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Are you wondering what you should know keep in mind when choosing a wrongful death attorney? Technically, you can bring a wrongful death lawsuit on your own, without an attorney, but this is not recommended for several reasons. First, wrongful death cases usually involve a lot of money. This means the party responsible may fight very hard to prevent you from recovering anything in a wrongful death court case.
Choosing a Wrongful Death Attorney | Statute of Limitations
Second, there is a time limit on when you can bring a wrongful death action. The statute of limitations for wrongful death is two years. This means you must file your lawsuit within two years of the death of the deceased. But this is not an absolute deadline, so if you miss it, all may not be lost. However, it’s helpful to have an experienced wrongful death lawyer to help you effectively argue that one of the exceptions to the two-year deadline applies to your case.
Choosing a Wrongful Death Attorney | Proving Negligence
Third, it helps to have an attorney deal with potential defenses from the responsible party. For example, what do you say when the responsible part argues that you can’t sue for wrongful death because the child you lost was adopted? Or maybe the responsible party admits his or her negligence cause the death of your loved one, but your damages should be reduced because your loved one was also partially responsible for causing his or her death. Handling these types of legal arguments is challenging even for a seasoned Houston wrongful death attorney, so it’s easy to see how handling these legal battles on your own is not the best idea.
Dealing with Insurance Companies
Finally, in many wrongful death cases, it’s really the defendant’s insurance company who will actually write the check for any damage award that you might receive. And as you might imagine, often these insurance companies use delay tactics or take steps to prevent you from getting what you’re legally entitled to. Therefore, it’s nice to have a Houston wrongful death lawyer help you deal with these insurance companies.
