Bringing A Wrongful Death Lawsuit in Dallas

bringing-a-wrongful-death-lawsuit-in-dallas2
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.

Image source: http://www.washingtonpost.com/rf/image_606w/2010-2019/WashingtonPost/2013/06/05/National-Enterprise/Images/Building_Collapse_0eef0.jpg

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.

bringing-a-wrongful-death-lawsuit-in-dallas1

 

Image source: http://newscastmedia.com/blog/wp-content/uploads/2010/11/courtroom.jpg

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.

Considerations to take when filing a Wrongful Death Suit

One of the most traumatic occasions most of us will go through is the event of losing a loved content_marketing_opi_photo484501-16-2013one. And when the death was untimely or unnecessary, it makes matters and emotions even more difficult to grasp. In order to claim a wrongful death, one must prove that a loss of life was caused by negligence—a feat that can be timely and involved. Due to the complexities that often hide in between the fine lines, you must contact a wrongful death attorney that specializes in your type of case to ensure you get the settlement you deserve, and to bring justice into play. Although this time will be emotionally painful and hard, an experienced Personal Injury Attorney, Orange County will be able to fully understand the emotional state you are going through, and will be trained to show compassion and patience in working your case.

Taking the steps

The first step is to file the claim, but first you must need to make sure you meet all the basic requirements. You will need a number of things that include a death certificate from the coroner, evidence or witnesses that will support that another party was fully or partially responsible for the death, and proof that you or others are suffering emotional and/or financial difficulties and trauma as a result from the death. By contacting an experienced lawyer, he/she will be able to determine if you have a case, and if all the materials needed are in order.

Beware of time

Do not let time butcher your case. You need to find out what the regulations are in your state regarding time limits for filing a wrongful death suit. Also, keep in mind that the sooner you take action, the greater the chance that a jury of your peers will recognize how deeply scarred and traumatized you are by the death. Another reason why you need to act promptly is in the event an investigation is required. You want to make sure that an investigation will not infringe upon your window of time that allows you to file. By contacting an aggressive lawyer, you will have legal representation and someone who knows how to speed up a process to ensure your window of time doesn’t slam shut on your fingers.

Finding the right lawyer

Once you have determined that you want to file a wrongful death suit, you will want to hire a lawyer. In an article published by Laws.com, the author offers advice in how to find an effective wrongful death attorney. The article states that before beginning the search, you must first review your case and understand the intricacies surrounding the death and the liability issues present.  The author continues to write that once you have a grasp for the variables and particulars that frame your case, search the Internet for Wrongful Death Lawyers in your area. Use GOOGLE to locate the individuals and perform appropriate due diligence thereafter. The article also reminds readers that all wrongful death lawyers who passed the state’s Bar Exam are grouped into a public database that is made available for viewing.

Let the lawyer take it from here

The law is complex, and it has loopholes that defendants can easily slip through unless an experienced, aggressive lawyer is there to close those holes and bring justice to the one who has suffered. Be sure to do your research in finding the right attorney, as it will pay off financially and emotionally.

Image source: http://www.hornsbylaw.com/atlanta-wrongful-death-attorneys-lg

$2.6 Million awarded to family of Women who was exposed to Mesothelioma

A woman’s family was awarded $2.6M because of her indirect exposure to asbestos. Apparently the woman’s husband worked in an asbestos factory in the early 1960’s for a couple of years and brought home dust from the factory where she was exposed to it while doing the laundry. She died in 2006 of Mesothelioma.

Mesothelioma is a rare form of cancer that occurs in the lining of the lungs and the chest. It is usually caused by prolonged exposure to particles of asbestos. The disease has a long delay usually from being detected and is usually in a more advanced stage by the time it is diagnosed. If you live in the Chicago area and have been exposed to Asbestos, visit http://www.sexnerinjurylaw.com to schedule a free consultation.