With an estimated population of 1,288,457, Dallas is the third largest and sixth most populous city in the US. If you’ve lost your dear one due to the negligence or recklessness of another party, you may be wondering if you have the right to sue for wrongful death in Dallas. This is an important question, and the answer depends on some factors.
Here you will know important things about wrongful death lawsuits to determine if filing one is the right choice for you.
When Is a Wrongful Death Claim Applicable?
A wrongful death claim may be applicable when an individual dies due to another person or entity’s negligence or misconduct. As per 2020 accident data, Dallas recorded 31,976 crashes. If a driver runs at a red signal and causes a fatal car accident, the victim’s family may file a wrongful death claim against the driver.
Additionally, if a defective product causes someone’s death, the victim’s family may file a claim against the manufacturer. To succeed in such a death claim, the plaintiff must typically prove that the death was caused by the defendant’s negligence or intentional misconduct and that the victim’s surviving family members have suffered financial damages due to the death.
What Must Be Proven?
To prove a wrongful death claim, the plaintiff must first establish that the death was caused by another party’s negligence or intentional act. The plaintiff must then show that one or more dependents survived the victim and that the death resulted in financial damages to those dependents.
Finally, the plaintiff must prove that the victim would not have died if not for the negligence or intentional act of the other group. While this may seem like a high burden of proof, holding liable parties accountable for their actions is essential to ensure that families receive the compensation they deserve.
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Who Can File for Wrongful Death Claim?
It’s a civil action brought by the surviving family members of someone who has died due to another person’s negligence or intentional harm. In most cases, the surviving spouse, children, or parents of the deceased are the ones who file the claim. In some cases, however, other family members, such as siblings or grandparents, may be eligible to file.
The main aim of a wrongful death claim is to seek financial compensation for the survivors’ loss. This can include damages for things like medical and funeral expenses, lost income and benefits, and loss of companionship. While no money can truly make up for the loss of a loved one, seeking justice through the claim can help surviving family members obtain the closure they need to move on with their lives.
How Can an Attorney Help in a Wrongful Death Claim?
As per recent data, the highest wrongful death settlement was around $160,000,000.00. You might be entitled to bring a death claim if you have lost a loved one due to another person’s negligence or intentional acts. While no dollar can ever make up for your loss, filing a wrongful death claim can help hold the responsible party accountable and stop others from suffering a similar fate.
An advocate guides you through the legal process, gathers evidence and builds a strong case for wrongful death in Dallas. If you’re successful, you are awarded damages that can help to cover funeral expenses, lost income, and other costs associated with your loved one’s death.
While nothing can undo the pain of losing a loved one, a wrongful death claim can help to provide some measure of justice.
