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. If you do not have a lawyer managing your Texas wrongful death case, most provide free consultations.
Understanding the Possible Options for Resolving a Wrongful Death Case
There are three ways to successfully resolve a wrongful death case. Most of the time, these cases do not need to go to trial to get a positive outcome, recover fair compensation, and get justice for your family.
The three ways an attorney can resolve wrongful death cases for clients include:
Settling the Case Through Negotiations
Most cases settle. The attorney demands fair compensation for the victim’s family, and the liable party or their insurance carrier responds with a counteroffer. This begins settlement negotiations, and the parties eventually agree to an amount and the terms of the settlement.
Taking the Case to Trial
When the parties cannot reach an agreement, the at-fault party refuses to accept liability, or there are disputed case facts, a jury trial might be necessary. This requires filing a wrongful death action in civil court, preparing the case, and presenting evidence to jury in court. Often, wrongful death lawsuits settle before the trial date arrives. However, going to court to resolve a wrongful death case is sometimes necessary.
Alternative Dispute Resolution Techniques
Occasionally, wrongful death cases benefit from alternative dispute resolution techniques such as mediation or arbitration. Some courts require mediation before putting a case on the docket for trial.
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Can Families Recover the Same Types of Damages Regardless of How They Resolve a Wrongful Death Case?
When you pursue a wrongful death case based on your loved one’s untimely passing, the potential recoverable damages are the same whether you negotiate a settlement or litigate the case. The types of damages and their value depend on the facts of your unique case, including the economic and non-economic expenses and losses.
A wrongful death payout could compensate family members or heirs for:
- Reasonable burial and funeral expenses
- Medical bills and related expenses
- Loss of your loved one’s income
- Loss of inheritance
- Loss of household support
- Mental anguish
- Loss of companionship, counsel, guidance, care, and support
In addition, other damages might be recoverable through a survival action. The estate executor, known as the personal representative, can file a survival action if the victim suffered injuries but survived for a time and experienced conscious pain and suffering due to the incident.
Benefits of Having a Wrongful Death Attorney Managing Your Case
When you choose a wrongful death attorney to manage your case, you have someone on your side with the experience, skill, and resources necessary to win fair compensation. They will know and understand Texas Civil Practice and Remedies Code § 71.002 and how it affects these cases.
They will guide you through the process from start to finish. First, they will assess your case to ensure it meets the standard for pursuing compensation. In general, you must act within two years and your loved one’s death must have occurred because of another party’s neglect, carelessness, wrongful act, unskillfulness, or default.
Next, they will help your family identify the claimants. Texas law limits who can file a wrongful death case and who can participate in these lawsuits. Usually, this list is limited to:
- The surviving spouse
- Any minor or adult children
- Surviving parents
All qualifying family members wishing to participate join the same case. If none of these family members survive or they opt not to sue soon after the death, the estate’s personal representative can file a wrongful death action.
Causes of a Wrongful Death Case
Almost any type of negligence accident or incident could support a wrongful death case. Experienced attorneys will know how to investigate each case type and develop a compelling argument showing the family deserves fair compensation. Some common accidents that support wrongful death actions include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall injuries
- Oilfield accidents
- Construction accidents
- Product liability injuries
Your wrongful death attorney will know how to show negligence occurred and identify the liable parties. From there, they will determine if a settlement is possible or if it might be necessary to go to court to resolve your wrongful death case.
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What Happens If I Need to Take a Wrongful Death Case to Court?
Sometimes, it is necessary to take a wrongful death case to trial. This could occur because:
- The parties fail to reach a settlement agreement
- Disagreements arise over liability, damages, or insurance coverage
- Disputes occur over key case facts
- The case involves complex legal issues
- The outcome could set a new legal precedent based on unique details of the case
If any of these factors play a role in your case strategy, your attorney will discuss them with you and answer your questions. Generally, you have up to two years to file a wrongful death action in Texas, per Texas Civil Practice and Remedies Code § 16.003.
However, it is important to get started early. When you hire a lawyer to manage your case from the start, they can protect your rights, preserve time-sensitive evidence, and take other steps that could strengthen your case.
Discuss Your Loved One’s Wrongful Death With Our Team for Free
Loncar Lyon Jenkins provides free consultations for families who lost loved ones in Dallas and nearby areas. Our wrongful death lawyers know how to navigate these cases and secure fair compensation, whether that is through a settlement or trial verdict.
Call in the Strong Arm today. Contact us for your free case assessment.