Dallas Wrongful Death Settlements
Wrongful death lawsuits are a common type of legal action that family members can take following the unexpected death of their loved one. When the passing of your relative results from another person’s carelessness, this type of claim could be your best avenue for seeking justice.
With the help of a dedicated wrongful death attorney, it is often possible to reach a fair resolution to these cases. While success is never guaranteed, the guidance of strong legal counsel could increase the odds of securing a favorable Dallas wrongful death settlement.
What are Wrongful Death Settlements Worth?
Before filing a lawsuit for a wrongful death, it is important to understand the type of claims available. Under state law, one of two distinct types of lawsuits can be filed after an untimely death: wrongful death lawsuits and survival actions.
Wrongful death lawsuits are filed by the surviving family after the death of a loved one. These claims can offer support to family members through compensation for the financial and emotional losses caused by their relative’s death.
On the other hand, only the estate’s personal representative can bring a survival action. These lawsuits cover financial damages the deceased or their estate sustained—for example, final medical bills accrued before their passing.
Common recoverable damages could include:
- Lost financial support
- Mental anguish
- Loss of companionship
Despite understanding what makes up a wrongful death settlement, it is impossible to predict the outcome of these settlements with certainty. However, a knowledgeable attorney in Dallas could provide insight into what a negligent death case might be worth.
How Do Settlements Work?
Settlements are not uncommon in wrongful death cases. In many situations, there is little doubt about who was at fault. When the at-fault party’s negligence is not in dispute, settlement offers might come in quickly.
Of course, there are also times when the other side is unwilling to reach a settlement agreement, primarily when the other party refuses to accept liability for the death. Other times, the defendant might not settle due to the lack of financial resources. These cases are typically resolved at trial.
Settlements can happen at any stage of a wrongful death case. When there is little dispute over liability, the parties can reach a settlement long before a lawsuit is filed. In other cases, settlement negotiations may continue until the day of trial.
Who Pays These Settlements?
In many cases, wrongful death settlements are paid by insurance companies, which is common in situations like motor vehicle accidents or premises liability cases. The extent of insurance coverage will determine whether the insurer must pay for the victim’s damages.
When insurance coverage is unavailable, the defendant in the wrongful death lawsuit is directly responsible for the plaintiff’s injuries. Obtaining a judgment at trial is only one part of the process. A skilled Dallas attorney could assist with collecting a judgment against the defendant named in a wrongful death claim.
Reach out to an Attorney in Dallas to Discuss Wrongful Death Settlements
While many wrongful death cases ultimately settle, there is no guarantee that a fair offer will fall into your lap. In many cases, bringing these claims requires the work of dedicated legal counsel to push the other side into a reasonable settlement. Reach out today to discuss potential Dallas wrongful death settlements during an initial consultation with an attorney.