The untimely death of a loved one can be devastating for a family. When a fatal accident occurs due to the reckless and negligent actions of another, the responsible party could be held liable in court. It is best to seek help from an attorney to learn about filing a wrongful death action in Arlington.
A seasoned wrongful death lawyer could investigate the accident and help your family through every step of the legal process.
Length Of Wrongful Death Action
The filing process is similar to other injury claims. The difference is that the stakes are generally higher because the injured party passed away. The attorney is going to seek maximum compensation because it is difficult to put a value on human lives.
Generally, wrongful death complaints are filed in district court in Texas. Occasionally, they might be filed in federal court. After the claim is filed, the defendant will be served with a copy of the petition, and they will need to make a response within 21 days.
For a free legal consultation, call (817) 775-5364
What Can Complicate Filing a Wrongful Death Complaint?
There are several factors that could complicate filing a wrongful death action in Arlington. These elements could reduce the value of a claim. It is best to speak to an attorney to learn about different factors that could affect a case.
Fighting with Family
The tragedy within a family could cause high tension and prompt stressful situations. A family will have no doubt have difficult conversations and make even more challenging decisions. There will be some disagreements that are important during these heartbreaking times to trust to listen to one another arguing between family member’s roles and make the process more difficult. Additionally, there is more room for error when communication is lacking between interested parties.
Talking With The Insurance Company
The insurance company is the responsible party, they try to contact them and offer compensation. It’s important to remember that the insurance company is not on their side and is trying to pay them as little as possible to make this claim go away. Any kind of statement made may be used against them in the wrongful death case even if it is harmless at the time, the public statement may damage the integrity of their family’s credibility, and they downplay the fault to the negligent party.
The insurance company will try to reduce or deny the money owed to them based on what they say during their conversation with them, and anything they say to the opposing side can be misrepresented and used against them. It is best to refrain from talking to them completely even if they convince them they’re just trying to help.
Accepting a Settlement Offer Too Quickly
In addition to refraining from speaking to the insurance representatives, be careful to avoid agreeing to any other settlement offers without careful consideration. Once they accept a settlement agreement, they are unable to ask for additional compensation in the future.
They want to be sure that the money they are given is enough to take care of them and their family’s expenses as a result of the death. Especially, it is important when the decedent is someone who provided a substantial amount of income that’s supported the family.
Failing To Consider Potentially Liable Parties
The parties who are primarily at fault may be obvious from the beginning, however, the family should consider what other parties may have contributed to the death. This includes the apparent company, employer, or partner in the organization include other responsible parties in the case to provide for longer compensation to cover all these expenses that the family incurred as a result of the death of their loved one.
Waiting Too Long To Pursue Legal Action
It may be difficult to think about at the time of their loved one’s death, it is important to consider the time restraint on filing legal action, what’s called the statute of limitations. An effective attorney will need time to gather evidence and documentation before filing the claim.
Let an Arlington Wrongful Death Attorney Help Your Family File a Claim
Filing a wrongful death action in Arlington can be difficult without an attorney. All of their online resources available claim to provide someone without a law license and the knowledge they need to proceed without an attorney, it is not advisable to do so. Wrongful death cases can be extremely complicated, and the court system can be complex with its strict requirements and deadlines.
A reputable lawyer with experience in wrongful death cases will increase their chances of success without adding unnecessary stress and trying to understand the legal process alone. Call today to learn more about filing a wrongful death action in Arlington.
Call (817) 775-5364 or complete a Free Case Evaluation form
