Grieving familyFew things in life are as difficult as losing a family member to the negligence of another. When such a situation occurs it can leave family members, friends, and loved one’s distraught for a prolonged period of time. While financial compensation cannot make up for what one has lost, the fact of the matter is that a wrongful death can place an extreme financial hardship on the surviving family members. Immediately retaining an attorney to assist with the matter is an important step in protecting your interests. If you or a family member are in need of assistance then contact my Laredo office today to speak with a personal injury lawyer. We also serve other south Texas areas.

There are a number of situations which can result in the wrongful death of a person. Such situations can include car accidents, trucking accidents, injuries on an oil field, defects in a product, and more. The passing of the victim does not have to be immediate for it to be considered the fault of the defendant(s). If an injury results in a medical condition which, itself, leads to the death of the victim then the negligent party may be responsible for the problem. An example of this would be an individual who, unfortunately, passes away from organ failure due to an organ injury sustained in an earlier accident. Who may, or may not, be liable in any given situation will always depend on the specific facts of the case.

When an individual has passed away due to negligence the family members may bring what is known as a “survivor’s action.” This allows them to seek compensation in the form of the deceased’s lost wages and medical expenses. These amounts will include wages and expenses from the time of the injury to the time of death as well as wages which the deceased would have been paid for the remainder of their lifetime. The damages can also include compensation for pain and suffering which the deceased endured. Moreover, the surviving family members may seek compensation for their own emotional pain and suffering, the loss of companionship, as well as expenses they have had to incur due to the situation.

The damages in a wrongful death case are often highly disputed. The defendant(s) will often claim that the deceased person would have earned less than what the plaintiff(s) are claiming. Whether pre-existing medical issues contributed to the victim’s passing away is also another common area of dispute. Prevailing on these issues will often require the plaintiff(s) to utilize expert witnesses. Such experts often include medical doctors, vocational specialists, and economists. The costs of these experts are typically paid in advance by the plaintiff’s attorney. Dealing with experts at trial requires an understanding of the rules of evidence. Also, it is important to present expert testimony to the jury in a way that is easy for the juror’s to digest.

If you have lost a loved one then it is important that you retain an experienced attorney to assist you. Wrongful death cases typically involve complex issues of law and fact. Furthermore, it is common for such cases to last multiple years before reaching a resolution. Having counsel who is familiar with this process, and who has the resources necessary to see the case through to completion, can impact whether damages are recovered. I am a Laredo personal injury lawyer who believes in standing up for the rights of victims. If you are in need of assistance then contact my office today to schedule an initial consultation. We also serve other parts of south Texas.