Wrongful Death Attorney Dallas TX
When someone dies as a result of another person’s or entities’ actions, the family of the deceased will have the opportunity to file a wrongful death lawsuit. It does not matter if the actions were intentional or unintentional, the surviving family members will still have the right to pursue. Legal representation will be needed. We suggest you hire a wrongful death attorney Dallas TX.
Examples of Wrongful Death
Many wrongful death lawsuits stem from car accidents. Generally, an accident resulting in death was caused by another driver’s extreme negligence. Speeding, drunk driving, or disobeying any one of the many road laws to a severe degree will prompt such a suit.
Medical malpractice is another example. Every medical patient goes into their procedure with the full confidence that the surgeon is qualified, capable and fully-trained. At least, that’s how it should be. Therefore, if loss of life results from a procedure in which life was not to be at risk, a lawsuit may be validated.
A workplace accident is an example as well. Companies are expected to uphold strict safety regulations for their employees. Equipment must be regularly inspected and tested. Employees must not be overworked to the point in which they can’t safely and attentively perform their tasks. If a worker loses his/her life due to equipment malfunction, a case is in play.
A defective product causing any harm almost always warrants a lawsuit. Though, if resulting in death, the suit would specifically be filed under wrongful death.
Who to file against?
Car accident wrongful death suits are typically filed against the driver of another vehicle. However, there are cases in which a vehicle malfunction could cause the accident death. If that is the case, the vehicle manufacturer would be subject to the suit.
Medical malpractice suits can be pursued through the hospital, the surgeon, or both. Such cases can be incredibly complex in terms of proof and responsibility.
Workplace deaths can be aimed at the company or the manufacturer if it was the result of an equipment malfunction.
Product defects are at the fault and negligence of the manufacturer 99 times out of 100. There could be an instance in which an issue with the product arises during transit. Even then, the finger would likely point to the manufacturer.
What damages can be recovered?
- Pain and suffering
- Medical expenses
- Funeral expenses
- Lost wages
- Estate matters
Yes, a price can be placed on pain and suffering. Your wrongful death attorney Dallas TX will be familiar with the specific damage recovery and will work on your behalf to get as much as possible.
Medical expenses can pertain to the individual who was lost or any family members that suffered a medical issue as a result of the death of their loved one. Any life-saving actions performed by a medical staff will look to be reimbursed, along with ambulance transport, accident cleanup, etc.
Funeral expenses are more straightforward because they consist of mostly fixed costs. Certainly the departed’s family should not be responsible for paying for something that should not be a reality.
Any family member who is forced to leave his/her job due to emergency, mourning, or assisting or participating in post-life services deserves to be reimbursed. The attorney will ask for proof of pay rates (pay stubs) so employed family members can recover what they lost from justified time away from work.
How will a wrongful death attorney Dallas TX investigate the case?
A good attorney will most certainly do his/her due diligence in investigating a case. The investigative measures are dependent on the specific case; however, most share similar qualities.
What every wrongful death case needs is proof of responsibility. Lawyers will secure evidence by obtaining witness affidavits, taking necessary photographs, and reconstructing the accident. They’ll obtain accident reports, speak with accident investigators, review available camera footage, etc.
Incidents involving death usually have some revealing evidence. For example, a blood alcohol test will be close to conclusive if the at-fault driver fails the test. Speed is difficult to prove in a car accident, though extensive vehicular damages will say a lot, especially if the road speed limit is in the 30-45 mph range.
A lawyer will also lean on certain professionals to estimate the costs associated with the wrongful death. Attorneys are experts at evaluating cases and drawing up important paperwork, but they also know how to maximize their resources. In other words, the right people will be involved in getting the surviving family members the recovery that is rightfully theirs.
Dealing with Insurance Companies
Especially with car accidents, your lawyer will be in constant communication with the responsible party’s insurance company. Insurance companies are out to defend their client and their company. They do not want to pay anymore than what they deem necessary.
Unfortunately, the attorney and claims adjuster very often have two different definitions of “necessary”. Adjusters like to settle for less, while attorneys aim to settle for more. The investigation splits the difference.
You see, a wrongful death attorney Dallas TX does not settle like a claims adjuster does. If the insurance company does not agree to the attorney’s demand then it’s time to go to court. Wrongful death cases have a high success in court because of the extreme outcome from the accident.
Choosing the right attorney
Selecting the right wrongful death attorney Dallas TX is about belief and relationship. You want to work with someone who you communicate well with, and someone who clearly has a passion for handling your case.
You want to hire the attorney who lays out a concise plan for the attempt to recover damages. Attorneys who have fought wrongful death cases in the past are a plus. Typically, the more experience, the better.
In your initial consultation with an attorney, ask about prior cases, ask about success rates, courtroom experience, best case scenarios, worst case scenarios, etc. It’s your chance to have your questions answered by the expert.
A lawyer who adequately answers your questions is off to a good start. You want to leave the meeting knowing whether or not he/she is the right person to represent you and your family in the very important case.
The Kafor Law Firm
Nothing can truly make up for the loss of a loved one, but our obligation is to pursue the person or entity that is responsible. Anyone’s negligence or intent that ends one person’s life and effects that person’s family in the worst of ways deserves to be punished. Whether the criminal justice system enforces punishment or not, we will go after the responsible party on behalf of the deceased’s family.
We will not interfere with the mourning of the family. If you ask for our help, we will conduct a private investigation, while keeping you updated along the way. Just know that you are putting your trust in the right law firm and the right lawyer.
If you would like to learn more before getting in contact with The Kafor Law Firm, please visit https://thekaforlawfirm.com. We offer free consultations to assess your case and to give you an understanding of the process should you choose to move forward with us.
Get what is rightfully yours by calling (214) 238-5439