What Qualities Should A Wrongful Death Lawyer In Texas Have?

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Joshua A. Fogelman - Personal Injury - General - Super Lawyers

Answered by: Joshua A. Fogelman

Located in Austin, TXFVF Law

Austin, TX
Phone: 512-982-9328
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The attorney you choose should be prepared to serve as both advocate and counselor during the legal process. When a loved one dies in a fatal accident, there is no amount of money that can compensate you and your family. Nor is it possible to erase the pain that you are feeling. But a wrongful death claim that is handled properly can provide a source of monetary recovery to help ease the financial burdens you and your family are facing as you move forward through this difficult period and, in some instances, well into the future.

For your lawyer to effectively carry out these crucial roles, they should have experience handling and resolving wrongful death cases, and understand how to properly bring a claim. Of equal importance, your attorney should be someone you feel comfortable working with throughout this process to better ensure your goals are satisfied.

To help you determine whether an attorney can protect your interests and accomplish your goals, consider asking the following questions during a consultation.

Does This Attorney Have Experience Resolving Wrongful Death Cases?

Obtaining appropriate damages (money to compensate you for your loss) from a wrongful death claim in Texas can be challenging. The burden is on you, the claimant, to prove whether one or more of the following factors caused the accident:

  • Carelessness
  • Unskillfulness
  • Neglect
  • Wrongful action
  • Recklessness
  • Intoxication

It is not always easy to satisfy the burden of proof in these cases. Your attorney should be someone who understands the procedures of these cases and knows how to establish strong arguments that can hold up the scrutiny of a trial.

Surviving family members should also act quickly to protect their rights. First, it is important to investigate the causes of the accident and identify all the potential responsible parties, which should begin as soon as possible after the accident.  Additionally, in Texas, the statute of limitations to file a wrongful death lawsuit in most instances is two years. If you fail to take legal action within that time period, you may be left without any legal recourse to recover the financial compensation you and your loved ones need and deserve.

These time-sensitive issues make it a good idea to consider speaking with a lawyer as early in the process as you can to better ensure you are protecting your case and meeting any deadlines.

Will I Feel Comfortable Working With This Attorney?

While it is important that your lawyer has a firm understanding of the investigation and legal process, it is just as important that your attorney is someone you feel comfortable working with. Your wrongful death lawyer should be someone who will be available to listen to your concerns and understand your needs. They should be willing to take the time to truly understand the impact that this loss will have on you and your family so they can best identify and advocate for your needs.

By taking a diligent, thoughtful approach to a wrongful death case, your lawyer can be better equipped to alleviate the burdens that come with a wrongful death case. When you trust your attorney is focused on protecting your interests, it allows you and your family the time and space to grieve and begin putting your life back together after a tragic event.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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