Filing an Austin Wrongful Death Action

Wrongful death cases can arise from many different circumstances, including medical malpractice, car and truck accidents, defective products, and workplace injuries. When your loved one dies as a result of the wrongful conduct of another person or entity, you might be wondering what type of legal recourse you have. An experienced attorney can provide you with answers.

You could file a lawsuit to get compensation for your loss. An attorney can help you with the process of filing an Austin wrongful death action.

What a Wrongful Death Lawsuit Can Accomplish

When someone is killed because of another’s wrongful conduct or negligence, the decedent’s spouse, child, or parent can bring a wrongful death action to help recover the value of the life of the person lost. Of course, no lawsuit can give back a loved one or fill the hole that now exists, but a suit can help in important ways.

First, by holding a person responsible in a court of law, a wrongful death lawsuit can bring a family a sense of justice, which can help with closure and moving forward. Lawsuits are costly and draining, and a defendant who loses a case will hopefully modify their behavior so no one else has to suffer.

Second, a wrongful death lawsuit can ease real-world financial difficulties that result from an unexpected death. By filing an Austin wrongful death lawsuit, a family could secure special and general damages to compensate them for their loss. In addition to providing comfort, a family can use monetary damages to pay monthly bills and expenses, like rent or mortgage payments, as well as medical and other debts accumulated as a result of the death.

A wrongful death settlement can provide a surviving spouse with the peace of mind that comes with eased financial burdens.

Standard of Proof in a Wrongful Death Case

In order to win a wrongful death lawsuit filed in Austin, a person needs to prove by a preponderance of the evidence that the defendant was responsible for the death. This means they need to show the defendant was more likely than not responsible.

However, that state adopted a form of comparative negligence, and a court can reduce the damages awarded by any amount the jury finds the decedent responsible.

Consultation is the First Step in Filing a Wrongful Death Case

When anyone is considering filing a wrongful death action in Austin, the first step is to contact an experienced attorney. During the initial consultation phase, a family and an attorney will have a detailed discussion about what happened. The attorney will want to know as much information as possible about when the death occurred, how it occurred, where it occurred, and who was involved.

The attorney will also want to get to know the family members and learn about the decedent and what kind of person they were.

When the family wants to move forward, they will sign a retainer agreement, and the attorney will begin putting the case together in preparation for filing the wrongful death lawsuit in court.

Call for Information About Filing an Austin Wrongful Death Action

When your loved one dies because of someone’s wrongful conduct, you have questions about your rights and potentially filing an Austin wrongful death action. A successful lawsuit can help you get closure as well as monetary damages to ease financial worry caused by this tragic loss. Reaching out to a skilled attorney is the first step. Call for a consultation today.