Category: Filing A Lawsuit

Wrongful Death Lawyers In Corpus Christi Explain How To File A Wrongful Death Lawsuit

Understand How to File a Wrongful Death Lawsuit With A Wrongful Death Lawyer

The death of a loved one due recklessness, neglect, or willful acts of another reason, entitles any aggrieved surviving family member to wrongful death compensation. The surviving member can file wrongful death lawsuits against the party involved. The lawsuit is filed in the civil court, where the number of damages the family is entitled to owing to the untimely demise of their loved one is determined. Additionally, based on the damages that the family is entitled to, a monetary compensation is determined.

Grounds For Filing A Wrongful Death Lawsuit

For the family of the deceased to file a civil lawsuit, they must have legal grounds. These are legally supported reasons for one to make a claim. For wrongful death lawsuits, the grounds of the lawsuit need to be that the deceased lost his or her life due to the negligence or intentional actions of the accused. Another aspect of the suit is that they should be an emotional and financial impact on the surviving family. As such, the surviving family members need to establish two things, if they are to be successful in their lawsuit:

  • The death of the demised was indeed caused by the recklessness, deliberate act, or negligence of the accused party and that the death of demised was not caused by their inaction or the action.
  • The surviving members have to show that they have suffered measurable damages due as a consequence of their loved wrongful one’s death.

Among the most common causes of wrongful deaths lawsuits include death caused by automobile accidents, medical malpractices, work-related accidents, and any unlawful acts that occur as a crime was being committed.

1. Who Has The Right To File A Wrongful Death Lawsuit?

This is defined by state laws. However, in all states, surviving children and a spouse can file a wrongful death lawsuit. In other states, extended family members, such as siblings and grandparents can file such lawsuits. Do you have a case? Check this link.

2. Probate Is Necessary For Filing For A Wrongful Death Lawsuit

Another requirement for these kinds of lawsuits is that the surviving family members must open a probate estate, which will allow them to sue on behalf of the deceased. In cases where there are surviving children, the court may require that a guardian is appointed. The guardian will look out for the best interest of the children.

3. The Types Of Damages The Suing Party Can Collect

After establishing that the death of their loved one was caused by a wrongful act, the suing party can collect these types of damages:

  • Medical bills as well as burial expenses
  • Compensatory damages for the lost wages the deceased would have earned if he or she were to live their normal life expectancy
  • Compensatory damages associated with the pain and suffering the surviving member endured due to the due to the absence of their demised loved one.
  • Punitive damages which are meant to punish the person who caused the death of their loved one. These damages are meant to discourage such similar behavior. However, you should note that not every state has a provision for this kind of damages.

It is also to every state has a statute of limitation for this kind of lawsuit. This is the length of time that you can wait before filing a wrongful death lawsuit. If you wait too long and the statute of limitation is passed, you can no longer file such lawsuits. Therefore, if you believe that a loved one died due to negligence, deliberate acts, or recklessness, consult Corpus Christi Wrongful Death Lawyers to attain a better understanding of your legal rights and what you should do.

Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles.

 

Our Corpus Christi Personal Injury Lawyer Is Here To Explain Why Not To Take The First Offer

Why You Shouldn’t Accept An Insurance Company’s First Offer

The bodily injury claims process after a car accident can be a major headache. It’s often the intent of the opposing insurer to wear you down and then exhaust you. That’s when you can expect it to come to you with a settlement offer to make you go away. Once you take a good look at that offer, it’s likely that it’s woefully insufficient and doesn’t contemplate all of your damages. Signing off on a release of claims too soon that’s too low can come back to haunt you in the future. If you’re like just about everybody else, and you’re uncertain about handling the claims process, a respected and competent auto accident lawyer in Corpus Christi will probably be your best advocate. If you insist on representing yourself in the claim process, here are five reasons why you shouldn’t agree to settle for an insurance company’s first settlement offer.

The Adjuster Assigned to Your Case Is Your Opponent

Once you make a bodily injury claim, it is assigned to one of the insurance company’s adjusters, who will investigate it, review all medical bills and reports, and set both a high and low value on your claim. You’re neither in good hands nor with a good neighbor. Your adjuster has the best interests of their employer in mind.

It’s Going To Be A Low Offer

Insurance companies make money by receiving a premium check and paying out as little as possible on claims. Expect your adjuster to do whatever is legally permissible to decrease the claim’s value. You’re highly likely to be lulled into making mistakes during the claim process, which the agency will use against you in the future. Experienced personal injury lawyers in Corpus Christi don’t make those mistakes.

You Don’t Know Your Damages – Yet

Don’t rely on the opposing insurer’s calculations on what your reasonable medical bills should be or how long you should have been off of work due to your injuries. It could take months for doctors to diagnose the exact nature and extent of your injuries, and it could take even longer to undergo medical procedures and rehab before you reach maximum medical improvement.

Don’t Forget About Pain and Suffering

Many adjusters will try to slide by with an initial offer of disputed medical bills and lost earnings. You wouldn’t be making a bodily injury claim if you didn’t experience some degree of pain and suffering. A jury is allowed to take compensation for pain and suffering into account, so an insurer should take that into account too before you’re even forced to file a lawsuit.

There’s More There Than You’re Being Told

The adjuster on your claim knows how much authority he or she has. Even if a settlement comes in toward the higher end, that adjuster has done their job, and he or she is not going to get criticized by their claims supervisor for settling within the authority that they have.

Documentation of the personal injury claim with lost earning records along with medical bills, records and reports are crucial for a fair and just settlement. Remember that you’re likely to make mistakes along the way that will decrease the value of your case. It’s unlikely that a judge will let you cure them. Quality personal injury lawyers don’t make those mistakes.

Call or contact The Law Offices of Jerry J. Trevino to represent you!

Weighing Your Options When It Comes To Your Personal Injury Claim

Deciding Between A Settlement And A Lawsuit Is A Tough Choice

Going through something like a car or truck wreck or pedestrian injury is bad enough, but many personal injury situations are often followed up with a tough choice. That decision is between filing a lawsuit or settling your claim. It’s a dilemma that honestly deserves robust and honest analysis based on facts involved in your particular situation. Most insurance companies typically deny claims or just offer low-ball settlements to see if they can get rid of injury cases for as little money as possible, often at far less value than a case truly has. On the other hand, injury settlements aren’t always your best option if you might get a dozen times much or even more through a lawsuit, or just the threat of one. Our attorneys are able to help you make your choice by doing a comprehensive analysis of your particular case in order to assess the probable value and if you can possibly collect more money given your injuries and damages. If pre litigation does not generate an appropriate settlement offer, then filing a lawsuit might be necessary. It’s critical that you have good legal counsel from a seasoned injury attorney who can analyze your particular case, given the fact that once you accept any injury settlement, you have forever forfeited your personal rights to seek further compensation for any damages related to the accident.

Assessing And Maximizing Your Injury Settlement Offer

It’s typically best for you if you get an injury lawyer working with you in order to get a case moving as fast as you can. An attorney is a professional that can appropriately gather evidence and formulate a potential damage model for your case in order to emphasize the varying injuries which can be possibly compensated for under the applicable laws. Persons that try to actually represent themselves tend to wind up with claims that many insurance companies put a very low value on. Once any case is earmarked as one with low value, then increasing the perceived value of that claim gets a lot more difficult. The lawyers of our firm go through a robust investigation and analysis of your claim in order to determine how to go about proving the liability of the defendant. We’ll also conduct a financial analysis in order to estimate the possible value of any damages you have personally suffered, taking into consideration specific factors like future and past medical expenses, income loss, scarring, physical impairment, pain and suffering, and many others.

Injury Settlements Are Most Likely To Be Something The Defense Offers

There are five specific times where a case is most likely to be settled or see a settlement offer:

  1. Prior to the lawsuit being filed.
  2. Immediately following the filing of the lawsuit.
  3. Once depositions happen and there is proof of defendant liabilities and plaintiff damages.
  4. During Court-ordered mediation.
  5. Immediately before the case winds up going to trial.

In the end, the final analysis of a trial versus an injury settlement comes down to what course of action will get the client the most money in his or her bank account.

When Someone Should Consider Filing An Injury Lawsuit

If a defendant (the supposed wrongdoer) doesn’t offer any settlement, or the one they offer is unfair in its amount and terms, then a lawsuit might be a better course of action. Simply filing a lawsuit doesn’t actually mean a case goes to court though. In truth, the majority of lawsuits are settled before the trial actually starts. Having said that, the threat of a lawsuit, and sometimes the lawsuit itself, are necessary to obtain the fair value an injury case deserves, should the defendants offer prove to be too low.

It’s highly recommended that you seek out the advice of a legal professional before you make your final decision as to whether or not you should file a lawsuit or settle following your accident injury claim, be it a vehicular incident, unsafe property injury, a construction accident, a spinal injury, or anything else. Our attorneys can give you a free consultation in person in the markets we serve, but we can also have a phone conversation with you or meet you somewhere other than our offices. We’ll reach out to you if you request a personal injury attorney near me, and we work diligently to get your the very best results for your personal injury case. Please feel free to call or contact us if you think you need our help.