Bringing A Wrongful Death Lawsuit in Dallas

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Losing a loved one is an incredibly painful experience, and that pain is made even worse if you know that someone else is to blame for the death. Aside from the sense of injustice that you may feel, if the person that you lost was the family breadwinner, then the financial implications can be disastrous.

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Fortunately, if you live in Dallas or anywhere else in Texas, there are specific state laws that allow you to sue the person responsible for the death, in order to recover damages that will reduce your financial suffering. These laws apply no matter what type of wrongful death your loved one has suffered – whether it was a car crash, a workplace incident, or other accident. Even if there is a separate criminal prosecution going on, you are still entitled to bring a civil suit against the person or organization that is responsible for the death.

If you are unfortunate enough to be in this situation, the first thing to do is to find a good lawyer. When it comes to looking for a wrongful death lawyer Dallas is home to a number of firms, but make sure that you select one that comes recommended and has a good track record of winning cases. They will be able to advise you on the validity of your claim, and will usually take you on without any upfront fees provided that you have a good case.

The specific law that applies to wrongful death claims in Texas is the Texas Wrongful Death Act. Among other things, this law establishes who is entitled to file a wrongful death lawsuit against the party that caused the death. Under this law, you can bring a lawsuit if the deceased person was your spouse, no matter whether your marriage was registered or common law. You can even bring a claim if you are separated or divorced, and this still

applies if you remarry after your spouse dies. You should note that Texas law does not allow same-sex partners to bring wrongful death actions. You can, however, bring an action if the person who was killed was your father or mother, either natural or adoptive. However, if you are adopted you cannot bring a wrongful death claim if one of your natural parents dies.

In order to bring a wrongful death claim, you will have to establish four basic facts. First, the person’s death must have been caused by the actions of another person or organization, either wholly or in part. Second, you will need to show that that person or organization was negligent, and that this negligence directly contributed to the death. Third, you will need to prove that you are eligible to bring the lawsuit, as discussed previously. Finally, you will need to demonstrate that you have suffered or will suffer monetary damages as a result of your loved one’s death.

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Under Texas law, you will be able to claim damages for direct financial losses resulting from the loss of your family member’s earning capacity, as well as for emotional pain and suffering. There are also specific provisions for loss of the love, comfort and companionship of the deceased person, as well as any loss of inheritance that you may suffer as a result of their death.

What To Do If You Are Injured At Work

what-to-do-if-you-are-injured-at-work1After the home, the workplace is one of the most common places for serious injury and harm to arise. In industrial, construction and manufacturing industries, for example, there are numerous dangers posed to the average worker throughout the day. Both short-term and long-term harm can arise from unsuitable working practices, or simply from being exposed to hazardous situations while at work. Even those in more sedate professions can suffer unexpected, avoidable injuries in the workplace. It is the responsibility of the employer to ensure that all staff are given a safe, harm-free environment in which to work, and any failings in this regard could lead to liability for your injuries.

If you are injured at work, regardless of the severity, you may be entitled to seek redress for those injuries. If it can be shown that the responsibility for your injury lay with the employer, you may be entitled to damages in respect of your injuries. If you have sustained an injury at work, it is important that you follow a set process in order to ascertain whether redress may be available.

There are common law legal protections in place for those suffering from injuries at work. In order to build a case under common law, it is important to look at the incident, the causation, and whether there was any responsibility on the part of the employer. If you can establish the right criteria, it may be possible to claim compensation in respect of your injuries. An experienced law firm, like Brown & Theis, LLP, is an essential component to a successful action, and their expertise will be essential in piecing together a viable claim for damages.

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In many cases, it may be possible to settle this type of claim without proceeding through the courts. While a court-based solution is the ultimate destination for this type of action, employers will often be willing to settle out of court, in order to avoid the hassle and expense of legal proceedings. This can also be a good way to secure the compensation you are rightfully due, without the stress, upheaval and expense an appearance in court may cause you.

Of course, you need to balance up any offer you receive with the likely outcome of a court case. There is no point in settling for a small amount now, if you are certain you will recoup a larger amount in court. Your attorney will be able to advise on whether you should accept an offer to settle, or whether you should proceed to court. This is ultimately your decision, however, and it is worth calculating the amount you are willing to accept to ensure you get just compensation for your injury.

Injuries at work can be devastating. Even seemingly minor injuries and illnesses occasioned through your employment can change your life. Compensation can be an important part of the healing process, and a vital element in recognizing the unacceptable upset and suffering this can cause. By following through the process to potentially have your day in court, injured employees can achieve the compensation they deserve, while helping shape safer working practices for future generations of employees.