Understanding Legal Concepts in Cases Handled by a Wrongful Death Lawyer in Dallas, TX

by | Jun 23, 2022 | Attorneys, Lawyers

A wrongful death lawyer in Dallas, TX represents grieving families struggling to cope with the sudden loss of their loved one due to someone else’s negligence or recklessness. The family may need financial compensation to help pay for related expenses, and they also may want an admission of fault by the person or organization responsible.

Establishing Fault

For a fatality to be legally considered wrongful death, it cannot have resulted from an incident that was entirely accidental with no other person or entity at fault. Two cars might collide on an icy highway, for instance, and a fatality would probably not be considered wrongful death. The situation changes if an accident occurs because of the other driver’s behavior. Being distracted by reading a text message is an example. Aggressive behavior like tailgating up against the rear bumper is another.

Types of Incidents

Not only vehicle accidents constitute this type of legal definition. A wrongful death lawyer in Dallas, TX also handles cases involving the careless use of firearms, negligence in nursing homes, and falling accidents on slippery stairways. Fatalities that occur due to slippery stairways or tripping hazards are usually categorized under another legal concept known as premises liability. The owner or caretaker of a property is legally required to keep the premises safe for employees, customers, and visitors.

Factors to Be Compensated

Financial compensation can include a range of economic factors. The family may need help paying for the person’s medical bills and funeral expenses. If the person contributed to the family’s income, that loss should be recognized. Any services that the individual provided to the household may now have to be done by an outside party. Taking care of young children, keeping house, and doing yard work may qualify.

The Importance of Legal Representation

Being represented by an organization such as Van Wey, Metzler & Williams is important because the family must be able to prove their case in this type of situation. They are the plaintiffs and must provide enough evidence that would convince a judge or jury that they deserve a certain amount of compensation. Otherwise, the insurer is unlikely to settle out of court.

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