Dallas Wrongful Death Lawyer

If you are uncertain who is responsible for your loved one’s death, it’s crucial to contact a Dallas wrongful death attorney for legal assistance. Allbee Law Firm will immediately conduct a thorough and detailed investigation to identify the parties responsible.

We will gather evidence, consult with experts, and analyze all aspects of the incident to determine the cause and identify those responsible. This process requires careful examination of medical records, police reports, witness statements, and potentially other specialized investigations.

Yes, you can file a wrongful death claim even if the responsible party is already facing criminal charges. A wrongful death claim is a civil matter and operates independently of any criminal proceedings.

Criminal charges seek to punish the responsible party for breaking the law. In contrast, a wrongful death claim seeks compensation for the surviving family members for their losses due to the death.

The standard of proof is also different; criminal cases require proof “beyond a reasonable doubt,” whereas civil cases require proof by a “preponderance of the evidence.”

Determining whether settlement or trial is the best option for wrongful death cases is difficult and often requires careful analysis and professional legal guidance. Remember, the choice between settlement and trial is not always clear-cut and can change as your case progresses. Our Dallas personal injury attorneys will provide ongoing advice tailored to your evolving situation.

• Assessment of Your Case: Our experienced team will thoroughly evaluate the facts, evidence, applicable laws, and the specific circumstances of your case to gauge its strengths and weaknesses.
• Understanding the Value: We’ll help you understand the potential value of your claim, considering factors like medical expenses, funeral costs, loss of income, pain and suffering, and other damages.
• Negotiation And Settlement Offer: If a settlement is considered, we will negotiate aggressively with the defendant or their insurance company to achieve fair and just compensation for you. We’ll inform you of any offers and guide you on whether they reflect a reasonable value.
• Analyzing Risks And Benefits: We’ll discuss the risks and benefits of going to trial versus settling, including considerations like time, costs, uncertainty of outcomes, emotional toll, and potential rewards.
• Your Preferences And Goals: Your feelings, preferences, and long-term goals are central to decision-making. We’ll work closely with you to ensure the chosen path aligns with what you feel is best for you and your family.

If the responsible party in a wrongful death case has no insurance or assets, it can make recovering compensation challenging but not impossible.

• Investigating Other Liable Parties: We may conduct a thorough investigation to identify other potentially liable parties. For example, if the wrongful death occurred in a car accident, there might be other individuals, employers, or entities that share responsibility and have the means to pay damages.
• Exploring Other Insurance Options: If the responsible party lacks insurance, other insurance policies might be available to provide compensation. For example, uninsured or underinsured motorist coverage in an auto accident case.
• Evaluating Assets: While the responsible party may claim to have no assets, a detailed examination might reveal property or other assets that could be used to satisfy a judgment.
• Considering Structured Settlements: If assets are limited, a structured settlement over time might be negotiated to provide compensation in installments.

Negligence is defined as the failure to exercise the level of care that a reasonably prudent person would have exercised in similar circumstances.

This lack of care must be the direct cause of the death for a negligence claim to be valid. Negligence can manifest in various ways, such as a driver not adhering to traffic laws, a property owner failing to address known safety hazards, or a healthcare provider not following the accepted medical practices for their field.

Proving negligence is a complex process that typically requires showing that the at-fault party had a duty to the deceased; they breached that duty and the breach directly resulted in the death.

Expert witnesses are pivotal in wrongful death cases as they provide specialized knowledge that can support the claim. Medical experts can testify about the cause of death and the potential pain and suffering experienced by the deceased. In contrast, accident reconstruction experts can help establish how the incident occurred and who was at fault.

Economists may be retained to calculate the financial impact of the death, including lost future earnings and benefits.

The testimony of these experts is often vital in establishing the full scope of damages and strengthening the plaintiff’s case.

Yes, wrongful death verdicts can be challenged or appealed in Dallas courts. The process is similar to other civil case appeals, where the party seeking an appeal must file a notice of appeal within a specific timeframe after the judgment.

The appeals court will then review the case to determine if any legal errors could have affected the trial outcome. The court may uphold the original judgment, reverse it, or order a new trial.

If the defendant in a wrongful death claim is also deceased, the claim is generally pursued against their estate and insurance company. The legal representative of the defendant’s estate, such as an executor or administrator, will stand in for the defendant in legal proceedings.

The plaintiff must still prove the elements of wrongful death against the deceased defendant as they would if the defendant were alive. Any damages awarded would then be paid out of the estate’s assets.