The death of a loved one is devastating, but even more so when their death was caused by the carelessness or wrongful act of another.

Wrongful Death Attorneys: Advocates for Your Loved Ones

Wrongful death cases are deeply tragic and emotionally challenging. Losing a loved one due to the negligence or wrongful actions of another can leave families devastated and seeking justice. In these difficult times, the role of wrongful death attorneys becomes crucial.

When you are dealing with the death of a family member, you are grieving and distracted — you need help to know what to do.

We are here for you with years of experience in seeking justice in wrongful death cases. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially by their loved one’s death. We will bring suit to recover damages for the injuries that you have suffered due to the death of the victim.  At Hilliard Law, we are dedicated to ensuring that the responsible parties are held accountable for their actions, providing a sense of closure for the grieving family.

By entrusting the legal matters to the professionals, you can focus on healing and coping with your loss.

While the emotional toll of such a loss is immeasurable, financial compensation can provide some measure of comfort and support during this difficult time.

The most common types of wrongful death lawsuits are for the following:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Medical Malpractice
• Defective Products
• Workplace accidents

Texas wrongful death attorneys at Hilliard Law have extensive experience with these wrongful death cases. Our wrongful death attorneys understand the unique challenges faced by families dealing with the aftermath of a wrongful death. We recognize the financial hardships that arise from medical expenses, funeral costs, lost income, and the emotional suffering endured by the surviving family members. With our experience, our attorneys work diligently to maximize the compensation that the family receives.

Our team will carefully assess various factors to determine the value of the claim. They consider not only the immediate expenses but also the long-term impact on the family’s financial stability. By taking into account all relevant aspects, such as the deceased’s earning potential, future medical needs, and the emotional impact on the family and the surviving spouse, our attorneys ensure that the compensation sought is fair and just.

As your legal representation, our wrongful death attorneys will negotiate with insurance companies and other parties involved. These negotiations aim to secure a settlement that adequately covers the financial losses suffered by the family. With their experience and knowledge of the legal system, our attorneys effectively advocate for family’s rights and ensure that their interests are protected throughout the legal process.

If your family has suffered the wrongful death of a loved one, please call us at 361-203-4394 for a free consultation.

Is Justice Possible in Wrongful Death Cases?

The attainability of justice in wrongful death cases can be a complex and nuanced issue. Wrongful death cases involve a situation where someone has died due to the negligence, recklessness, or intentional actions of another party. The pursuit of justice in these cases typically involves seeking compensation for the surviving family members and holding the responsible party accountable for their actions.

Here are some factors to consider regarding the attainability of justice in wrongful death cases:

• Legal System: The ability to attain justice in wrongful death cases largely depends on the legal system in place. Different countries and states have varying laws and regulations governing wrongful death claims, which can affect the outcome.
• Burden of Proof: In many jurisdictions, the burden of proof in wrongful death cases is on the plaintiff (the surviving family members). They must demonstrate that the defendant’s actions directly caused the death and that the defendant was negligent or intentionally harmful.
• Compensation: One aspect of justice in wrongful death cases involves compensation to cover economic losses such as medical expenses, funeral costs, and lost income. However, the adequacy of compensation can vary widely based on factors like insurance coverage, the defendant’s assets, and the judgment awarded by the court.
• Accountability: Justice in wrongful death cases often involves holding the responsible party accountable for their actions. This may include public awareness of their wrongdoing, reputational damage, and in some cases, punitive damages to deter similar behavior in the future.
• Legal Representation: The quality of legal representation on both sides can significantly impact the pursuit of justice. Skilled attorneys can help ensure that the case is properly investigated, evidence is presented effectively, and the legal process is followed correctly.
• Emotional Closure: For surviving family members, justice may also involve emotional closure, knowing that the responsible party has been held accountable and that steps have been taken to prevent similar incidents from occurring in the future.

It’s important to note that while the legal system aims to provide a framework for justice in wrongful death cases, achieving a sense of closure and justice can vary from case to case. Some cases may result in settlements, while others may go to trial. The outcome can be influenced by many factors, including the strength of the evidence, the competence of legal representation, and the willingness of the parties involved to negotiate or litigate.

The Importance of Holding Those Accountable

One of the most crucial aspects of a wrongful death claim is holding the responsible parties accountable for their actions. Whether it was a car accident with a negligent driver, a healthcare professional who failed to provide adequate care or a manufacturer who produced a defective product, it is essential to ensure that they are held responsible for the harm they caused.

​​Holding those accountable in wrongful death cases is crucial for justice, deterrence, and societal protection. It ensures that responsible parties face consequences for their actions and acts as a deterrent to prevent similar wrongdoings in the future. Accountability provides closure for grieving families and eases their financial burden through compensation. It also promotes transparency, accountability, and the establishment of legal precedents within the legal system. Ultimately, it upholds the public’s trust in the legal system and helps protect society from dangerous behaviors and systemic issues while promoting fairness and justice for those affected by wrongful deaths.

How Do You Prove Wrongful Death?

Proving wrongful death typically involves establishing several key elements through evidence and legal arguments. While the exact requirements may vary by jurisdiction, here are the general steps and considerations involved in proving wrongful death:

• Duty of Care: Establish that the defendant owed a duty of care to the deceased person. This means showing that the defendant had a legal obligation to act reasonably or provide a certain standard of care to prevent harm to the deceased.
• Breach of Duty: Demonstrate that the defendant breached their duty of care. This involves showing that the defendant’s actions or negligence fell below the expected standard of care, leading to harm or death.
• Causation: Prove that the defendant’s breach of duty was the proximate cause of the wrongful death. In other words, establish a direct link between the defendant’s actions (or inaction) and the death.
• Damages: Document the damages suffered as a result of the wrongful death. This may include medical bills, funeral expenses, lost income, and the pain and suffering of the deceased before their death.
• Negligence or Wrongful Act: Show that the death resulted from negligence, recklessness, intentional harm, or a wrongful act committed by the defendant. This element helps distinguish wrongful death from natural causes.
• Expert Testimony: In many cases, expert witnesses, such as medical professionals or accident reconstruction experts, may be called upon to provide testimony that supports the plaintiff’s claims regarding causation and damages.
• Eyewitnesses and Documentation: Gather eyewitness accounts, documents, photographs, videos, and other evidence that can corroborate the circumstances surrounding the death and the defendant’s actions or negligence.
• Legal Representation: Hire a skilled attorney experienced in wrongful death cases. Legal professionals can guide you through the legal process, collect evidence, and build a strong case on your behalf.
• Statute of Limitations: Be aware of the statute of limitations for wrongful death claims in your jurisdiction. Filing within the specified timeframe is crucial to pursuing a case.
• Burden of Proof: Understand that the burden of proof typically rests on the plaintiff (the party bringing the lawsuit). You must convince the court, often by a preponderance of the evidence, that the wrongful death occurred as a result of the defendant’s actions or negligence.

At Hilliard Law Firm, we understand the complexities and emotional challenges involved in wrongful death cases. Pursuing a wrongful death claim can be difficult, and the legal process can be intricate. An experienced attorney can help you navigate this challenging journey, guiding you through the legal requirements and nuances to establish your case and seek justice for your loved one.

Losing a family member is a devastating experience, and we are here to assist you in seeking justice on behalf of the deceased and their surviving family members.

Proving Liability in Wrongful Death Cases

Proving liability in wrongful death cases is a complex process that requires a thorough investigation and careful presentation of evidence. Establishing liability is central to a successful wrongful death lawsuit. Wrongful death attorneys understand the burden of proof required to hold the responsible parties accountable.

Attorneys start by gathering all available evidence related to the death. This may include police reports, medical records, witness statements, and any other relevant documentation. They then carefully analyze this evidence, looking for any signs of negligence or wrongdoing.

In addition to gathering evidence, attorneys also interview witnesses to get a clearer picture of what happened leading up to the death. They may consult with professionals in various fields, such as accident reconstruction professionals or medical professionals, to help establish a clear link between the defendant’s actions and the death.

Once all the evidence has been collected and analyzed, attorneys use their skills to present a compelling case in court. They craft persuasive arguments, cross-examine witnesses, and present evidence in a way that supports their client’s claim of liability.

Proving liability in a wrongful death case can be a challenging task, but with the help of a skilled attorney, the chances of success are greatly increased. Through their experience in gathering and analyzing evidence, wrongful death attorneys can construct a compelling narrative that supports the family’s claim and establishes the negligence or wrongful actions of the responsible party.

Damages in Wrongful Death Cases

Damages in wrongful death cases are for losses you suffer as a survivor of the deceased. Some losses are measurable — a widow could seek to recover the financial support she would have received had her spouse lived. Other damages are less tangible. 

Recoverable damages can include:

• Direct expenses: medical bills and funeral costs
• Loss of benefits: income the person could have received in pension/retirement benefits had he or she lived
• Loss of future earnings: income the deceased would have earned if he or she had lived
• Loss of companionship: the emotional support (love, care, comfort, protection, etc.) that the deceased would have provided to a relationship and the mental pain and suffering resulting from the person’s death
• Punitive damages: the amount the party responsible for the death should pay as punishment

Calculating the monetary value of damages is an extremely complex undertaking, best entrusted to a legal team with many years of experience trying wrongful death cases. Hilliard Law can provide that team.

The Process of Filing a Wrongful Death Claim

Initiating a wrongful death lawsuit involves navigating a complex legal process, which must be done within a certain timeframe. Each jurisdiction has specific laws regarding the statute of limitations for wrongful death cases, meaning there is a limited window of opportunity to file a wrongful death claim. It is crucial to consult with a wrongful death attorney as soon as possible to ensure that you meet all the legal requirements and deadlines.

A skilled attorney will guide the family through the entire process, providing invaluable support and representation. They will take care of all the necessary paperwork, ensuring that all documents are properly prepared and filed within the specified timeframes. By relying on their knowledge, the family can navigate the legal system efficiently and effectively.

Throughout the legal proceedings, the attorney will represent the family’s interests in court. They will present the evidence, argue the case, and advocate for the compensation the family deserves. With their experience and knowledge of the legal system, they can navigate any challenges that may arise and work towards a favorable outcome for the family.

Choosing the right wrongful death attorney is crucial in maximizing the compensation and achieving justice for the loss of a loved one. With their knowledge, resources, and dedication, these attorneys provide the necessary support and guidance to help families navigate the complexities of a wrongful death lawsuit.

In all matters involving wrongful death, it is essential that we move promptly to preserve evidence, investigate the accident and file the lawsuit before the Statute of Limitations deadline. Please don’t delay contacting us.

Steps Involved In A Wrongful Death Case

Filing a wrongful death claim can be a complex process. Here are the general steps to take when pursuing a wrongful death claim:

1. Consult with an Attorney: Seek the advice of an experienced wrongful death attorney. They can evaluate your case, explain your rights, and guide you through the legal process.
2. Gather Information: Collect all relevant documents and information related to the wrongful death. This includes medical records, accident reports, witness statements, and any correspondence with insurance companies or the responsible party.
3. Identify the Responsible Party: Determine who is legally liable for the wrongful death. This may be an individual, a corporation, a healthcare provider, or another entity.
4. Establish Liability: Work with your attorney to establish liability by demonstrating that the responsible party’s negligence, recklessness, or intentional actions directly caused the death.
5. Determine Damages: Calculate the economic and non-economic damages resulting from the wrongful death. This may include medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship.
6. File a Complaint: Your attorney will draft and file a complaint or a petition with the appropriate court, outlining the details of the wrongful death claim and the damages sought.
7. Serve Legal Notice: Serve legal notice to the defendant, officially informing them of the lawsuit. The defendant will have a specified time to respond to the lawsuit.
8. Discovery Phase: Both sides will engage in the discovery process, which involves gathering evidence, conducting depositions, and exchanging information related to the case.
9. Negotiation or Mediation: Parties may engage in negotiations or mediation to attempt to reach a settlement before going to trial. Your attorney will advocate for your interests during this process.
10. Pre-Trial Motions: Your attorney may file pre-trial motions to address legal issues or request specific actions from the court.
11. Trial: If a settlement cannot be reached, the case will proceed to trial. Your attorney will present evidence and arguments to the court, and a judge or jury will make a determination.
12. Verdict and Judgment: If you win the case, the court will issue a verdict, and a judgment will be entered against the defendant. This judgment outlines the damages awarded.
13. Appeals: The defendant may choose to appeal the verdict. If that happens, the case may be reviewed by a higher court.
14. Enforcement of Judgment: If the judgment is upheld or not appealed, your attorney will work to enforce the judgment and collect the awarded damages.
15. Distribution of Compensation: Once damages are collected, your attorney will distribute the compensation to the beneficiaries or surviving family members, as specified by the court.

How Hilliard Law Can Help- Advocates for Your Loved Ones

At Hilliard Law, our wrongful death attorneys are not just legal professionals; we are compassionate advocates for your loved ones during one of the most painful experiences life can bring. We deeply understand the profound emotional and psychological toll that the loss of a family member takes on those left behind. Our commitment is not only to provide legal support but also to offer a caring presence and a source of strength during this challenging time.

Our approach is centered on you and your family. We listen attentively to your concerns, patiently answer your questions, and provide unwavering reassurance throughout every step of the legal process. We understand that your loved one’s memory deserves to be honored, and their voice deserves to be heard. We take this responsibility seriously and work tirelessly to seek justice on their behalf.

In cases involving wrongful death, time is of the essence. We move swiftly to preserve crucial evidence, thoroughly investigate the circumstances surrounding the accident or incident, and ensure that a wrongful death action is filed within the Statute of Limitations deadline. We are committed to leaving no stone unturned in our pursuit of justice for your family.

If your family has tragically suffered the wrongful death of a loved one, please do not hesitate to reach out to us. We offer a free consultation to discuss your case and assess its merits. Importantly, our legal services are provided on a Contingent Fee basis, which means that you won’t incur any legal fees unless we successfully win your case. We are here to support you, advocate for your loved one, and work tirelessly to secure the justice and compensation your family deserves. Contact us at 361-203-4394.

FAQs

How Can You Calculate Wrongful Death Damages?

Calculating wrongful death damages is a complex process that involves considering both economic and non-economic factors. Wrongful death attorneys understand the importance of accurately valuing the losses suffered by the deceased’s loved ones.

What Are The Kinds of Wrongful Death Damages?

Damages in wrongful death cases are for losses you suffer as a survivor of the deceased. Some losses are measurable — a widow could seek to recover the financial support she would have received had her spouse lived. Other damages are less tangible. Recoverable damages can include:

• Direct expenses: medical bills and funeral costs
• Loss of benefits: income the person could have received in pension/retirement benefits had he or she lived
• Loss of future earnings: income the deceased would have earned if he or she had lived
• Loss of companionship: the emotional support (love, care, comfort, protection, etc.) that the deceased would have provided to a relationship and the mental pain and suffering resulting from the person’s death
• Punitive damages: the amount the party responsible for the death should pay as punishment

Calculating the monetary value of damages is an extremely complex undertaking, best entrusted to a legal team with many years of experience trying wrongful death cases. Hilliard Law can provide that team.

What is the difference between Economic and Non-economic Damages?

Economic damages in a wrongful death case include medical expenses, funeral costs, lost financial support, and other monetary losses. These damages are relatively straightforward to calculate, as they involve adding up the actual expenses incurred as a result of the death.

Non-economic damages, on the other hand, are more subjective and can be more challenging to quantify. These damages include emotional pain, suffering, and loss of companionship. Attorneys work diligently to ensure that all relevant damages are considered when evaluating the claim’s value.

Wrongful death attorneys consult with professionals and use their experience to determine a fair and reasonable compensation amount. By considering the full extent of the losses suffered, they can seek maximum compensation on behalf of their clients.

What Forms of Compensation am I Entitled to in a Wrongful Death Case?

When pursuing a wrongful death case, it’s important to understand the various forms of compensation you may be entitled to. The specific types of compensation available will depend on the circumstances of the death and the applicable laws in your jurisdiction.

Some common forms of compensation in wrongful death cases include medical expenses, funeral expenses, loss of future income, loss of benefits, pain and suffering, and loss of companionship. Wrongful death attorneys help clients understand their rights and entitlements.

Attorneys ensure that all potential forms of compensation are considered and included in the legal claim. By seeking the full extent of compensation, they help alleviate the financial burdens caused by the loss and provide a measure of justice for the loved ones  of the deceased.

Wrongful death attorneys play a vital role in seeking justice, holding accountable those responsible, and maximizing compensation for grieving families. They provide the knowledge and support needed during an emotionally challenging time. By understanding the role of these attorneys and the legal process involved, you can navigate the complexities of a wrongful death case with confidence.

CONTACT OUR WRONGFUL DEATH ATTORNEYS TODAY

If your family has suffered the wrongful death of a loved one, please call us at 1-800-334-3298 or fill out our contact form for a free consultation. If we take your case, we will work on a Contingent Fee basis, which means you don’t pay us unless we win.