Wrongful Death Lawyer Dallas, TX
Losing a loved one is a painful experience and it can leave you unsure of how to move forward, as a top wrongful death lawyer in Dallas, Texas knows. Dealing with the loss of a loved one is hard enough, but if you are working on a wrongful death claim it can be too overwhelming to do. A wrongful death case is when an individual’s death is caused by the misconduct or negligent actions of an at-fault party. Some examples of common wrongful death scenarios include fatal workplace accidents, hospital negligence and car accidents. Hiring a lawyer to help you with the claim and take on the related tasks can lift the burden off of your shoulders. You should focus on coping with your loved one’s death and not have to deal with the stress of a legal claim. It can be difficult to prove a wrongful death case, so clients are encouraged to turn to a skilled wrongful death lawyer like one from Brandy Austin Law Firm, PLLC that has the right experience and background.
Wrongful Death Lawyer in Dallas, TX
Searching for the right wrongful death lawyer that you can rely on to handle your case can be painful, especially if you have just recently lost a loved one. When you do your research to find the right lawyer, you want to find one who has had proven case results. They should have been able to accomplish a lot for their clients, such as settlements that were large enough to cover their clients’ losses. If you are interested in filing a wrongful death case, you should hire a lawyer that has the right experience and skill. Be prepared and write down a list of questions and topics that you want to discuss with the lawyer beforehand. Asking the right questions can help you narrow your search and find a qualified lawyer who is both committed to helping you achieve the best results and has the skills to handle your case efficiently. Contact an experienced lawyer like one from Brandy Austin Law Firm, PLLC now by scheduling a consultation with our trusted legal team.
What Qualifies as Wrongful Death?
Proving a wrongful death can be difficult to do. For a case to qualify as a wrongful death, there must be evidence that the at-fault party’s actions or lack of action directly resulted in the victim’s death. The evidence must be strong enough that causation is established. Without any of the elements required, a case cannot qualify as a wrongful death. If a victim dies because of actions that they have caused or due to external circumstances that are not directly caused by another individual, it would not be considered a valid wrongful death case. If you are not sure if your case qualifies as a wrongful death, enlist the legal advice and skills of a reputable lawyer who can give you the information that you need about your case.
Damages You May be Entitled To
As the family member of a wrongful death victim, there are several damages that you and your family could be entitled to. You can recover economic and non-economic damages. Though it is similar to a personal injury case, in a wrongful death case a victim’s family could be eligible for unique types of damages. These include funeral expenses, loss of companionship, loss of consortium, and reduced earnings capacity. A lawyer can calculate the damages for you because it can be a difficult task. When you are determining your damages, you want to make sure that your calculations are correct.
When Your Court Needs to Go To Court
Most wrongful death cases actually do not go to court, so it is rare. Many cases end in a settlement because both the plaintiff and defendant are able to reach an agreement. However, a few cases do end up going to court. It may be necessary to take your case to court if the circumstances necessitate it, such as if the insurance company does not offer an appropriate and reasonable settlement amount. It may also be necessary to go to court if the other party is not being cooperative or responsive. These are complications that will stretch the duration of your case and result in additional steps, but a lawyer will attempt to strengthen your case if they believe they will garner the best results if they take the case to court. They will determine a new strategy and approach for your case should your case go to trial.
Emotional Recovery Following a Wrongful Death
The death of someone we care about is one of the most difficult things we face. When a loved one’s death may have been tied to negligence, it makes the situation even more painful. These difficulties are multiplied if we feel that the person died wrongfully. The legal team at Brandy Austin Law Firm, PLLC is here to help families dealing with these difficult situations. A wrongful death lawyer in Dallas TX could help you start to unravel the intricacies of this type of event and see that justice is done in the name of your loved one. Beyond the legal aspects of such a case, though, there is also the emotional recovery which is essential to your long-term mental health and wellness. Keep reading to learn more about this important aspect of your journey.
Permission To Grieve
Although in the wake of death there are many things that need to be taken care of, it is very important that you remember it is okay to take time to grieve. Grieving is a natural response to loss. When we do not take the time to do this, or we do not give ourselves permission to do this, it can have long-term, negative emotional consequences. This is a key benefit of hiring a lawyer. They can work on case-related tasks and take care of the details of your case for you, while you can spend time mourning your loved one and family. While you may be focusing on many details as you work with a wrongful death lawyer in Dallas TX, keep in mind that your emotional health must be kept as a priority.
Permission to Ask For Help
The months following a death can feel overwhelming. Even simple day-to-day tasks can feel too big to deal with. This can be even more complicated if you are in need of a wrongful death attorney in Dallas TX. Even if asking for help is not something you usually do, now is the time to reach out to friends and family. You do not have to struggle alone after the loss of a loved one. A trusted and experienced wrongful death lawyer is ready to help you with your legal claim. In addition to legal help, they can provide you with the emotional support that you need to help you move forward. You may be surprised at how much others want to assist you right now.
Things you may need help with could include:
Permission To Heal
When you are recovering from the death of a loved one, you may hear others say that, “time heals all wounds.” Although there is some truth to this saying, it is important to remember that sometimes we need more than just time to help us heal. If you find that you are struggling emotionally, it is okay to look into counseling and grief support groups to find that extra bit of help you may need.
These types of services will provide an outlet for you to express grief and talk about what you are going through.
Permission to Seek Justice
Recovering from a wrongful death is a unique situation. In addition to the pain and suffering resulting from your loss, you are also dealing with a sense of injustice over the fact that your loved one may have died at the fault of someone else. When you seek out the help of a wrongful death lawyer in Dallas TX, you will start the process of bringing justice to this situation.
The Brandy Austin Law Firm, PLLC team wants to help you and your family find peace and justice in the midst of this difficult time.
Do I Have a Wrongful Death Claim?
Wrongful death can be difficult to prove in a court of law. You need to be able to prove that specific elements are present so that your case can be validated as a wrongful death. Certain standards must be met; however, these standards are lower than those used in criminal law. This is why an accused murderer who avoids conviction can still be held liable in a civil action. A wrongful death lawyer in Dallas TX understands that no amount of money can bring back a family member or ease the pain of their loss. However, an attorney can help survivors get compensation for loss of financial support.
What is the Definition of Wrongful Death?
The simple definition is any death that is caused by the actions of a second party. These actions may be intentional (for example, assault), or accidental. In either case, negligence or indifference was involved. The victim can choose to pursue the party responsible and seek damages. In proving a wrongful death case, it is necessary for a wrongful death lawyer in Dallas TX to demonstrate four elements to the court:
- Duty of care: the plaintiff must demonstrate that the defendant had some responsibility to avoid the event leading to the victim’s demise. For example, someone operating a motor vehicle has a duty to maintain and operate the vehicle safely.
- Breach of said duty: the plaintiff must prove that the defendant abandoned his or her responsibility. A common example is someone who drives while intoxicated.
- Causation: The plaintiff must provide evidence that the plaintiff committed the act leading to the victim’s death. To continue the previous example, such evidence would include results of a breathalyzer test and testimony from witnesses.
- Financial Loss: for a wrongful death lawsuit to succeed, the plaintiff must demonstrate financial hardship resulting from the victim’s death.
What Accidents or Injuries May Lead to Wrongful Death?
There are a variety of different accidents that may cause injuries that are harmful enough to cause death. What makes this death a wrongful death is when it occurs from someone’s negligent action or complete lack of care for another person’s life. A series of critical errors by certain professionals may also qualify for a wrongful death case. Some of the more common accidents that lead to severe enough injuries in a wrongful death case are:
- Pedestrian and Bicycle Accidents – When a pedestrian or bicycle rider is struck by a motorist due to their failure to notice them, reckless driving, speeding, distracted driver, or other negligent action then a wrongful death case may be advised. Reach out to a wrongful death lawyer in Dallas, TX from Brandy Austin Law Firm, PLLC to learn more about the details of this incident.
- Truck Accidents – Truck accidents are similar to car accidents. However, a truck is much larger, heavier, and slower to brake. Due to these things a truck driver has the chance of causing significant damage to other people’s vehicles and lives on the road. When a truck driver acts negligently as a driver or drives recklessly leading to the death of a person on the road this may qualify as wrongful death.
- Product Defects – When a product, like a car, for example, is incorrectly manufactured it may lead to severe failures. These failing components of the product may have the capability of failing while driving leading to an accident that causes death. In this case, a wrongful death case may be filed for a motorist who perished as a result of this product defect.
- Premises Liability Slip and Fall Accidents – Properties are required to keep their properties free from any obstruction or safety hazard to those who visit it or spend time on it. When they fail to advise of caution in certain areas or fail to clean up a hazardous spill this can lead to injuries. While slip and fall accidents sound innocent enough there are thousands of people affected by these injuries on a yearly basis. Thousands of people unfortunately perish as a result of them.
- Medical Malpractice Incidents – Medical professionals undergo years of training so that when they offer care to individuals they can thoroughly give that care. When they make a critical error though or act negligently this can cause catastrophic outcomes like wrong medicines, botched surgeries, or a misdiagnosis of a patient. If a patient dies as a result of a botched surgery or another related issue to a medical failure by a medical professional then a wrongful death case may be brought about.
If you or someone you know has been affected by a wrongful death of a family member or close friend and believe their death was caused by a critical error by a medical professional or negligent action by someone then reach out to a wrongful death lawyer in Dallas, TX from the Brandy Austin Law Firm, PLLC.
What About Non-Economic Losses?
Non-economic losses are losses that have no quantifiable value, such as pain and suffering, emotional distress, loss of companionship, and loss of consortium. In wrongful death cases, Texas law recognizes the loss of consortium as a non-economic loss or one that cannot be measured in dollars and cents. This is usually defined as loss of an intimate relationship, i.e., a domestic partner or spouse. However, it can also be applied to filial relationships, i.e. a parent and child. A wrongful death lawyer in Dallas TX can help you to understand this more fully. They can determine the full list of non-economic losses that you can include in your case.
Who Can File a Wrongful Death Lawsuit?
Not everyone is eligible to file a wrongful death lawsuit. It is restricted to certain family members. Under Texas law, spouses, parents and children (natural and adopted) are eligible to sue for wrongful death. However, you cannot file a lawsuit for the wrongful death of your brother, sister, or another relative. If there are no eligible family members with standing to sue, the executor of the victim’s estate may file after 90 days. There are exceptions to the law however, so to learn more information consult with a wrongful death lawyer.
Examples of Wrongful Death Cases
There are no words that can fully express the pain of losing a loved one, especially someone who’s life was taken in an unexpected accident. Surviving family members may be under tremendous stress and confusion after realizing their relative could have perished from another’s hand. Along with the grief, surviving families have to process the fact that a person or entity was responsible for their relative’s death. Close relatives may suddenly have to deal with the financial burden and costs associated with medical bills, funeral expenses, lost wages, and more.
Wrongful death is defined as a negligent, careless, wrongful, or unskillful act that causes the death of another person. If it feels like everything is lost and you don’t know what to do next, but you know you want to take action, then it’s time to consult with a member of our legal team. Those who are dealing with the devastating news that their loved one’s life was taken because of another’s negligent or reckless behavior must have legal representation froma law firm seasoned in handling cases like these.
Generally, the surviving spouse, children, or parents are legally permitted to file a wrongful death case. These relatives may choose to file a claim individually or as a group together. Family members who do not pursue a wrongful death case within three months of the date of death may have an executor or personal representative of the estate do so. Because wrongful death law varies based on what state you live in, it’s important to meet with a lawyer who is familiar with laws for where you are located.
Common causes of wrongful death incidents include car accidents, workplace accidents, defective products, medical malpractice, criminal acts, construction accidents, and more. Depending on the circumstances of the death and resulting damages, the surviving family may be entitled to receive compensation for losses such as:
- Loss of companionship
- Emotional/mental anguish
- Medical expenses
- Punitive damages
- Loss of future wages of decedent
- Property damage
- Funeral costs
- Exemplary damages
- Pain and suffering of deceased
Contact a Qualified Lawyer You Can Trust
Mourning a loved one who has recently passed is an extremely painful and difficult experience. When you find out that your loved one could have died because of misconduct or negligence, you may feel at a loss at what to do. Hire a lawyer so that they can help you explore your legal actions so that your family can get justice for your loved one. Contact a top wrongful death lawyer in Dallas, Texas from Brandy Austin Law Firm, PLLC if you need legal assistance.