This is the next post in our series on the handling of wrongful death claims in our area which stem from auto wrecks. Our last article discussed how comparative fault impacts car accident related wrongful death cases. It is important to understand that the surviving family members may still be able to recover damages even if the deceased was partially at fault. The determination of fault is an issue for the jury. Retaining an attorney, who can adequately present such issues to the jurors, is crucial. In this article we will be discussing how long it may take to settle such a matter. If you are in need of assistance then contact our office today to speak with a Fort Worth personal injury lawyer.
The time needed to settle a Texas wrongful death case can depend on the number of contested issues
How long it may take to settle a Texas wrongful death case will, in large part, depend on the number of issues which are disputed. In a case where the defendant is clearly and completely at fault and the deceased worked a salaried job, then settlement may possibly happen more quickly. This is due to the fact that the defendant’s insurer is unlikely to dispute liability or to claim comparative fault. Moreover, the calculation of the deceased’s lost income will be more straightforward than in other matters. Other variables which must be considered include the level of pain and suffering which the deceased endured, the level of impact on the surviving loved ones, mental pain and anguish, etc. In matters such as these, settlement will often take several months, but can take longer depending on the specifics of the case.
Settlement is likely to take substantially longer in cases where the deceased was partially at fault for the car accident and/or when the deceased had a variable income. If, for example, there is a dispute over who was at fault for the accident then the insurers may attempt to deny liability at the beginning. Alternatively, they may also start out negotiations with a much lower settlement offer. Also, in matters where the deceased’s income varied, there will likely be a dispute as to the value of their future lost wages. This can include situations where the deceased individual was self-employed, where they worked a commission-based job, or any other situation where their income is not a guaranteed amount. It may very well be necessary to retain vocational and economic experts in such situations. These types of cases can take much longer to settle.
Fort Worth residents will receive advice from their lawyer on whether to settle a wrongful death case
If you have lost a loved one in a car accident then your attorney will give you honest and objective advice on when to accept a settlement and when it is best to continue negotiations. It is understandable that the surviving family members may wish to put the matter behind them as quickly as possible. Accepting a “quick” settlement, however, can result in the family members receiving much less than what they are entitled to. This can leave them without the money needed to cover future expenses. Counsel will give you an honest opinion as to whether it best to continue negotiating, if experts should be retained to aid in settlement negotiations, or if it is best to file a lawsuit.
If you have lost a loved one in a car accident then contact our office today to speak with a Fort Worth wrongful death lawyer. Our firm understands that this is a serious time in your life and we will give your case the attention it deserves. This includes promptly responding to phone calls, quickly replying to messages, and making ourselves available to answer your questions. We have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization and we employ an on-staff investigator. We look forward to speaking with you.
In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.