Important Steps to Take While Filing a Wrongful Death Claim

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Filing a Wrongful Death Claim

Wrongful death is a result of the carelessness of someone else. These accidents may be common but have a lasting impact on the family members and loved ones of the dead people. Even if, they file and get the compensation, no one can replace them. In many cases, family members file the wrongful death compensation because the dead person was the only breadwinner in the family. It is suggested to get in touch with a Houston wrongful death attorney so that the right steps can be taken at the right time.

What to do at the time of filing the wrongful death claim?

First, you will need to have a good attorney on your side because you may not know the complexity of the case. Below mentioned are a few steps, your attorney will suggest to you:

Preparing the case

He will discuss with you about will, estate, and other assets of the deceased person. All of these may need to be transferred as per the will. Moreover, he will investigate the case by looking at the facts and establishing the liability, which is the most important element in the claim. He will also notify the people involved in the accident. 

Settlement and negotiation

In such cases, not every party is willing to settle the amount outside the case. Family members may want to get the verdict of the case because they have lost someone close to them. However, if any party is willing to settle the amount in such a manner, an attorney should be involved. He can negotiate compensation based on the losses and the future of the family. 

Filing the lawsuit

In case, the family does not wish to settle the matter out of court, a lawyer will decide to file a lawsuit along with all proof of the accident and death. He will present the case in front of the judge and jury. All the defendants will be served the notice or the summons.

Litigation in court

After the case has successfully been filed, the attorney will take care of several phases of the case such as discovery, interrogation, documentation, and cross-examination. During the case, parties may also negotiate before the case goes to trial. Your attorney has an important role to play during all these phases.

After the trial is completed, the judge may give the verdict of the case and award the amount to the dead person’s family.

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