know the truth, and at times, you need answers to find some sense of peace. You may have been told there was anything wrong with the equipment or truck, that it was just unfortunate timing and accidents are unavoidable. However, as an experienced lawyer will tell you, that is seldom the truth. When a life is taken as a result of a negligent incident, someone needs to investigate the cause of that tragedy. A Texas wrongful death attorney can explore the avenues by which you and the decedent’s family can seek and find answers.
Wrongful deaths cases occur when a person dies because of the negligence of others. There are several ways a person, organization or corporation could be held liable for causing an individual’s death. At Sandoval & Waldman, we pride ourselves on using the rules and laws that we all have to abide by, and using them to make the responsible party accountable for what they have done. A wrongful death action is often the only way to discover the truth as to who or what set off the events that resulted in your loved one’s death.
When Should I Pursue a Wrongful Death Case?
Any time someone dies in an accident, someone should thoroughly investigate the evidence, if any, preserved from it. The best time to pursue a wrongful death action case is as soon as possible after the accident occurred. Here’s why.
Once you secure the services of an attorney, they can immediately preserve all evidence that might otherwise get destroyed.
Your attorney can take care of a lot of details during a time you should not have to put aside all emotion to take care of yourself.
Bills and expenses quickly accumulate and can overwhelm you in your grief. Your attorney can intervene by making payment arrangements or deferring payment on some of those bills so that debt collectors do not hound you.
Whether or not there is Will, you will need advice on how the probate process interplays with the wrongful death claims and survival action.
As an advocate for the estate, the lawyer can prepare a strong survival action claim. Survival actions are the personal injury case the decedent would have had if he had survived. A Texas wrongful death attorney can also purse the claims on behalf of the estate.
So where do you start a Wrongful Death Case?
It is best to sit down with Attorney Steve Waldman to discuss which family members would qualify to claim and receive certain damages. These damages can include these but are not limited only to these claims.
Pay for funeral costs.
Compensation for your family member’s wages, benefits and future earning capacity.
Reimbursement for any medical expenses incurred before your loved one died.
Compensate for emotional trauma, stress, anxiety and loss of your family member’s companionship.
The negligent party might approach you in your grief and explain they did not intend to cause the death of your loved one. When a person or company acts in a careless, reckless or indifferent manner, they expose others to the lethal consequences of their negligent behavior and need to be held responsible. While you may accept their explanation, they cannot escape responsibility for their actions or inactions when it has caused a death.
Steve Waldman, your Texas Wrongful Death Attorney will discuss how to file a wrongful death suit. He acts to protect your rights when you cannot and should not. Call and speak with Attorney Steve Waldman for a free consultation.