Losing a loved one is one of the hardest things anyone can experience. When that loss is caused by someone else’s negligence or wrong actions, the pain can feel even more unbearable. Beyond your grief, you may be left wondering how to hold the responsible party accountable and how to secure your family’s future. At DFW Injury Lawyers, our Arlington wrongful death lawyer is here to support you every step of the way.
We understand that no legal action can truly heal the emotional wounds caused by your loss. However, pursuing justice can help provide closure and ensure your family has the financial resources needed to move forward. Our compassionate and dedicated legal team will fight tirelessly for you, treating your case as if it were our own.If you’re ready to discuss your case, reach out to DFW Injury Lawyers today for a free, no-obligation consultation. We’ll listen to your story, guide you through your legal options, and pursue the justice your loved one deserves.
Arlington wrongful death Guide
- Why Choose DFW Injury Lawyers for Your Arlington Wrongful Death Case
- What is a Wrongful Death?
- Common Causes of Wrongful Death
- Do I Have a Wrongful Death Case?
- Who Can Bring a Wrongful Death Case in Arlington, Texas?
- What Damages Are Available in an Arlington, TX Wrongful Death Case?
- Wrongful Death Claims vs. Survival Actions in Texas
- What is the Statute of Limitations for Filing a Wrongful Death Claim in Arlington, Texas?
- How Can a Wrongful Death Attorney Help with My Case?
- Contact Our Trusted Arlington Wrongful Death Lawyers at DFW Injury Lawyers Today
Why Choose DFW Injury Lawyers for Your Arlington Wrongful Death Case
Taking legal action after a wrongful death can feel daunting. The experienced lawyers at DFW Injury Lawyers are here to shoulder the legal burden so you can focus on what truly matters.
Here are a few reasons families across Arlington trust us to fight for them during their most difficult moments:
- Proven Success
Thanks to our extensive experience in personal injury law, we’ve recovered over half a billion dollars for clients throughout Texas. Our results speak to our commitment and capability when it comes to securing justice. - Compassionate, Client-Centered Approach
We know that behind every case is a grieving family. That’s why we’re dedicated to treating you with the care and empathy you need. You’ll work directly with our lawyers, who will take the time to understand your unique situation and tailor a plan to meet your goals. - Trial-Ready Attorneys
While some firms may push for fast, lowball settlements, we pride ourselves on preparing each case as if it is going to trial. If negotiation fails, we are fully prepared to fight for your rights in court.
Choosing the right attorney is an important step in your pursuit of justice. With DFW Injury Lawyers, you’ll have a dedicated ally who is ready to fight relentlessly on your behalf.
What is a Wrongful Death?
A wrongful death occurs when someone loses their life due to the negligent, careless, or intentional actions of another person, business, or entity. Unlike criminal cases, wrongful death claims are civil matters focused on securing financial compensation for the surviving family members.
Pursuing a wrongful death lawsuit allows families to seek justice for their loved one while holding the responsible party accountable. It also provides much-needed financial relief that can help cover medical bills, funeral expenses, and the loss of income and support.
Common Causes of Wrongful Death
Wrongful deaths can happen in many different ways, often when an individual or entity fails to act responsibly. Some of the most common causes include:
- Vehicle Accidents
Car, truck, and motorcycle accidents caused by reckless, distracted, or intoxicated drivers are a leading cause of wrongful death claims. - Medical Malpractice
When healthcare providers make serious mistakes, such as misdiagnoses, surgical errors, or medication errors, the consequences can be fatal. - Workplace Accidents
Unsafe working conditions, lack of proper training, and defective equipment can lead to tragic fatalities on job sites, especially in industries like construction and manufacturing. - Defective Products
Faulty consumer products, including dangerous drugs, malfunctioning machinery, or defective vehicles, often result in preventable deaths. - Premises Liability Incidents
Property owners who fail to address hazardous conditions, like unsecured pools or structural dangers, can be held liable for fatal accidents on their premises.
Every wrongful death case is unique, and identifying the specific cause is an important step in crafting a strong legal claim.
Do I Have a Wrongful Death Case?
At the heart of every wrongful death case is negligence. Most personal injury and wrongful death lawsuits rely on proving that the defendant’s actions, or lack of actions, directly led to the loss of your loved one. But what exactly is negligence?
Negligence means failing to exercise reasonable care, resulting in harm to another person. To bring a successful wrongful death lawsuit in Arlington, your attorney must establish these four elements of negligence:
- Duty of Care
The defendant owed your loved one a duty of care. For example, drivers have a duty to follow the rules of the road, and property owners must maintain a safe environment for visitors. - Breach of Duty
The defendant breached their duty through actions or inactions. This could include speeding, ignoring safety protocols, or failing to warn about a known hazard. - Causation
The breach of duty directly caused the fatal accident. Simply proving negligence isn’t enough; you must show clear evidence that the defendant’s actions were directly responsible for your loved one’s death. For instance, a driver running a red light and causing a fatal crash would establish causation. - Damages
The death of your loved one resulted in measurable losses to your family, such as medical bills, funeral expenses, lost income, or emotional pain.
An experienced Arlington wrongful death attorney at DFW Injury Lawyers can help you determine whether you have a valid case. We’ll take the time to evaluate your situation, explain Texas wrongful death laws, and map out the path forward for your claim.
Who Can Bring a Wrongful Death Case in Arlington, Texas?
Only certain family members have the legal right to file a wrongful death lawsuit in Texas. According to the Texas Wrongful Death Act, the following individuals may bring a claim:
- Surviving Spouse
If you were legally married to the deceased at the time of their death, you have the right to file a wrongful death lawsuit. - Children
Biological and adopted children of the deceased, regardless of age, are eligible to pursue a claim. - Parents
Both biological and adoptive parents can file a lawsuit on behalf of their child who has passed away.
When there are no surviving spouse, children, or parents, the executor or administrator of the deceased’s estate may bring a survival action on behalf of the estate.
It’s also worth noting that if multiple family members (such as a spouse and children) are eligible, any one of them may file the claim on behalf of all parties. Compensation awarded in a successful case will be divided among the family members according to their specific losses.
If you’re unsure whether you or another loved one has the right to pursue a wrongful death case, our attorneys can provide clear and compassionate advice to help you determine your next steps.
What Damages Are Available in an Arlington, TX Wrongful Death Case?
When a loved one’s life is tragically cut short due to someone else’s negligence, no amount of money can truly fill the void left behind. However, pursuing a wrongful death claim in Arlington can help ease the financial burdens your family faces and provide justice for your loved one’s untimely passing. Texas law allows families to recover compensation for both economic and non-economic damages, which may include the following:
- Economic Damages: These refer to financial losses your family incurs as a result of the death, such as:
- Funeral and burial costs
- Lost income and future earnings
- Value of household services the deceased provided to the family
- Loss of inheritance
- Non-Economic Damages: These address the more intangible impacts of your loss, such as:
- Emotional pain and suffering of surviving family members
- Loss of companionship, guidance, and support
- Loss of consortium (for spouses)
- Exemplary Damages: If the death was caused by gross negligence or intentional misconduct, the court may award additional punitive damages to penalize the wrongdoer and deter similar behavior.
Calculating damages is a complex process, as it involves assessing both tangible financial losses and the deeper, emotional toll on your family. An experienced wrongful death attorney at DFW Injury Lawyers will fight to ensure that you and your family receive the full compensation you deserve.
Wrongful Death Claims vs. Survival Actions in Texas
While wrongful death claims and survival actions both arise from a loved one’s untimely passing, they serve different purposes and provide distinct types of compensation under Texas law.
Wrongful Death Claims
A wrongful death lawsuit seeks to compensate surviving family members for the damages they’ve suffered due to their loved one’s death. The focus is on the losses experienced by the family, which can include funeral costs, lost income, emotional pain, and the loss of companionship or support. Only certain relatives, such as spouses, children, and parents, are eligible to file a wrongful death claim.
Survival Actions
A survival action, on the other hand, seeks to compensate for the losses and suffering experienced by the deceased before their death. Essentially, it allows the deceased’s estate to pursue claims the individual could have brought if they had survived. This might include medical expenses, lost income, and pain and suffering endured by the deceased between the time of the injury and their passing.
Key Differences
- Wrongful death claims focus on the family’s losses, while survival actions focus on the deceased’s losses.
- Wrongful death damages are distributed directly to surviving family members, while survival action damages are paid to the deceased’s estate for distribution according to the will or local intestacy laws.
Both claims can often be pursued together to ensure full accountability for the harm caused. An experienced wrongful death lawyer in Arlington can explain which type of legal action applies to your case and guide you through the process.
What is the Statute of Limitations for Filing a Wrongful Death Claim in Arlington, Texas?
If you’re considering filing a wrongful death lawsuit, it’s crucial to act quickly, as wrongful death cases are subject to strict deadlines known as the statute of limitations. These laws determine the amount of time you have to file a claim after your loved one’s death.
In Texas, the statute of limitations for a wrongful death claim is two years from the date of the deceased’s passing. Missing this deadline typically means losing your legal right to pursue compensation altogether, no matter how strong your case might be.
However, certain circumstances might affect this one-year window, and it’s always best to consult with an experienced wrongful death attorney as soon as possible. At DFW Injury Lawyers, we’ll ensure every critical deadline is met, giving you the best possible chance of securing justice for your loved one.
How Can a Wrongful Death Attorney Help with My Case?
Partnering with a trusted wrongful death attorney can make all the difference in your case. At DFW Injury Lawyers, we are here to guide you through this challenging time and fight for the justice and compensation your family deserves.
Here’s how we can help with your wrongful death case:
- Comprehensive Investigation
Our attorneys will thoroughly investigate the circumstances surrounding your loved one’s death. We’ll gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf. - Identify All Liable Parties
From individuals to corporations, we’ll determine every party responsible for your loved one’s death and take legal action to hold them fully accountable. - Handle Complicated Legal Processes
Wrongful death cases involve complex legal issues, such as proving negligence and calculating damages. Our skilled team knows how to navigate these challenges and will handle all paperwork, communications, and filings for you. - Negotiate for Maximum Compensation
We’ll work to secure a settlement that fully reflects the economic and emotional losses you’ve endured. If a fair offer isn’t on the table, we are always prepared to take your case to trial. - Provide Compassionate Support
You’re not just a case to us; you’re a grieving family that deserves justice. We’ll treat you with the respect and empathy you need during this difficult time, ensuring you feel supported throughout the process.
Our goal is to allow you and your family to focus on healing while we fight relentlessly to secure justice and fair compensation on your behalf.
Contact Our Trusted Arlington Wrongful Death Lawyers at DFW Injury Lawyers Today
The loss of a loved one is a devastating experience, and no family should bear the additional burden of financial insecurity on top of their grief. At DFW Injury Lawyers, your trusted Arlington Personal Injury Lawyer, we understand the challenges you’re facing, and we’re here to help. With years of experience successfully handling wrongful death cases, we’ve recovered significant compensation for families in need.
We’re committed to treating every case with the care, dedication, and persistence it deserves. Whether through skillful negotiation or aggressive litigation, we’ll fight to secure the justice and resources your family needs.
Contact our team today at (972) 441-5244 or through our online form for a free, no-obligation consultation. Your family deserves justice. Allow DFW Injury Lawyers to stand in your corner and fight for the answers and compensation you need to move forward.