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Ask a Lawyer: 6 Steps to Prepare for a Wrongful Death Case

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Has someone you know died in an accident? Was the accident caused by the negligence of another party? You might have a wrongful death case. If you would like to get compensation, these are the important steps that a wrongful death lawyer in Bryan will help you follow.

Ask a Wrongful Death Lawyer: 6 Steps to Prepare for a Wrongful Death Case in Bryan

If a loved one has died wrongfully, then you are entitled to compensation. The death of a loved one can cause what’s legally referred to as a loss of consortium. This means that this person’s death has affected your ability to get support, affection, or a variety of other concerns.

To get the compensation you deserve for this loss, it’s important to work with qualified wrongful death attorneys in Bryan, TX. They’ll make sure that your case is carefully and fairly presented and that you get what you deserve for this tragic loss. To prepare for your case, there are a few steps to take.

1. Understand If You Have a Case

Any loss of life is tragic and challenging. But not all loss of life results in a successful wrongful death case. For a case like this to be valid, it has to meet certain criteria. Your lawyer will help you determine if your case is a solid one.

A wrongful death needs to be caused by another party’s actions, either through intention or through negligence. If this sounds like your situation, then you could very well have a case on your hands.

2. Consult with a Lawyer

All US citizens have the legal right to represent themselves in court. Going to court can be expensive, so some people try to save money by avoiding lawyers and presenting themselves. But it’s important to understand that you don’t have the same training that a lawyer does.

This means that you may not be able to accurately represent yourself. The defense may try to take advantage of your lack of knowledge, and you could end up losing the lawsuit or not getting the full monetary compensation you deserve for a loss. Always work with a qualified lawyer, especially in difficult cases like these.

3. Gather Evidence

If you and your lawyer believe that you have a valid wrongful death case, then the next step is going to be gathering and preserving any evidence. You may have been able to gather a significant amount of evidence as soon as the accident took place. But there are more things your lawyer can help you find.

Your lawyer will be able to help you understand what evidence is important. They’ll also help you gather it safely and efficiently. Things like police reports, photos and videos of where the accident took place, and witness testimonies can all help your case.

4. Learn Your Statute of Limitations

In law, a statute of limitations refers to the timeframe after a death has occurred in which a descendant can file a wrongful death lawsuit. Different states have different statutes of limitations.

Different types of lawsuits will also have different statutes of limitations. In Texas, the statute of limitations for wrongful death is 2 years, generally from the day that your loved one died. Make sure that you are within this timeframe if you are planning on filing a lawsuit. Otherwise, you may not get your compensation.

5. Prepare A Complaint

If you and your lawyer have agreed that you have a case, you’re within the statute of limitations, and you’ve gathered all the evidence that you can, then you’re ready to prepare your complaint.

Your lawyer will help you ensure that all the necessary information for your complaint is there. There are several details that your complaint should include. It should contain information on things like the defendant’s identity, the details of the accident, and what monetary compensation you are looking to get from the lawsuit.

6. File Your Complaint

After your complaint has been written and carefully double-checked to make sure it contains everything it should, it’s time to file it with the court. There are specific rules that you need to follow when filing any lawsuit, so make sure that you understand and adhere to them.

Once your complaint is filed, things will start moving along. Remember, your lawyer will always be there for you to answer any questions that you may have about the process. They’ll also work hard to represent you accurately and fairly when it comes time to present your case to a judge.

The death of a loved one can be an incredibly traumatic experience. If your loved one died due to the negligence of another person or party, you deserve to be compensated for your loss. When you choose a qualified lawyer to work with, you’ll ensure that your case has the best shot.

 

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