Most wrongful death cases settle without going to court. However, sometimes an inability to agree or disputed case facts make a fair settlement impossible, and these cases must go to trial. Having a Dallas wrongful death lawyer managing your case will ensure your legal strategy is effective and efficient, keeping your best interests in mind. …
How Can a Wrongful Death Lawyer Assist in My Case?
Understanding how a wrongful death lawyer can assist in your case is critical to proving negligence and holding the party responsible for your loved one’s death financially liable. When a personal injury lawyer represents you, they can investigate your loved one’s death, collect crucial evidence, deal with the insurance company, and negotiate with the insurance …
What Constitutes a Wrongful Death in Legal Terms?
Like all states, Texas has laws in place that define a death as wrongful. A wrongful death in legal terms is one that results from “neglect, carelessness [or negligence], wrongful acts, unskillfulness, or default.” These terms can cover a wide range of accidents and you will have to prove the cause of your loved one’s …
How Does a Wrongful Death Case Differ From Other Types of Personal Injury Cases?
A wrongful death claim differs from other types of personal injury cases in several ways. Both are based on the financial consequences of another person’s or entity’s negligent actions. While all personal injury cases stem from negligence, a wrongful death case—which is a type of personal injury case— involves the death of a loved one. …
When Should I Reach Out to a Wrongful Death Lawyer After the Tragic Incident?
Losing a family member in a preventable accident can be stressful and overwhelming, making it difficult to know what to do and when to take certain actions. You may not know when you should reach out to a wrongful death lawyer after the tragic incident. Truthfully, the best time to seek legal guidance is as …
Can I Pursue a Wrongful Death Claim Even If My Actions May Have Contributed to the Incident?
With guidance and support from a Dallas wrongful death lawyer, you can pursue a wrongful death claim even if their (or your) actions may have contributed to the incident. Depending on how fault is attributed to each party, your potential financial award could be decreased. The sudden loss of a loved one can be devastating. …
What Role Does Insurance Play in Wrongful Death Claims?
Insurance companies often play a central role in wrongful death claims. When the liable party has insurance coverage, the insurance adjuster generally oversees the claim. This includes investigating what happened, determining how much the case might be worth, and negotiating with the victim’s family and attorney. Working with a Dallas wrongful death lawyer ensures you …
How Long Does It Typically Take to Resolve a Wrongful Death Case?
No one can give you an exact date for when your case will reach its conclusion. A Dallas wrongful death lawyer may be able to give an estimate of how long it typically takes to resolve a wrongful death case. They can clarify state and insurance laws that govern the timing of your case. Your …
What Evidence Is Crucial for Building a Strong Wrongful Death Case?
Crucial evidence for building a strong wrongful death case can include police reports, medical records, witness statements, expert witness testimony, accident reconstruction reports, and more. Evidence that is crucial for building a strong wrongful death case can vary greatly based on the type of accident or injury that led to a loved one’s demise. You …
What Types of Damages Can Be Sought in a Wrongful Death Lawsuit?
If your family lost a loved one due to negligence, a lawyer in your area can clarify what types of damages can be sought in a wrongful death lawsuit. A Dallas wrongful death lawyer can fight to recover wrongful death and survival damages, including the costs of making your loved one’s final arrangements and compensation …
What Is the Average Settlement for Wrongful Death in Texas?
There is no easy way to determine the average settlement for wrongful death in Texas. The value of a wrongful death settlement depends on many factors, including the decedent’s age, occupation, and future earning potential. If you lost a loved one because of another party’s careless behavior, you may be entitled to financial compensation from …
Who Can File a Wrongful Death Lawsuit?
The closest direct family members of the deceased party, including their surviving spouse, children, or parents, can file a wrongful death lawsuit. In Texas, grandparents or siblings of the decedent are not eligible to file. If the eligible individuals do not initiate legal action within three months of their loved one’s passing, then the executor …
How Much Can You Sue For Wrongful Death?
How much you can sue for a wrongful death depends on how the death occurred. A wrongful death claim and lawsuit that involves a car accident may result in different damages than a case that involves medical malpractice. The amount of compensation you may sue for can be calculated by the personal injury lawyer you …
Do People Die on Oil Rigs?
Yes, people die on oil rigs. Between 2008 and 2017, approximately 1,566 oil rig employees were killed in the U.S., as reported by the Center for Public Integrity. Additionally, The Center for Public Integrity found that 10,873 violations were handed down by the Occupational Safety and Health Administration (OSHA) against oil and extract companies between …
Who Gets the Money in a Wrongful Death Lawsuit?
A decedent’s family can get money in a Dallas wrongful death claim or lawsuit. Under Texas Civil Practice and Remedies Code § 71.004, only spouses, children, or an appointed executor can recover compensation. A personal injury lawyer from our team can work with you to determine if your relationship to the decedent qualifies you for civil …