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Parts of a Proper Claim

There are 4 fundamental parts (or things that should exist) that the plaintiff must have for the claim to be regarded as proper. If you are left with serious or minor damage to your vehicle and if these 4 parts are present, you may be entitled to compensation for your damages or other losses. The 4 parts needed for a personal injury lawsuit in Texas with success include duty, the breach of said duty, causation, and damages. Each part must be accounted for and proven for an automobile accident lawsuit to succeed. Here is a detailed explanation of each item so you can decide if each part can be proven and see how difficult it would be to do so in a court of law.

Duty
In an automobile accident, the plaintiff, or victim, must show that the defendant (the party who is to blame for having caused the wreck) had a duty. It means that the defendant had a duty to act with caution not to harm others. The duty part is usually quite simple to show. In many cases, the law mandates a duty. By way of example, most roads have a speed limit. If a driver chooses to speed beyond the speed limit and this affects another as an outcome, the driver breached a duty to be cautious while driving his automobile in a reasonable manner. In most cases, motorists owe each other a duty to drive their vehicles under a reasonable person standard. The standard of a reasonable person is that all people have a duty to behave as a reasonable person in the same or similar situation.

Breach
The next part, which has to be properly shown, is that there was a breach or several breaches. The plaintiff must show not only that duty was present but also that the defendant breached that duty. In the case of a wreck, the plaintiff can show that the defendant breached its duty, demonstrating that they behaved in an unreasonable condition. If the plaintiff can show that the defendant has behaved unreasonably, even for a short moment, the plaintiff can show broadly that the defendant breached the duty. To show it, you must get physical evidence of what the driver did not or did do that is to blame for having caused the breach. If the claim goes to court, the jurors examine the physical evidence and other physical evidence relating to the wreck where the driver’s behavior was in question.

Causation
Causation just shows that the defendant breached the duty and is therefore responsible for your damages. You must show that the defendant actually is to blame for having caused the injury. Often, the defendant will blame the plaintiff or some other scapegoat to escape responsibility. The defendant could avoid paying his damages if they can convince jurors that the other driver, pedestrian, or their own negligence is to blame for having caused his injury. Causation is a fundamental part of a personal injury claim and can be a complicated issue to show. The physical evidence must be presented to show the wreck and the damages were the direct outcome of the negligent behavior of the defendant.

Damages
Finally, in addition to showing that the defendant breached a duty that is to blame for having caused a wreck, the plaintiff must show that they suffered actual damages for the defendant to be held responsible. In addition, to recover, you must show the court of law the extent to which they should compensate you or, in other words, the amount the defendant owes. Each of the costs associated with the injury must be specifically detailed to support the request.

Calculation of damages can be a difficult process for beginners and is rarely simple. Several factors must be considered and it must be done precisely because the plaintiff only has a single chance to try to recover from the defendant and it must be the exact amount the defendant owes. A detailed inventory of all financial and other costs should be taken in calculating damages. The damages include more than the amount it would cost to repair your automobile or health care bills. Examples of what can be considered as damage may also include, but are not limited to, losses incurred as an outcome of not being able to work, loss of earning capacity, and travel costs resulting from the injury. By way of example, if you can’t drive and have to take a taxi to the doctor so you can receive treatment, taxi bills should be included in the total damage. Emotional harm may also be considered in the equation.

A financial value can be reasonably placed on the damage suffered as an outcome of the pain and anguish. Most people likely do not know how to calculate the dollar amount of pain and anguish. Our car accident lawyers have over twenty years of experience in these sorts of cases. Experience has taught us to estimate what you can get in terms of compensation for pain and anguish. Our firm will make sure you’re protected if you are likely to suffer losses as an outcome of not being able to return to work and take into account important factors such as time value of money and potential losses like lost opportunities for promotions and raises that likely would have received if you were able to continue working.

It is important and needed to support a calculation of damages by solid physical evidence. If you have been seriously hurt from your wreck, you’re likely made aware of your injuries on a daily basis. You can have endless pain, difficulty moving around due to immobility, or no transportation, because you can’t afford to repair your automobile. Your damages may be obvious to you but without a careful representation to jurors, do not expect jurors to see things from your point of view. In the case of many car wrecks, lawyers hotly contest the question of compensation. Defendants will produce their own calculation of your compensation, and in all likelihood, their number would be much lower in terms of remuneration than yours, because they want to minimize his costs as much as possible. A common defense tactic is to make the plaintiff appear eager for money and make it look like they asked for more money than they deserve. To succeed, it is needed to present solid physical evidence of your damages to show that you calculated your claims fairly and accurately.

If you were in an automobile wreck it is imperative to prove these 4 parts to enable collecting the damages you deserve for your damages. If you feel you might need a car accident lawyer, please contact our Law Office so that our firm can offer you a free consultation and advise you of your options.

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Important Car Accident Information
Accident Injury Lawyer Gives You Important Car Accident Information That You Can Use

Our Texas car accident attorneys have many tips, tricks, and tidbits of advice for people affected by a car accident in Texas. Our Law Office sees many clients who are misinformed regarding the car accident legal process. Take it from us – here are our nine essential things to know about your car accident case.

1 – Lying to Your Car Accident Lawyer Will Cost You
In what may be the most unbelievable yet happens with regular occurrence, you should never under any circumstances, lie to your car accident attorney. You’ve retained your attorney to represent you completely and entirely throughout the entire car accident claim process. Lying to your car wreck lawyer is never a good idea. Additionally, lying to an insurance claims adjuster, to a doctor, or to anyone else involved with your car wreck claim is a very bad idea. Doing so will jeopardize your case and potentially prevent you or your family from receiving even what you would otherwise be owed after a car accident in Texas. If you don’t want to answer questions about a particular situation, direct the questions to your attorney. If you are uncomfortable with your attorney, find a different person to represent you. Again: never, under any circumstances, lie about your car accident case to your lawyer, your doctor, your insurance claim adjuster, or anyone else directly involved with the case.

2 – Accepting a Check or Settlement from the Insurance Company May Ruin Your Case
Car insurance companies engage in tricky and deceptive behavior. One of these misleading practices is to send you a lump sum check for all the claims you’ve previously submitted and stamp “final settlement” on the check and accompanying paperwork. If you accept this check and deposit it into your bank account, or sign any settlement paperwork, you may completely ruin any future claims you have against the driver or insurer. “Final settlement” means that you’ve agreed with the insurer that you will not submit any future claims related to this car accident. This means any future medical bills, any unpaid medical or property damage bills will not be paid by the insurer. What you should do instead: retain an attorney to review ANY paperwork sent by the insurance company and do not accept or deposit any checks until you are completely sure you are not agreeing to something you don’t want. Call our Law Office to set up a consultation with our car accident lawyers in Texas to ensure your rights and claims are protected from insurance company gimmicks.

3 – Hiding Past Injuries or Accidents Can Seriously Affect Your Case
Past medical history or previous accidents do not ruin a case. However, hiding these injuries or accidents from your car wreck attorney, from your doctor, or from the insurance claims adjuster can seriously affect your car wreck claim. An experienced and knowledgeable car wreck attorney can differentiate which injuries are attributable to which accident using expert medical opinion. Do not hide this information; it will not ruin your case unless you lie or obscure or do not tell someone of any previous injury.

4 – Keeping a Daily Journal Will Help Your Case
This bit of car accident advice comes straight from one of our client’s experiences. This client kept a written journal next to each phone in her house so she could record the time, date, person’s name she was talking to, and the subject matter of the conversation anytime the insurance company called her. This information can be invaluable during the progression of any claim or demand made by the insurance company.

Our auto accident attorneys also strongly recommend keeping a daily journal documenting your pain levels, the activities you performed that day, any medical personnel you saw (including therapists), and any medicines or drugs you took to ease your pain or reduce symptoms. When it comes to proving damages in the claims process, it is necessary to have evidence – and this daily journal is ideal to document your progression and physical state through the healing process.
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5 – Go to the Doctor, Get a Diagnosis, and Start Treatment for Injuries
It’s amazing how many people try to tough it out and avoid seeing a doctor immediately after a car wreck. By waiting to see a doctor, you run the risk of making the injury worse, not documenting the existence of an injury, and providing the insurance company to say “we’re not paying because you didn’t go to the doctor so it couldn’t have been our fault/the injury must not have been that bad.” Go to the doctor, even if you have to miss work. Your lost wages can be compensated by the insurance company. Go to the doctor, even if you cannot afford it. Our Law Office maintains a list of doctor referrals who can expertly diagnose and treat your injuries without payment upfront. Call us for a complimentary consultation without car accident injury lawyers today.

6 – Car Insurance Companies are Always Investigating You
Remember this: the bigger the accident and injuries, the more the insurance company will want to limit their costs. One way to limit costs: find evidence against you that shows your injuries weren’t as bad as you claimed them to be. One easy way to determine this: Facebook, MySpace, Twitter, and other online mechanisms. It’s amazing how quickly the insurance company will find photos, status updates, videos, even location data on where you are in order to make it look like you’re fine and exaggerating your injuries. Insurance companies may also use private investigators to seek you and your family, take photos of you engaging in normal activities, and document where you go and how long you stay – starting from the moment of the accident until the claim is fully resolved. Be smart – remove your social networking profiles, and do NOT exhibit any behavior that can compromise your injury claim.

7 – Trusting the Car Insurance Company is a Bad Idea
Take it from a highly experienced car accident litigation lawyer – trusting the car insurance company to do the right thing is a bad idea. The car insurance claims adjuster receives promotions and bonuses based on how much money he can save the insurance company. Even though there are many laws against deceptive practices, claims adjusters are rewarded for shady practices designed to lull you into trusting them – then pulling the rug out from under people. Get your own car accident attorney. Do not trust any attorney the insurance company recommends. Have a car wreck attorney review any and all paperwork sent to you by the insurance company and let the insurance adjuster know that he should talk to your lawyer – not you – for answers to any questions.

8 – Consider ALL Your Injuries and Damages in Your Insurance Claim

Damages following a car accident typically fall into two categories: personal injury claims and property damage claims. Determining the extent of property damage is fairly straightforward. Determining the amount of personal injury damage is very complex and requires a highly experienced car accident injury attorney to calculate all the possible damages, both present, and long-term.

Our Law Office knows precisely how to calculate all your possible damages and knows exactly how to demand this money from the insurance company. Call us to speak with a car wreck injury lawyer about your personal situation and determine whether you have a case against the insurance company or other driver.

9 – Let an Attorney Review and Determine Who is at Fault – and Who is Liable
Throwing around legal-sounding words and attempting to determine on your own who’s fault the accident was and who should pay you is a bad idea. Insurance companies are not scared by an individual person. Insurance companies are more scared by professional, experienced car accident litigation attorneys because these lawyers have a long track record of success for their clients against the car insurance company.

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Personal Injury Protection / PIP Insurance
Our Auto Accident Lawyers Discuss Personal Injury Protection (PIP) Insurance After a Texas Car Accident

Texas car accidents occur every day and people injured in auto accidents often have several questions about how to file their insurance claims. No matter whether a demand letter is sent to your insurer or a lawsuit filed, anyone injured in any type of car wreck should file a claim under their Personal Injury Protection insurance, commonly known as PIP insurance.

Texas PIP insurance is a mandatory offering as part of regular auto insurance, but consumers can decline this coverage in writing with their car insurance company. Yet in Texas, many people hold misconceptions about PIP insurance.

The Truth about PIP Insurance in Texas
PIP insurance is no-fault insurance coverage. This means it does not matter who or what caused a car accident – just that there are injuries following the car wreck itself. Because this form of insurance is no-fault, insurance companies cannot raise rates, premiums, or deductibles based on past or present PIP insurance claims.

PIP insurance covers you, the driver, and any other occupants in the vehicle. Additionally, if you were hit by a car while riding a bicycle or if you were hit by a car while walking across the street, your PIP insurance will cover any property damage or bodily injury you sustain as a result of the car accident, regardless of whether you were at fault for the accident.

PIP insurance reimburses you up to whatever your car insurance policy’s maximum PIP coverage amount is for any property damage, bodily injury, and 80% of your lost income as a result of the car wreck. In Texas, car insurance companies must offer you PIP insurance coverage of at least $2,500, but this amount can be higher at your request at the time the insurance policy is written.

PIP insurance claims do not affect any other insurance claims. Regardless of whether you have filed or will file additional insurance claims against your car insurance policy or another driver’s car insurance policy, you may still receive all compensation from your PIP insurance. Likewise, regardless of whether you file a personal injury lawsuit against another driver and the other driver’s insurance company, a PIP claim will never affect a past, present, or future personal injury lawsuit nor a past, present, or future health insurance claim.

There’s a Catch

Insurance companies like to deny PIP claims made by their own insured and they often will do so based on odd technicalities. The best way to ensure that you receive the PIP benefits that you deserve is to have your attorney file the PIP claim for you, using the proper procedures, along with any personal injury claims that are filed against the defendant.

Our Law Office strongly recommends filing claims with PIP insurance immediately following any Texas car accident, regardless of reason or fault for the wreck. However, because PIP insurance maximums are often less than $5,000, this insurance coverage may not be enough to cover all medical expenses or property damage sustained during the accident. Contact our firm to speak with an experienced auto accident attorney about your personal situation following a car wreck. Call us for your complimentary consultation today.

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When You Know that You Need an Attorney

When it comes to car wrecks, most accidents result in only property suffering damage. When it comes to damaged property, insurance companies have very little leeway to cheat the victim out of compensation. In most cases, if your car was the only thing damaged in the wreck, then you can likely resolve your situation and obtain restitution from the insurer. On the contrary, if you’ve suffered an injury or a loved one has been killed in a car wreck, then you must seek the help of an accident injury lawyer if you want to secure the compensation you merit. Unfortunately, the greater the value of the damage you have suffered, the harder it usually is to obtain fair compensation from an insurance company, which has the primary motivation of making money and not helping people. In order to protect their bottom line, insurance companies will expend a great effort, so you need the help of a skilled attorney if you are going to have any chance of success.

Look out for Pushy Insurance Adjusters
As the value of the possible compensation increases after a car accident, so does the likelihood that the insurer will assign one of its shrewdest and most experienced adjusters to deal with the claim. No matter how much you deserve to be compensated, the insurance company is only concerned with saving its money, and that means finding a way to deny your claim or at the very least reduce the size of your settlement. These are clever adjusters who know how to treat inexperienced accident victims. If they think you have a strong case, then they will offer you a settlement that is far less than you could actually obtain, hoping you will take the bait. If they offer you a settlement before you hire an attorney, that settlement is probably suspect and designed to prevent you from seeking competent legal aid. You need to have a skilled accident injury lawyer review any settlement offer before you accept it. Only an experienced eye can tell the difference between an equitable offer and an unfair one.

When the insurance adjuster cannot hustle you into signing away your right to sue in return for a sub-par settlement, they will attempt to trick you into affecting your own ability to be compensated. They will ask you a slew of questions designed to get you to admit your liability or to accidentally downplay the severity of your injuries, so they can deny or at the very least diminish the size of your compensation package. At our Law Office, our attorneys have 20 years of experience handling accident injury cases, so we know what a fair settlement offer looks like. Moreover, we buffer our clients from all interactions with the insurance company, so they can’t fall prey to a confusing line of questioning. We will not let our clients get hustled by fast-talking insurance adjusters.

It’s He Said or She Said, so You’re Going to Need Evidence
There are at least two sides to every accident story. While you might be telling the truth, and the other driver might be lying, you’re going to need more than your word to win a court case. Finding evidence is difficult to impossible for a novice. Our accident injury lawyers have been investigating accident scenes for as long as we’ve been litigating cases. We know how important it is to investigate quickly and diligently in order to have the best opportunity to find the needed evidence. On a busy roadway, evidence disappears immediately, so we begin searching for proof immediately, sequestering and examining all involved vehicles, locating and interviewing witnesses, analyzing any forensic evidence, reviewing police reports, and uncovering any available video. We know your word is not enough, so we will do whatever we can to prove your word.

Beware the Prejudice of Juries
There are certain circumstances in which jurors may have negative preconceived notions about certain elements of an accident case. For instance, some people have trouble accepting the validity of soft tissue injuries like whiplash, or muscle sprains, strains, and pulls. Many jurors come into a case not accepting that these injuries are as deserving of monetary compensation as more visible harms like broken bones. In fact, soft tissue injuries can often take longer to heal than broken bones and can sometimes mask much greater problems in the long run. A well-seasoned and schooled accident injury attorney, however, can convince even the most hostile juror that the injuries you have sustained are legitimate and merit restitution.

This Isn’t a Do-it-Yourself Job
To learn the law, an attorney spends years in law school. Then, he or she must prove his or her knowledge by passing the bar, but that’s only where the real education process begins. Practicing law successfully requires extensive experience. While the laws in every state permit a victim to represent him or herself, you would be doing yourself a great disservice by doing so. Non-attorneys are easily defeated by clever defense lawyers because they know people without legal experience cannot handle the procedural minutiae they demand of them. When the inexperienced non-lawyer fails to process a requirement, like a request for a list of admissions, the case can be swiftly thrown out of court. You have too much at stake to risk losing it all by trying to defend yourself. You need to hire a skilled accident injury lawyer like those at our Law Office who can protect your rights, correctly process all of the court’s requirements, and help you attain a favorable settlement or verdict.

What Our Law Office can Offer You
Once we’re hired, Our Law Offices offers our clients comprehensive legal assistance, including all of the following services:

Conducting a stringent investigation to pinpoint all of the parties who were responsible for an accident and finding the proof to prove the case against them – eyewitness testimony, videos, photos, or other physical evidence.
Processing all necessary paperwork including filing the claim with the insurer if it has not already been done.
Buffer our clients from all communication with pushy and aggressive insurance adjusters.
Making sure our clients receive adequate and affordable medical attention, even when they think they don’t have the means to pay for it. If injuries complicate due to inattention, the victim could transfer liability from the defendant to him or herself.
Using our strong reputation for success to pressure the insurance company into settling. This shelters our clients from time wasted and stress piled onto your shoulders.
Devise a strong trial strategy and execute that strategy in court if necessary.

Our Accident Injury Lawyers Know How to Help You

At Our Law Offices, we will do everything within our power o make sure you are fairly compensated after you have been injured or a loved one has been killed in an auto wreck. We have won many millions of dollars for other injured and grieving Texans, so we have the knowledge, experience, and skill to help you, as well.

To find out what we can do for you, call now for a free consultation. You will have the opportunity to discuss your case with a trained specialist who will listen to your story, answer any questions you may have, and explain the legal options you have available.

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Determining Damages
Wrongful death compensation can include:
The term “damages” carries a much different meaning in the legal realm. It does not mean damage like a car may suffer due to a broken windshield. Legally speaking, the term means is the monetary value of that broken windshield. Regarding a wrongful death lawsuit, there are two kinds of damages that the family of a deceased worker can pursue: wrongful death damages and survival damages. Wrongful death damages compensate the family for the suffering they have experienced due to their loved one’s tragic and untimely death. Survival damages allow the closest living relative to pursue damages the victim would have pursued had the injuries he or she suffered not proven to be fatal.

Wrongful death compensation can include:

Medical and funeral expenses as a result of the accident and fatality.
The loss of monetary support the deceased provided before his or her death.
The resulting mental and emotional trauma caused by the family member’s death.
The loss of consortium and unique familial love that only the deceased could provide.

Survival Damages
Compensation for survival damages include:

Medical expenses due to the construction accident.
The victim’s lost wages during the time period he or she would have been expected to have stayed in the hospital had he or she survived the accident, or wages the victim would have lost as a result of any long-term disabling injuries caused by the accident.
The deceased’s physical pain and suffering he or she experienced.

Hurdles to Obtaining Just Restitution in a Construction Wrongful Death Case
There are very few options a company not subscribing to workmans’ comp has in defending itself from a wrongful death lawsuit as a result of workers’ comp laws designed to punish these companies for not buying the insurance. Such a company basically has two ways to avoid compensating the families of deceased workers: proving Sole Proximate Cause or proving that the worker was a contractor and not an employee of the company.

Sole Proximate Cause
This is the only true legal defense a non-subscriber has, and it means that the worker was 100 percent responsible for his or her death. Since a non-subscriber basically has to use this defense, you can count on the trial becoming very disturbing. The reason is the company will try and ruin your loved one’s reputation by making him or her out to be routinely irresponsible and incompetent, to put it nicely. If the company can prove this in court, and that your loved one’s negligence was the cause of his or her death, they can get out of having to pay anything for the tragedy your family has experienced.

Even though the company didn’t see fit to pay for workers’ comp insurance, you can bet that company will spend whatever it takes to defend them from your lawsuit. That company will pay a lot of money to a defense attorney, and that attorney will drag your loved one’s memory through the mud. These defense lawyers are extremely well compensated for what they do, and they are very good at it. You need a lawyer working on your side with the experience and skill necessary to combat this tactic and defend your family member’s reputation.

The Employer/Employee Relationship
While this is not, legally speaking at least, a true defense option, a non-subscriber can still avoid compensating a bereaved family if it can prove that the deceased worker was not a “true employee,” but rather a contract employee. In Texas, contract employees are responsible for maintaining their own workplace safety. So it only follows logically from the company’s perspective that if the worker was not an actual employee, why should the company be expected to compensate the family for that worker’s death?

This is a rather flimsy, desperate effort to avoid liability, but it must still be respected. The law may not agree with the company’s perception of your deceased loved one, and may still regard the victim as an employee even if the company claims otherwise. The wrongful death attorneys with our office are very experienced in proving the existence of an employer-employee relationship. We know how to find contracts and pay stubs, and interview co-workers in order to prove one of the standards for proving that relationship listed below:

The employer withheld taxes or Social Security from your family member’s paycheck.
The employer provided the necessary tools your loved one used to perform his or her job.
The deceased worker followed a specific work schedule established by the employer.
The employer inspected, oversaw, or managed your family member’s work at regular intervals.
Your family member signed a form or otherwise did something that limited his or her rights, such as taking a drug test or signing a document stating he or she complied with the rules spelled out in an employee handbook.
The employer hired your loved one for an undetermined period of time, and not just for a single job.
Your family member was paid on an hourly or salary basis, and not job-by-job.

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Loss of Future Earnings
Attorney Discusses the Loss of Future Earnings After a Wrongful Death

If your loved one dies as a result of the negligence of another, do you know what kind of compensation you’re entitled to? If your spouse has tragically died because of an unfortunate accident, are you worried about providing for the future of your family? The experienced Texas wrongful death lawyers at our Law Office understand your worry during this difficult time and will seek to provide just compensation for your loved one’s loss of future earnings.

What Does Loss of Future Earnings Mean?
Loss of future earnings is the money that the spouse, children, or another financial dependent would have received had the provider not died. It is only one of the damages that can be sought in a wrongful death case. It can be a difficult value to compute to ensure that you receive just compensation for your loved one’s lost income. Courts can often interpret the loss of future earnings in a wide variety of ways, so having competent legal help on your side is of the utmost importance.

Problematic Issues in Calculating Loss of Future Earnings
Let’s suppose that your loved one was 30-years old at the time of their passing, and was then making $50,000 per year. With an estimated 35 more years of possible working potential at the same rate of pay, the base value of future lost income would be $1.75 million. Due to many variables, calculating the loss of future earnings is seldom this straightforward. For example, would your loved one have never gotten a raise? Surely that should be factored in as well. What about inflation?

Defendants at fault will seek to reduce their payouts by trying to base the final value on the fluctuations of the market during the victim’s possible working future. The competent attorneys at our Law Office can help the opposite occur by seeking to raise the base value of the suit based on former cases and testimonies of witnesses. Essentially, our attorneys help to prove that your loved one would have most likely received a promotion or a raise as part of their future earning potential.

Certain cases can be even more troubling. What if your loved one had been working at a restaurant as a waiter in order to pay for the medical school that they were also attending, and suffered a fatal accident before becoming a doctor? Should loss of future earnings be based on their hourly wage as a waiter or their future wages earned as a potential doctor? The attorneys at our Law Office know the intricacies of presenting such a case while keeping an eye on making sure you receive fair compensation for your loved one’s future, rightful, earning potential.

Wrongful death attorney
Losing a Loved One Doesn’t Have to Mean Loss of Future Earnings
Proving a fair amount of potential earnings on the behalf of the bereaved is typically a complex issue best left to capable attorneys. Our Law Office seeks to mitigate prolonged future pain as a result of possibly not receiving just compensation for your loved one’s loss of future earnings by seeking to show their most likely future earning potential.

With 20 years of experience in such cases, we are well prepared to prove your case and show the courts why you and your family are entitled to just compensation. Lessen your worry about the future of your family by contacting our wrongful death attorneys. We are here to help you in your time of need.

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Texas Wrongful Death Attorney on Fatal Accidents in Texas

When a person loses a loved one due to a tragic accident, that person loses an incredibly important part of his or her life and is left with a lot of unanswered questions. Who is to blame for this? How did the accident happen? Do I have grounds for a wrongful death lawsuit to hold those responsible for the accident accountable? Do I need a seasoned and skilled Texas wrongful death attorney?

The lawyers at our Law Office have been handling wrongful death litigation for two decades, so we are all too familiar with the feelings you are experiencing after the loss of someone close to you. If you want to pursue legal action, we want to make sure you are as well informed as possible regarding the legal options you have, and the hurdles you will have to surmount in order to succeed in your case and obtain the just restitution you have coming for the loss of your loved one.

The Purpose of a Wrongful Death Lawsuit in Texas
There are three main purposes for the initiation of any wrongful death lawsuit in Texas:

Making sure the negligent party or parties responsible for negligent actions or inaction that led to the death of an innocent person being held accountable.
Forcing negligent parties, through the use of monetary incentives, to change their behavior so more people do not suffer injury going forward.
Ensure that the loved ones of the victim obtain fair compensation so they are not subjected to monetary stress as well as the mental trauma they are already experiencing.
Of course, no amount of monetary compensation can come anywhere close to replacing your lost loved one. If the deceased family member was the main provider, however, your family is experiencing some major monetary problems because of your loss. The Texas wrongful death lawyers with our Law Office can help alleviate the monetary problems you are going through. Our lawyers are passionate about helping ease the financial burdens faced by families who are going through an incredible loss. We not only want to make sure those responsible for your tragedy are brought to justice and held accountable for their wrongdoing, but we also want to help you recover monetarily. By getting the just restitution you have coming to you, you can concentrate on recovering, both emotionally and physically, from the loss you have experienced.

The Compensation You Can Recover in a Wrongful Death Lawsuit in Texas
From a legal perspective, the term “damages” refers to financial compensation that the loved ones of a deceased family member can recover – not the actual harm that was experienced by the family member. In a comprehensive wrongful death civil suit, there are two kinds of damages that can be pursued: wrongful death and survival damages. Wrongful death damages are designed to provide compensation to a grieving family for the emotional and financial strain they have experienced since the death of their family member. Spouses, children, parents, and other dependents can all seek to obtain wrongful death compensation, and there can be multiple wrongful death damage claims in a single wrongful death lawsuit. Wrongful death damages that can be obtained include compensation for:

Medical bills the victim incurred prior to his or her death.
Funeral expenses.
The loss of financial support the victim provided prior to his or her death.
The emotional and mental trauma the family suffers due to the loss of the family member.
The loss of unique love and consortium only the deceased family member could provide.
On the other hand, survival damages are designed for only the closest living relative to obtain compensation commensurate to the value of a lawsuit the deceased could have filed had he or she survived the accident and had been injured. Basically, the deceased’s closest living relative serves as, more or less, a proxy for the victim, and inherits the personal injury lawsuit that the deceased would have been able to file. Anyone seeking survival damages can also pursue wrongful death damages. However, a victim’s brother or sister can only seek survival damages if he or she is the victim’s closest living relative. The right to pursue survival damages starts with the spouse, then goes to the children, parents, and then siblings. Again, only one family member can pursue a survival damages suit, but all family members can seek to obtain wrongful death damages. Survival damages include:

Medical bills the victim paid before death.
Damage to property wrongful death lawyer
Salary lost because of time the victim, had he or she survived the accident, would have spent in the hospital recovering from his or her injuries.
The loss of future earning capacity as a result of long-term disabling injuries.
Physical pain and suffering experienced by the victim.
Emotional and mental trauma suffered as a result of the accident.
Restitution for disfigurement.

Survival damages and wrongful death claims differ completely. They require completely different legal strategies in order to be successful. In addition, each plaintiff incurs a varying amount of damages, and therefore, each wrongful death damages claim has to be handled on an individual basis. Both of these forms of litigation – survival damages claims and wrongful death claims are very complex and intricate. That does not even take into consideration what you have to do to surmount the hurdles presented by the opposition’s defense lawyers. If you have no legal experience, you will have no chance at winning a lawsuit, because you don’t have the required familiarity with the procedures involved. We have dealt with wrongful death litigation for two decades, and we’ve seen – time after time – unrepresented plaintiffs see their case dismissed because of a legal technicality that unrepresented person had no idea existed.

Please do not let this happen to you. The Texas wrongful death lawyers with our Law Office can protect your rights and help you obtain the compensation you have coming to you. We have the seasoning and experience needed in order to ensure that all of the details associated with legal procedures are properly taken care of. We will cut off all the defense’s attempts at finding legal loopholes and make sure that those whose negligence resulted in your loved one’s death are held accountable. We do so not only to get you the compensation you deserve but also to make sure the negligent party changes its behavior so that no one else has to experience a similar kind of pain. That could be one way that at least a shred of something good might come out of the tragedy that robbed you of your loved one. We are not just interested in making money for our clients. We also want to help prevent accidents from happening down the road. This is a vital part of wrongful death law in Texas, and we are extremely passionate about it.

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Do You Have Grounds for a Wrongful Death Lawsuit?

There are many instances where wrongful death cases are anything but black and white. As a result, the family members of a lost loved one might not know if they have grounds for pursuing wrongful death litigation. It is imperative to remember that wrongful death lawsuits are civil cases. A defendant need not break a law in order to be the target of a suit. Think about a scenario where a driver who is speeding hits a man crossing the street and kills him. The driver committed standard negligence – a temporary lack of focus or reason – and thus will not face any criminal charges. The family members of the victim, however, can initiate a civil wrongful death lawsuit against that driver. This, in fact, will be the only way justice can be pursued since the driver will not face criminal action for his negligence.

In addition, a civil suit involving a wrongful death may be filed against the negligent party, even if that party is facing criminal charges because of the death that resulted from that party’s actions. If that driver in the scenario mentioned above was intoxicated when the accident occurred, he or she would probably be facing criminal charges such as intoxication manslaughter for causing the fatality. Family members of the victim can, even if the driver is convicted of criminal charges, still file a civil suit. In Texas, the law states that a wrongful death has to meet four criteria in order for the family members of the deceased to be able to file a wrongful death claim. These criteria include:

The inactions or actions of another party or parties resulted in the death of the victim.
The party or parties were guilty of committing some sort of negligence when the accident occurred.
The accident victim is survived by family members who are eligible by law to try and obtain wrongful death or survival damages.
The family members of the deceased have experienced some kind of measurable monetary damages because of the death of their loved one.

Recoverable Damages Amount Limits in a Wrongful Death Lawsuit, Plus the Required Standards of Proof Plaintiffs Must Meet
There are some cases where the ability of a plaintiff to recover damages via the means of a lawsuit may be constrained due to limitations. There are other cases where plaintiffs are required to satisfy a higher standard of proof than might be required in traditional wrongful death lawsuits. Legislators, for example, have been convinced by effective lobbying that medical expenses were going through the roof because of excessive legal action. As a result, new medical malpractice legislation was enacted that placed limitations on the amount of damages that could be recovered in a medical wrongful death lawsuit. They also raised the standard of proof that plaintiffs had to meet in medical malpractice cases. This legislation served its intended purpose in that it reduced the amount of frivolous lawsuits, but it also had the unintended and unfortunate effect of making it far tougher for victims of legitimate medical malpractice to obtain the just restitution they have coming to them.

To make matters worse, a significant portion of any settlement that is reached merely reverts to the doctor to pay for outstanding medical expenses. Therefore, there are many lawyers who will refuse to take lawsuits involving medical malpractice cases.

There are similar problems that can occur in workplace-related wrongful death lawsuits because of workers’ compensation insurance laws. Many people believe that workers’ compensation laws were enacted in order to assist injured employees in recovering from their injuries. However, this is not the truth. Workers’ comp laws were designed to protect employers against litigation. If the employer of your deceased loved one purchased or subscribed to workers’ compensation insurance, the monetary compensation you will be able to secure will be far less than the harm that has been done to you and your family. That does not mean, however, that you cannot seek fair restitution from other parties. The Texas wrongful death attorneys with our Law Office are very familiar with the process of identifying responsible third parties who do not enjoy the protection afforded by workers’ compensation laws. As a result, we can go after them in order to try and obtain the fair compensation you deserve in the form of wrongful death damages. For example, let’s say a faulty piece of machinery resulted in the death of your family member. If this is the case, you can file a wrongful death lawsuit against the equipment manufacturer. Also, if your family member’s employer committed gross negligence that led to the fatal accident, you can still try and obtain damages against that employer even if the company was a workers’ comp subscriber at the time of the accident. If this is the case, there are no limits to the amount of monetary compensation you may be able to obtain. The catch is that the standard of proof in this instance is exceedingly high to meet, so you need an experienced attorney on your side.

As was previously mentioned, lawsuits involving wrongful deaths are significantly more intricate and complex than they may seem at first sight. That is not even taking into account the very formidable opposition you will encounter. You have very little chance of winning your case without having a seasoned and skilled Texas wrongful death lawyer on your side. You are allowed by law to represent yourself in your lawsuit, but if you choose to do so you are almost guaranteed to be disappointed. The best way to handle the complex nature of this litigation and to have the best chance of winning is to make sure you enlist the assistance of an experienced attorney. The Texas wrongful death attorneys at our Law Office will help protect you and your family’s legal rights and make those responsible for causing your tragic loss pay dearly for their negligence.

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Hurdles to Winning Your Case

When a wrongful death claim is filed, you need to know you will be dealing with seasoned defense lawyers and extremely skilled insurance adjusters. A wrongful death claim can be much more expensive than a personal injury claim, and multiple wrongful death and survival damages claims can cause the value of your suit to increase exponentially. Because there can be so much money at risk, the defendants and their representatives will spend whatever it takes in order to avoid losing the suit. The defense will hire high-powered attorneys and will bring in experts who can re-create accidents in order to prove they were not responsible for the death of your loved one. Insurance companies will spend incredible sums of money as well in order to keep from having to pay a wrongful death claim, so they will use their most aggressive and experienced adjusters in these kinds of cases. They have specialists on hand 24/7 who work to prove a fatality victim was responsible for his or her own death through his or her own negligence. There are many instances where a defense team was able to mobilize and build a case against a victim before the victim’s family even found a lawyer – and that’s especially the case if the deceased was an employee of a big corporation.

As much pain and suffering as you and your family are experiencing, you simply must begin taking action and start building the foundation for your litigation. It is imperative that a timely and thorough investigation commences in order for you to have the best chance possible at succeeding in your wrongful death case. When an accident takes place, the scene of the accident begins to undergo almost immediate change. This is especially the case when the accident scene is a highway or a construction site. Weather conditions can erase evidence and machinery can be moved. Other pieces of evidence can also quickly disappear. Surveillance video can be taped over and witnesses can either change their story or decide they no longer want to be involved. The faster you procure legal assistance, the sooner your lawyer can start gathering evidence. Our Texas wrongful death attorneys will immediately launch a detailed investigation as soon as a client hires us. We examine and sequester any equipment or vehicles that are involved in an accident, search for photographic or video evidence, find and interview witnesses, scour police reports, and collect forensic evidence. Through 20 years of handling wrongful death litigation, we’ve recognized the vital importance of an immediate and thorough investigation.

How the Attorneys with Our Law Office Can Help You
For two decades, the Texas wrongful death lawyers with our Law Office have assisted the family members of victims to obtain survival and wrongful death damages for the devastating losses they have experienced. This is obviously one of the most difficult periods of time you will ever encounter, and you are going through a very tough grieving process. The filing of a lawsuit is probably not at the top of your mind at this time, but it is incredibly important that you act as soon as you possibly can. We are here to ensure that the process of litigation does not become overwhelming to you.

Our Texas wrongful death attorneys can deal with all the circumstances of your case and help you recover monetarily so that you can concentrate on healing emotionally from the trauma that has affected you and your family. Our law firm has helped hundreds of families of Texans who were wrongfully killed obtain millions and millions of dollars and we have defeated every major insurance carrier in the country. Insurance companies are well aware of our reputation for success, and so will typically offer fair settlements to our clients rather than taking the chance at losing much more money in a court case. This helps family members of wrongfully killed loved ones get to the process of healing from their emotional trauma without having to experience the added stress of legal action. If you are considering hiring legal representation, or simply are looking for answers to the myriad questions you probably have surrounding the circumstances of your case, please call us for a confidential and free consultation so we can tell you how we can help you get the compensation you deserve.

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Why Bring a Texas Wrongful Death Claim?
There are two good reasons to sue when there are fatal auto accidents. First of all, it gives the possibility of surviving family members recovering monetary losses. Yes, it may seem strange because money may never replace the absence of a loved one or spouse, or save the anguish that follows fatal auto accidents. But you must understand that the losses resulting from fatal auto accidents are frequently monetary, too. Surviving victims face high health care expenses and repair fees after fatal auto accidents, as well as other losses. There is also the lost income of the victim. There are funeral fees that may be extremely expensive. There is even a loss of all future earnings. To cover the cost of these, there are the survival and wrongful death damages. Our firm will cover these, so you may understand why you should file legal action. Bringing a claim against the defendant may aid you with the monetary aspects of recovery. Getting paid by the party or parties liable go far to aid the family members of the victim get back on their feet and start getting better.

There is also the issue of the punishment of the liable party, to make sure that no one else gets injured as you and your family members have been. When you file legal action against the parties who were the cause of the fatal auto accidents, your loss is not suffered completely in vain. You punish the perpetrators of the accident. If you punish them through the courts, it lessens the likelihood they will make the same errors that might jeopardize other families in the future. You will protect other people from what you’ve suffered.

You Need a Fatal Auto Accidents Lawyer
Our Law Office has never seen a non-lawyer bring a wrongful death legal action with success. With so much money on the line, it is not a risk you can afford to take. Your own monetary well-being and your family members might be threatened if you don’t handle it properly. Our fatal auto accident lawyers will give you the experience and knowledge to properly and fully carry out your wrongful death legal action.

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There Are Several Factors Involved In A Wrongful Death Lawsuit

When several liable parties are involved, the damage may be assessed for each defendant, and there are legal options to follow against each defendant. Our fatal auto accident lawyers have 20 years of experience in the claims of wrongful death and our firm will make sure that those liable – which mean that all parties – are named and prosecuted, and then you may receive full compensation.

Naming the accused is not always easy in fatal auto accidents. It is because there are so many people on the road. One or more of such persons and entities may make errors that may lead to fatal auto accidents. First on the list are other drivers. Their actions are frequently the direct cause of fatal auto accidents. Sometimes the drivers are just careless or reckless in their behavior. They may drive too fast, run through red lights, ignoring traffic stops, disregard road conditions or take curves too fast. Then there are other drivers, pedestrians, and even third-party entities that may have been involved.

What You May Pursue in Compensation for A Wrongful Death
Under Texas wrongful death law, a civil legal action for negligence and wrongful death will usually contain two types of damages and the possibility of several different claims. The damages are damages for wrongful death or survival damages.

Survival damages, conversely, include all the damages the victim might have claimed for compensation if he had survived the accident. Basically, the plaintiff who is a survivor has the ability to pursue injury damages, standing up for the victim who died. In most claims, the applicant who is pursuing survival damages will also pursue damages for wrongful death. There may be only one survival damage claim for a wrongful death legal action since there is only one personal injury legal action to inherit, and that claim is typically inherited by the closest and most direct living relative (spouse, then child, then parent, then siblings). These sorts of damages are usually:

Mental and emotional damage that was caused by the incident
Any damage to property
Compensation for disfigurement or any other long-term injuries
Any health care expenses paid before the victim’s death
Absence of future earnings potential
Absence of wages from time spent in the hospital
Physical pain and anguish
Compensation for wrongful death includes all the pain and anguish (both monetary and emotional) that the plaintiff has suffered owing to the death of the victim. The spouses, children, parents, and some other beneficiaries may claim these sorts of damages. Any number of claims for damages may be applied for in a wrongful death legal action. These sorts of injuries frequently include:

Absence of monetary support provided by the victim before death
Compensation for the absence of companionship and consortium by reason of the death of the victim
Funeral expenses
Health care expenses
Compensation for psychological and emotional anguish that was caused by the absence of a loved one

You must understand that claims of wrongful death damages and survival damages claims are different and each must be sought through unique legal tactics. Also, each legal action of wrongful death is sought in a trial and must be treated individually because plaintiffs generally have basically little variance in the amounts of damages. These damages must be shown on an individual basis. Even before examining your legal opposition, the prosecution of such lawsuits is complex and technical. Most laymen simply do not have the experience and or knowledge of administrative procedures needed to file these sorts of lawsuits effectively. Our firm has seen countless tragedy stories about laymen filing their own legal action for wrongful death forgetting a minor detail, resulting in a court of law order to reduce damages or even cause the claim to be thrown out.

Do not allow it to happen to you. The Texas fatal auto accident attorneys in our Law Office have over twenty years of experience in Texas wrongful death law, and our firm will be sure to cover all the bases at your trial and not have any loopholes that allow a defense lawyer to get your claim thrown out. Our firm will aid you to obtain proper compensation for your family members. However, our firm will also do everything we can to force the defendants to reform their actions so that your loved one’s death was not in vain. Our firm hopes to make sure they avoid such fatal auto accidents in the future. It is a key part of the Texas wrongful death legal action, and our professionals do not allow it to go neglected.

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You File a Suit to Pursue Compensation and Justice

If you want to recover, you will have to fight for it by filing a claim. To do it correctly, you need a proven fatal auto accident lawyer. When you have lost a loved one due to a fatal auto accident, you have the right to claim compensation for two kinds of damages, known as survival damages and wrongful death damages. Wrongful death damages are for the losses of surviving members of the family members. Survival damages are those that have been incurred by the victim had they survived.

Survival damages, as we mentioned, include compensation for health care expenses incurred before the death of a loved one, the absence of wages of your loved one, any damages the loved one would have incurred if the injury would have been a long-word instead of fatal, and physical anguish and pain. Wrongful death damages include compensation for health care or funeral expenses, absence of the expected monetary support from a loved one, emotional or psychological pain as a result of the absence of your loved one, and absence of consortium and companionship.

No amount of money can replace the loved one that you lost. However, claiming compensation for your loss may help you recover and aid in providing for your family members. Some damages may be extremely subjective, such as putting a dollar amount on the absence of companionship or your loved one’s pain or anguish before they died. Also to the overall assessment of the total damages incurred in a fatal auto accident claim, there are other variables that have to be considered in making a claim.

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Why Bring a Texas Wrongful Death Claim?

There are two good reasons to sue after a fatal auto accident. First of all, it gives the possibility of surviving family members recovering monetary losses. Yes, it may seem strange because money will never replace the absence of a loved one or take away the anguish that follows fatal auto accidents. The losses resulting from fatal auto accidents always include monetary needs. Surviving victims face high medical expenses and repair bills after a fatal auto accident, as well as the lost income of the victim. There are funeral fees that may be extremely expensive. Survival and wrongful death damages cover these expenses. Filing a claim against the defendant may aid you with the monetary aspects of recovery. Getting a settlement will help the family members of the victim get back on their feet.

There is also the issue of the punishment of the liable party, to make sure that no one else gets injured as you and your family members have been. When you file legal action against the parties who were the cause of the fatal auto accident, your loss is not suffered completely in vain. You punish the person/s responsible for the accident. If your claim goes through the courts, the likelihood is that they will not make the same errors that might jeopardize other families in the future. You will protect other people from what you’ve suffered.

You Need a Fatal Auto Accident Lawyer
Our Law Office has never seen a non-lawyer win a wrongful death claim. With so much money on the line, it is not a risk you can afford to take. Your and your family members financial well-being will be threatened if you don’t handle it properly. Our fatal auto accident lawyers will give you the experience and knowledge to properly and fully carry out your wrongful death legal action.

There Are Several Factors Involved – Wrongful Death Lawsuit
When several liable parties are involved, the damage may be assessed for each defendant and there are legal options to follow against each defendant. Our fatal auto accident lawyers have 20 years of experience with wrongful death claims and our firm will make sure that all liable parties are are held responsible and that you receive full compensation.

Naming the accused is not always easy in fatal auto accidents. Their actions are the direct cause of fatal auto accidents. Sometimes the drivers are just careless in their behavior. They may drive too fast, run through red lights, ignore traffic stops, disregard road conditions, or take curves too fast. However, there may be other drivers, pedestrians, and even third-party entities that may have been involved.

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What Compensation You May Pursue For A Wrongful Death

Under Texas wrongful death law, a civil action for negligence and wrongful death will usually contain two types of damages and the possibility of several different claims. The damages are for wrongful death or survival damages.

Survival damages include all the damages the victim might have claimed for compensation had he survived the accident. The plaintiff
(the survivor) has the ability to pursue injury damages for the victim who died. In most claims, the applicant who is pursuing survival damages will also pursue damages for wrongful death. That claim is typically filed by the closest and most direct living relative (spouse, then child, then parent, then siblings). The usual damages:

Mental and emotional damage that was caused by the incident
Damage to property
Compensation for disfigurement or other long-term injuries
Health care expenses before the victim’s death
Absence of future earnings
Absence of wages from time spent in the hospital
Physical pain and anguish

Compensation for wrongful death includes all the pain and anguish (both monetary and emotional) that the plaintiff has suffered due to the death of the victim. The spouses, children, parents, and some other beneficiaries may claim these sorts of damages. Any number of claims for damages may be applied for in a wrongful death legal action. These sorts of injuries frequently include:

Absence of monetary support provided by the victim before death
Compensation for the absence of companionship and consortium as a result of the death of the victim
Funeral expenses
Health care expenses
Compensation for psychological and emotional anguish that was caused by the absence of a loved one

Claims of wrongful death damages and survival damages claims are different and each must be sought through unique legal tactics. Each legal action of wrongful death must be treated individually. Most laymen simply do not have the experience and or knowledge of legal procedures needed to file these lawsuits effectively. Our firm has seen countless tragic stories of laymen filing their own legal action for wrongful death forgetting a minor detail, resulting in reduced damages, or even cause the claim to be thrown out.

Do not allow this to happen to you. The Texas fatal auto accident attorneys in our Law Office have over twenty years of experience in Texas wrongful death law and our firm will be sure to cover all the bases and close any loopholes that allow a defense lawyer to get your claim thrown out. Our firm will help you obtain proper compensation for your family members. However, our firm will also do everything we can to force the defendants to reform their actions so that your loved one’s death was not in vain. Our firm hopes to make sure they don’t fatal auto accidents in the future. It is a key part of the Texas wrongful death legal action, and our professionals do not allow it to go neglected.

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You File a Suit to Pursue Compensation and Justice

If you want to recover, you will have to fight for it by filing a claim. To do it successfully, you need a proven fatal auto accident lawyer. When you have lost a loved one due to a fatal auto accident, you have the right to claim compensation for two kinds of damages, known as survival damages and wrongful death damages. Wrongful death damages are for the losses of surviving members of the family members. Survival damages are those that have been incurred by the victim had they survived.

Survival damages include compensation for health care expenses incurred before the death of a loved one, the absence of wages of your loved one, any damages the loved one would have incurred if the injury would have been a long-word instead of fatal, and physical anguish and pain. Wrongful death damages include compensation for health care expenses, funeral expenses, absence of the expected monetary support from a loved one, emotional or psychological pain as a result of the absence of your loved one, and absence of consortium and companionship.

No amount of money can replace the loved one that you lost. However, claiming compensation for your loss helps you recover and provide for your family members. Some damages may be extremely subjective, like putting a dollar amount on the absence of companionship or your loved one’s pain or anguish before they died. To the overall assessment of the damages incurred in a fatal auto accident claim, there are other variables that have to be considered in making a claim.

The Challenge: Self-Interested Insurance Firms
When you have lost a loved one due to the negligence of another driver, do not expect to be compensated for the absence by the insurance company unless you file a claim. Insurance policies dealing with fatalities are extremely expensive for insurers. The insurance company may lose a large sum of money, frequently millions of dollars, in the case of fatal auto accidents. They will work as hard as possible not lose a penny. They may spend much more money to defend against the payment of claims. When insurers funnel resources to defend themselves against the payment of the auto accident, they bring every asset they have to fight against you.

There are complex variables in fatal auto accident claims that don’t exist in normal auto accidents due to the potential for a large settlement. These complexities will prevent even the most sophisticated victims from successfully pursuing their own claims when wrongful death is involved. Their only concern is the bottom line. Insurance companies are in danger of losing much more money when they pay the full auto insurance policy requirement for a fatality. They want to deny your claim or provide as little money as possible in compensation.

In expensive fatal auto accident claims, insurance companies use their best insurance adjusters. The high-level experts who deal with claims for these more expensive fatal auto accidents are not the same insurance adjusters who deal with ordinary, non-fatal, and non-injury motor vehicle accidents. Only the highly skilled work these claims. They gained their current positions by developing a reputation for being tough on victims of fatal auto accidents. They will no doubt be tough on your claim.

The insurance companies begin to construct a claim against you – the victim’s surviving family members – even before you decide to file a claim against them. They specialize in insurance law and understand gaps in the law that can be used to deny the claims of victims who do not understand the law as they do. You also have to be wary of the tactics that insurance adjusters may use to justify the refusal of your claim, especially fatal auto accidents. They may lead you to say something that can be twisted to say your loved one was at fault. Expect your words spoken to them to be recorded and might return to haunt you. There is only one right way to deal with insurance adjusters, and it is not to deal with them all. Instead, our team of lawyers will take their calls. At our Law Office, our firm does not allow insurance adjusters to speak to our clients at all. It’s best for you that our firm handles them.

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Seeking Justice After a Fatal Car Accident: Why You Need a Lawyer
The sudden loss of a loved one in a car accident is devastating. While no amount of money can replace your loved one, you have the right to seek compensation for your loss. This article outlines the complexities of wrongful death claims and why a proven fatal auto accident lawyer is crucial during this difficult time.

Types of Damages:

Survival Damages: These cover expenses incurred before your loved one’s death, such as medical bills and lost wages.
Wrongful Death Damages: These compensate surviving family members for losses like funeral expenses, lost financial support, and emotional pain.
Challenges of Wrongful Death Claims:

Insurance Company Tactics: Insurance companies aim to minimize payouts. They may employ skilled adjusters who use aggressive tactics to deny or reduce your claim.
Complexities in Law: These claims involve intricate legal issues beyond the scope of most individuals.
Why You Need a Lawyer:

Experienced Navigation: A lawyer understands the legal nuances and can negotiate aggressively on your behalf.
Gathering Evidence: Building a strong case requires meticulous evidence collection, which a lawyer can manage effectively.
Protection from Insurance Tactics: Your lawyer can shield you from manipulative tactics and ensure your rights are protected.
Our Commitment:

We understand your grief and are dedicated to obtaining the compensation you deserve. We handle all communication with insurance companies, allowing you to focus on healing.

Don’t navigate this alone. Contact our firm today for a free consultation.

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Unfair Settlements

In some claims, insurance adjusters try to convince you to sign a document to free them in exchange for a settlement. Such a settlement, when not solicited or reviewed by your lawyer, will probably be extremely low compared to what a fatal auto accidents claim is really worth. It is never in your best interest to sign any document without having a legal adviser review it. You don’t want to deal at all with high-powered insurance adjusters and agents without a lawyer to inspect everything they bring forward.

A proper and honest settlement offer may benefit victims’ families just as a low-ball settlement may definitely take away your legal rights to claim compensation. That is the reason a qualified and proven lawyer needs to handle your claim and review anything they put in front of you. Their settlement offer will require you to give up your ability to sue in the future. The other side understands you’re in a bad economic situation. Frequently, before you have a lawyer, they hope that you will be willing to accept a fast and easy cash offer – telling you that if you don’t accept it, it might literally be years before you get any compensation, or that this is the best that you may hope to get for the fatal auto accident. A proven fatal auto accident lawyer will tell you how much your claim is worth and they will help you assess whether or not the defendant’s offer is reasonable. Be sure to speak to a lawyer before giving away your legal and civil rights.

Seeking Fair Compensation
In a settlement, the plaintiff and the defendant go through negotiations to reach an agreement without the aid of a judge or jurors or the expense, time, and cost of a trial. When you accept a settlement offer, you may get your money much faster than you would if you had gone to trial. It is a good way to avoid the uncertainty that is always there when your fate is put in the hands of a panel of jurors who are selected at random. There is a problem in obtaining a good settlement offer from a defendant. It is not easy and it requires the assistance of a proven fatal auto accident lawyer to negotiate on your behalf.

Defendants do not want to pay you unless they understand you have a claim that will cost them more if they go to court and lose before a judge and jurors. Besides what they pay, there are lawyer expenses and other charges on top of your compensation. So that’s why they are willing to settle out of court.

You may not be able to reach a settlement and you may have to take your claim to court to win it. The plaintiff has the burden to show that the defendant or defendants should be liable for their damages and they have a specific list of four parts to show to the jurors. It is a heavy burden and you do not want to represent yourself. It is particularly true in claims as complex as fatal auto accident litigation.

You will need a solid trial strategy and organization of the physical evidence presented in a way that convinces the jurors and a judge. You also need a proven fatal auto accident lawyer to counter the tactics used by the defense. Your legal representative must demonstrate to the satisfaction of the jurors four essential parts of the law, duty, breach, causation, and damages. Demonstrating the first one – duty – means to show that the defendant in the accident had some kind of obligation to act in a way that would not hurt others. It is the easiest of the four parts to show because in most claims it is not difficult to show that defendants in cases of fatal auto accidents have a duty to drive in a safe manner.

When your lawyer has proven that the defendant has a duty of care, our firm must then show that the defendant’s conduct breached that duty of care in the accident. There is a lot of physical evidence and records that come into play when there’s a fatal auto accident and several parties might have been involved. It has to be proven that the defendant was careless in some way in breaching his duty. It is a key factor when trying to show to the jurors the liability of the defendant you name. Defendant’s breach of the duty of care means that he did something that a reasonable party would not do (or would not fail to do) to make sure that others on the road don’t get harmed.

Then our firm has to show causation. Several parties might have played a part in the fatal auto accidents – other drivers, pedestrians, etc. They may have been involved before or at the scene of the accident. Sometimes, defendants blame others or your loved one. If you do not have enough physical evidence to show that it was the defendant specifically named in your legal action, you may not win your claim.

At the end of the trial, you must show your damages. It’s not just the death of your loved one when our firm says “damages.” The word “damages” means money that the defendant pays you if you win your claim before the jurors and the judge. You may be entitled to damages for pain and anguish, health care fees, repair expenses, your loss of support through the absence of wages, the absence of future earnings, and all our firm discussed when our firm mentioned survivor and wrongful death damages.

It would not be sufficient to simply request your damages. You’ll have to show that you deserve that which you seek. It involves figuring the sum of your losses and putting a price on them. It means that you should have documentation of your damages in court to support your calculations. In most cases of fatal auto accidents, the amount of damages is an extremely touchy subject and it is subject to much argument.

The fair, proper and provable calculation of damages is not an easy task for laymen and unseasoned lawyers. It takes experience to calculate things like intangible losses such as your own emotional damage, mental anguish, absence of consortium, and your own ongoing health care expenses if you were injured in the auto accident that killed your loved one. Also, the calculation of the absence of future earning capacity is not as simple as picking up the latest accident annual salary of the victim and multiplying it by their remaining years of working life. Calculation of absence of earning capacity may be another obstacle for a novice. Damages for the absence of earning capacity are designed to compensate the plaintiff for the salary that the victim will not be able to earn in the future.

The fatal auto accident lawyers at our Law Office understand how to account for all losses and calculate the damages properly to enhance your potential compensation. Our firm also understands the type of physical evidence needed to show the defendant’s financial liability before a judge and jurors.

Our Law Office will make sure that your claim is solid and backed with both physical evidence and a compelling legal strategy. Our law firm has won positive, generous settlements and judgments in fatal fatal auto accidents for more than 20 years. Insurance firms, trucking companies, and others understand our reputation and frequently prefer to settle with our clients than to meet one of our fatal auto accident lawyers in the courtroom.

Contact Our Wrongful Death Law Firm
You have suffered one of the most horrific things in life – the loss of a loved one, be it a spouse, a child, a parent, or a sibling. You have been injured emotionally. You think in your heart that you have suffered an injustice. The fatal auto accident lawyers at our Law Office are here for you. Our firm has the dedication to make sure our clients get justice and proper compensation for their tragedy.

Our firm identifies all guilty parties and our firm builds a claim against them for the fatal auto accident that brought you to our site. Our firm puts pressure on defendants to provide an equitable solution for our clients. Our firm is developing winning strategies to fight vigorously in the courts if needed. Our firm will be there for you. Contact our Law Office. Our firm gives you a free consultation and explains all your options. Our firm is available anytime. The sooner you contact the stronger your claim will be later.

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What Are the Options for Damages?
When we refer to damages, we are referring to the ultimately quantifiable list of financial and emotional losses. This becomes more complicated than you would think, but in the majority of fatal sem- truck accident claims, there are two possible sets of damages the victim’s family can claim. These are damages for wrongful death and survival damages. When we are talking about wrongful death damages, we are talking about the damages resulting from the suffering that the family and the loved ones have incurred following the death of a family member and the additional losses that come if that person was a wage earner. When we talk about survival damages we are referring to the emotional and financial losses that come after losing a family member, the hospital bills, the wages lost, etc.

Wrongful Death Damages
The damages for wrongful death could include the compensation for any medical expenses suffered by the victim while they were in the hospital and the funeral expenses resulting from the accident. These are fairly black and white. They will be clearly marked on bills and can be easily presented to a jury. Wrongful death damages also include the loss of the financial support of the deceased as proved by his or her prior support to the loved ones. In cases where the primary wage-earner was the victim of the accident, the losses are particularly acute, seeing as how not only was all of that income lost, but also some current member of the family will have to find a better job, possibly undertake expensive training, and so forth. The severe emotional trauma and the mental strain caused by the loss of a loved one as well as the loss of an irreplaceable member of a family are two damages covered under wrongful death damages. They are more likely to be contested by the defense, who could claim that because these are intangible, they are not so easily quantifiable.

Survival Damages
The survival damages include the compensation for any lingering medical bills from the victim’s time in the hospital following the tragedy, as well as the money actually lost by the victim from their lack of work, as well as the lack of work for the family members who might have taken time off to be with the victim, all of this being due to the fatal accident. Survival damages also include some damages for emotional turmoil following the accident, as well as any physical pain and suffering undergone by the family as a result of the accident.

We understand that talk of compensation and restitution can be unsettling since no sum of money can give you back your deceased loved one or even begin to fully compensate you for the extremity of the loss you have suffered. At the same time, we also know that the period following a fatal semi-truck accident can be fraught with severe financial losses that come from the hospital bills, the funeral bills, the loss of wages, the loss of property, and the loss of future opportunity, as well as many other losses. The compensation is an important part of the process since it will help to provide financial security following the accident. It also has the additional and added purpose of holding certain parties accountable for their negligence. Here at our Law Office, we understand that this next step is important for the family and we know how to assist you so that you receive the most possible compensation you deserve for your loss. We will also fight to see that the responsible parties are held accountable for their actions.

Because so many of the damages include less tangible losses that come from emotional suffering and trauma and are therefore extremely subjective, it is vital that you retain the services of a wrongful death lawyer who has a great deal of experience and competence when it comes to accurately and adequately calculating the full range of total losses and damages resulting from the fatal semi-truck accident. The attorneys at our Law Office understand the process for building a complete and comprehensive fatal semi-truck accident wrongful death lawsuit that carefully separates and quantifies both wrongful death damages and survival damages. An issue that creates even more confusion in fatal eighteen-wheeler accidents is that there is often more than one liable party whose negligence could have contributed to the fatal accident. If you want to find all of the responsible parties and hold them justly accountable for their actions, then you need an experienced wrongful death attorney who knows all of the different strategies necessary to bringing a suit against multiple defendants and claiming damages from all of them. Just coming up with the list of damages is complicated enough as it is, but you will also need a competent and experienced lawyer who can either pursue the case in a court trial or force the insurance company to come to an equitable and just settlement.

Our Law Office has twenty years of experience in litigating cases like this and we understand the strategies necessary for building comprehensive and strong lawsuits to bring against all of the liable and responsible parties involved and then following through with a strong case for just compensation that the liable parties must pay our clients. Our fatal semi-truck accident lawyers understand what it takes to build and litigate a strong case that will see our clients to their goal of achieving just compensation for the terrible loss they have incurred as a result of the negligent actions that caused a fatal semi-truck accident.

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Why You Need a Lawyer

The availability of internet resources on law and certain legal situations might convince some non-legal experts to attempt to represent themselves in a situation where there has been a wrongful death resulting from a semi-truck accident. Remember that a successful case involves far more components than just a simple knowledge of the legal process and the law. You deserve to have an experienced attorney who knows all the complexities of the process and will be able to foresee any attempts made by the defense to have the case thrown out or to show that the victim was the liable party. You deserve a competent lawyer who knows how to account for damages and can build a strong case based on the evidence at hand as well as witness testimony. When non-legal people try to represent themselves, they generally end up destroying their own cases simply because they don’t have the experience necessary and the defense lawyers eat them alive. People think that because a case looks obvious that an insurance company will automatically settle because they don’t want to look bad in court, but the truth is that insurance company lawyers are a lot better at what they do than an untrained non-lawyer who attempts to represent himself or herself. The company will know that and work very hard to discredit that individual.

Let Us Help
The fatal semi-truck accident attorneys at our Law Office understand how to build a strong case for the protection of your right to just compensation for the loss you have experienced due to the death of your loved one. After 20 years of successfully litigating cases like this, we have dealt with most of the major insurance companies in the United States and they recognize our name and our reputation for success. If you have lost a loved one to a fatal semi-truck accident anywhere in the state of Texas, don’t hesitate to contact us. We understand how to deal with trucking companies and insurance adjusters, and we know how to build a strong case that will defend your right to just compensation for your losses. Since our success rate is so high, the insurance companies will often choose to settle out of court at an agreeable rate so as not to incur the extra expense of going to court against us and losing both the settlement and the court fees. Our goal is to do what is the best for our clients and we will work tirelessly to see that you receive the closure and compensation that you deserve for your losses. If you have any questions, then don’t hesitate to call us for a free consultation.

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