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What Does a Fort Worth Wrongful Death Attorney Do?

September 27, 2024
Fort Worth Wrongful Death Attorney

After a loved one suffers a fatal accident where another party was at fault, you may be wondering where to turn for help. Trust an experienced Fort Worth wrongful death attorney to provide legal guidance for things like determining fault, estimating the claim’s value, and providing all necessary legal support for maximizing the value of your claims.

Evaluating the Case

A Fort Worth wrongful death attorney will meet with the surviving family members in a case review. During the case evaluation, the attorney will provide advice about law as well as  the strengths and weaknesses of the case. The attorney may also explain the steps that will occur through legal representation and an estimated case value.

After this meeting, you can then decide whether to hire an attorney and file a wrongful death lawsuit.

If you are trying to represent yourself in a wrongful death claim, you might struggle to determine the case’s value. You probably don’t have the same level of experience as wrongful death lawyers in this area.

Proving Fault

To win a wrongful death claim, a Fort Worth wrongful death attorney must show that another party was at fault for the fatal accident. Without showing negligence on the part of someone else, no defendant for the lawsuit exists.

An experienced attorney will investigate the accident thoroughly, looking for signs of negligent or reckless actions from the defendant. During the investigation, the attorney may consult any of the following:

  • A police accident report
  • Interviews with witnesses
  • Any video evidence
  • Any photographic evidence
  • Advice from accident recreation experts
  • Reviews of the decedent’s medical treatment records

Understanding how fault works in a fatal accident can be challenging. If the negligent party had acted differently, would your loved one likely still be alive? If so, the other party’s actions probably were negligent.

If you are representing yourself against the insurance company, you might struggle to investigate the case. You probably don’t have experience with these types of investigations, making collecting all the necessary information difficult. If the insurance company denies fault for the accident, your lack of experience could make it difficult to prove fault.

Starting Negotiations

Many personal injury and wrongful death lawsuits settle during negotiations with the insurance company instead of going to trial. When choosing Fort Worth wrongful death attorneys to represent the family, be certain they have experience with negotiations.

During the negotiation process, your attorneys will present any facts they uncovered during their investigation that show the defendant is at fault for causing the accident.

The attorneys will introduce the case’s value, providing a starting point for negotiations. They will then use their experience and information about your loved one’s life to determine the value to request during negotiations, including:

  • Wages your loved one would’ve earned
  • Medical costs related to efforts to save your loved one’s life
  • Burial and funeral costs
  • Any pain and suffering your loved one experienced from the injuries before dying
  • The mental anguish your family is suffering because of the loss of your loved one’s companionship and guidance

If your lawyers are unable to achieve a satisfactory result through negotiations, they can advise you about whether to take the case to trial.

Call Our Fort Worth Wrongful Death Attorneys for Help

After a loved one is in a fatal accident, the family may want to file a lawsuit to try to seek a financial settlement from the negligent party. Reach out to the Fort Worth wrongful death attorneys at Fadduol, Cluff, Hardy & Conaway, P.C., for help. Contact us at 800-433-2408 today for a consultation, and let us explain what we can do for you.