This is one of those questions which have no answer because human life is far more precious than any number. However, at times, we must confront this confounding query as is the case with wrongful death scenarios resulting from accidents and other personal injury cases.
Losing a loved one is a shock that cannot be described with words, no matter how strong. Only those who’ve gone through this mess may have an idea of what it means. Car accidents in Dallas, Texas, can often result in fatalities. Call our Dallas wrongful death lawyers.
Seeking compensation for a loved one is your right, and a team of competent Dallas wrongful death lawyer can help you secure your rightful reimbursement from the at-fault party.
There can be no generalizations here, however, things can be summed up in the following categories:
While the aforementioned sum up most of the story, things don’t end here. If the person did not necessarily have to die at a particular place and time were it not for the actions of another party, then it becomes the basis for a Dallas wrongful death lawsuit.
The primary right to a wrongful demise claim is that of any direct family members of the deceased. These include parents, spouses, and children. The family members may either unite in their efforts and file the claim as one or do so individually.
Even adopted children or adoptive parents may file the claim if the adoption was completed legally.
If no one files a claim within three months of the death, the deceased’s executor of state (the one appointed to handle their property) can move forward with the claim. Even if the executor files the claim, the relatives will still retain their right to do so.
Some restrictions are also at play here, for instance:
If you’re not sure about whether you can file a wrongful death claim or unsure about some other technicalities in this matter, you should reach out to competent lawyers and proceed with proper legal counsel.
For a wrongful death claim to stand a chance, you must be able to prove that the death of your loved one resulted due to the negligence or indifference of another party. You will have to establish a connection between this negligence and death.
Moreover, as stated in the previous section, only close family members, excluding siblings, who have been directly affected by the loss of consortium, financially, and otherwise, can file the claim.
If the evidence is convincing, for instance, if a drunk driving accident was involved (the other party was drunk), then little effort is needed to further solidify the case. However, seeking proper legal counsel is important in all cases.
Gather all the evidence you can and if there are some gaps, ask your lawyer to fill them up through a private investigation team. You also have to list all the financial and non-economic losses that you had to face due to this wrongful death.
For instance, the deceased may have been the sole bread earner of the family. Maybe the victim was about to finish college and get a job or start a business to support the family. Perhaps, the deceased was the primary caretaker of the family, i.e. a wife for her husband and a mother for her children (can happen the other way around too).
After reviewing the damages, the at-fault party's insurer may be inclined towards giving you fair compensation. However, if that does not happen (which is often the case with insurance companies), your lawyer will take matters to the court with a wrongful death lawsuit and persuade the jury to give you a rightful reimbursement for your loss.
You can even get awarded some punitive damages to make an example out of the offender to discourage such recklessness in the future.
Any wrongful death claim will demand compensation for all the damages sustained by the victims and their family members, such as:
Several factors must be accounted for when considering the settlement value. Age, health status, and medical history are some of the things that will shape the outcome. Thus, having a skilled and competent wrongful death attorney by your side can help tip the scale in your favor.
In Texas, generally, wrongful death claims settle for around $500,000 to $1 million, and even beyond.
Just be sure to keep the statute of limitations in mind (you can only file the claim within a limited window of time).
No one should have to suffer through such difficult times. The financial and emotional toll of wrongful death is immense, to say the least. However, you can and should fight for your claims as defined by your legal rights, and the Glenn Law firm will help you do just that.
We have some of the most skilled and competent personal injury lawyers on our team.
Give us a call, consultation is free!