Texas Wrongful Death Attorneys

Losing a loved one is a heartbreaking experience that leaves surviving family members feeling lost and overwhelmed. When that loss results from the careless or wrongful actions of another, it’s even more challenging and complex to make peace with the loss.

Under the law, a wrongful death claim arises when someone’s death is caused by another person’s negligence or wrongful act. These lawsuits help provide financial compensation for the deceased’s surviving family members.

If you lost a loved one because of someone else’s negligence, the Texas wrongful death attorneys at DFW Injury Lawyers can help you seek damages against the at-fault parties by bringing a wrongful death claim or lawsuit.

What Is a Wrongful Death in Texas?

A wrongful death occurs when a person dies as a result of another party’s negligence, intentional acts, or wrongful conduct. The Texas Wrongful Death Act, found in Chapter 71 of the Texas Civil Practice and Remedies Code, governs these cases. It allows the surviving family members of the deceased to seek compensation for their losses from the responsible party.

Under the Texas Wrongful Death Act, certain family members, such as spouses, children, and parents, may potentially file a wrongful death lawsuit. This form of injury lawsuit seeks legal damages for the financial and emotional losses suffered by the surviving family members. These damages can include compensation for medical expenses, funeral costs, lost wages, loss of companionship, and more.

Common Causes of Wrongful Death in Texas

Losing a loved one is a devastating experience, especially when the death was preventable. At DFW Injury Lawyers, we understand what you and your family are facing. Our compassionate Texas wrongful death attorneys have guided many clients through the wrongful death process. Our goal is to take the legal burden off you to allow you to grieve with fewer worries.

Some of the most common situations we’ve seen that can cause wrongful death accidents in Texas include:

Truck Collisions, Motorcycle Crashes, and Car Accidents

Reckless or negligent driving frequently contributes to fatal motor vehicle accidents. Whether caused by a distracted driver, speeding, or driving under the influence, these incidents can result in devastating consequences for the victim and their loved ones.

Workplace Accidents

In some cases, negligence or inadequate safety measures in the workplace can lead to fatal accidents. Employment-related deaths may be caused by slip and fall accidents, construction accidents, and machinery malfunctions, among other situations. According to the US Bureau of Labor Statistics, 578 people died in a Texas workplace accident in one recent year.

Premises Liability Incidents

Property owners must maintain a safe environment for visitors. If someone dies because of unsafe conditions on someone else’s property (like a slip and fall or inadequate security), the deceased’s surviving family may pursue a wrongful death claim against the premises owner, renter, or manager.

Defective Products

Defective products, such as faulty machinery or malfunctioning medical devices, may cause fatalities. When manufacturers, distributors, or retailers fail to ensure the safety of their products, they may be liable for the resulting deaths.

Nursing Home Neglect

Unfortunately, elderly residents in nursing homes may experience neglect and abuse. Negligent acts such as medication errors, inadequate supervision, and not providing proper medical care may result in fatal injuries or medical complications.

Birth Injuries

Careless delivery practices during childbirth can cause devastating injuries or even the death of the baby or mother. Negligent actions by healthcare providers during prenatal care, labor, or delivery may justify a wrongful death case.

Fires

Fires quickly escalate into deadly disasters, often resulting in wrongful deaths. Negligence in fire prevention measures, lack of proper safety protocols, and not providing sufficient fire exits and alarms may contribute to these fatal incidents.

Who May Be Liable in a Wrongful Death Case in Texas?

Depending on the circumstances, our Texas wrongful death attorneys could determine that several parties may be liable for your loved one’s death. Potentially responsible parties might include individuals, institutions, companies, and other entities.

Examples of potentially liable parties in Texas wrongful death cases may include:

• An at-fault driver in a car accident
• A contractor in a workplace accident
• The property owner in a premises liability incident
• The manufacturer of a defective product
• A nursing home in a case of neglect or
• Medical professionals involved in a birth injury

A knowledgeable wrongful death attorney can help determine the parties that may be held liable in your case.

What is the Difference Between Wrongful Death and Homicide?

Wrongful deaths and homicide may sound similar, but these two legal concepts have distinct differences. Wrongful deaths refer to civil cases, where the family of the deceased person seeks financial compensation for their losses. In a wrongful death case, the family must meet the burden of proof known as a “preponderance of the evidence.” In general, the family must prove that someone else’s negligent or careless behavior caused their loved one’s death by more than 50% of the evidence.

Conversely, homicide is a criminal case brought by the state for the purpose of punishing the accused defendant for the death of a person. The prosecution must prove homicide charges beyond a reasonable doubt for the accused to be held responsible for the death. If the defendant is found guilty, they will be punished, but the surviving family members will likely not receive financial compensation.

While both types of cases involve the death of an individual, they differ in terms of the legal process and the desired outcomes. If you have more questions about the legal process or what you can expect in your case, reach out to the wrongful death lawyers near you in our DFW Injury Lawyers office for a free consultation.

How Is a Survival Claim Different From a Wrongful Death Claim?

A survival claim differs from a wrongful death claim because a survival action is only available if the injured person survives for a period of time before dying of their injuries. This legal claim focuses on the damages and losses the decedent could have requested on their own behalf if they had lived.

A survival claim allows the deceased person’s estate to pursue compensation for the pain, suffering, medical expenses, and other damages the decedent endured just before their death. This is different from a wrongful death claim where the deceased’s surviving family members are seeking damages for their own losses which may include the loss of financial support, companionship, and related emotional distress.

How Does a Wrongful Death Lawsuit Work?

When considering filing a wrongful death lawsuit, it’s crucial to speak with one of our wrongful death attorneys as soon as possible. A qualified Texas wrongful death lawyer can guide you through the legal process and handle your case with care.

Typically, the plaintiff files the lawsuit in the court that has jurisdiction over the case. This is likely the county where the incident occurred or where the defendant resides or does business.

A settlement may be possible through negotiations with the responsible party or their insurance company. In a settlement, the defendant offers compensation in exchange for the family members giving up the right to pursue any future claims. If negotiations do not result in a settlement, the case typically proceeds to court.

During the litigation process, both sides gather evidence, call witnesses to testify about relevant facts and observations, and present their arguments. The wrongful death attorneys at DFW Injury Lawyers can work hard to build a strong case on your behalf to prove the other party’s liability clearly and convincingly. If successful, the court or jury determines the amount of compensation you will receive.

What Are the Texas Wrongful Death Statute of Limitations?

Knowing the statute of limitations is crucial when filing a wrongful death lawsuit in Texas. Typically, there is a two-year deadline for filing a Texas wrongful death lawsuit, starting from the date of the individual’s passing. However, certain circumstances may extend the two-year deadline. Examples include cases with an unknown defendant or when the next of kin has a mental or physical condition impeding them from filing within the standard timeframe.

Who Can Sue for a Wrongful Death in Texas?

In Texas, only close family members can sue for wrongful death. Typically, the spouse, children, or parents of the deceased may file a wrongful death lawsuit. A knowledgeable Texas wrongful death lawyer can explain who has the right to bring a claim in your unique circumstances.

What Damages Are Available in a Wrongful Death Lawsuit?

Your Texas wrongful death lawyers may pursue multiple forms of compensation on your behalf for the financial, emotional, and personal losses you and your family suffered because of the wrongful death.

Types of damages available in a wrongful death lawsuit often include:

Economic Damages

Economic damages cover the financial losses experienced by the family members because of the wrongful death. These damages might include compensation for lost wages, both past and future that the deceased would have earned for the family had they lived.

Funeral costs may also qualify as economic damages if they were paid by the family. Additionally, economic damages account for the loss of inheritance and any past or future household monetary assistance that would have been provided by the deceased.

Non-Economic Damages

Non-economic damages focus on the emotional toll and intangible losses endured by the family members. Non-economic damages include the loss of companionship, both romantic and non-romantic, the deceased would have provided, as well as pain and suffering.

These damages recognize the significant impact the loss of a loved one has on the emotional well-being and quality of life of the beneficiaries.

Punitive Damages

Punitive damages are meant to punish the responsible party for their wrongful actions and deter similar conduct in the future. In Texas, punitive damages fall under the category of exemplary damages and can be very difficult to prove.

Texas Wrongful Death Case Outcome Summary

The outcome and potential settlement for every wrongful death lawsuit varies depending on the details of the case. To maximize your chances of receiving fair compensation, a results-driven wrongful death lawyer near can who fight for your rights and pursue the full range of potential damages. Reach out to the tenacious injury attorneys at DFW Injury Lawyers today to learn specifically how we can help.

What Is the Texas Wrongful Death Damages Cap?

The Texas wrongful death damages cap varies depending on the manner of death. For medical malpractice cases, a cap of $250,000 per defendant and a maximum total of $500,000 exists. Also, punitive damages are capped at $200,000, but only when economic damages aren’t awarded.

In some cases, punitive damages may cap at double the economic losses combined with an equal number of non-economic damages, not exceeding $750,000. As you can see, determining the amount of damages you may receive is complicted. Consult with a knowledgeable wrongful death attorney for help understanding how the damages cap may apply in your specific case.

How Can the Texas Wrongful Death Attorneys at DFW Injury Lawyers Help You?

The best Texas wrongful death lawyers can play a crucial role in helping you navigate the legal process and fight for justice after the loss of your loved one.

Key tasks a wrongful death attorney can handle on your behalf include:

• Connect With Resources in Local Community: Local wrongful death lawyers may be able to connect you with resources and support groups in your community that provide emotional support during this difficult time.
• Gather Evidence Including Witness Testimony: Our legal team will investigate the circumstances surrounding your loved one’s death. Often, we’ll gather evidence and interview witnesses to build a strong case. This involves reviewing medical records, accident reports, and other relevant documentation that help prove liability.
• Prove Negligence: Wrongful death attorneys must prove negligence by the responsible party to recover compensation. We do this by gathering evidence and consulting with experts. Ultimately, we must present a strong case that shows the defendant’s actions or lack of actions caused the wrongful death.
• File a Wrongful Death Lawsuit: Our attorneys can also file a wrongful death lawsuit on your behalf. We will handle all the necessary paperwork, ensuring that everything is filed correctly and within the appropriate deadlines.
• Negotiate With Insurance: If the responsible party or their insurance company offers a settlement, we can expertly negotiate for fair compensation. Our lawyers will protect your rights and advocate for your best interests throughout the negotiation process.
• Represent You in Court (if needed): If a fair settlement cannot be reached through negotiations, our skilled litigation attorneys can take your case to trial. A dedicated wrongful death lawyer will stand by your side as your legal representative and fight for a favorable verdict. We will present evidence, cross-examine witnesses, argue on your behalf, and fight for a favorable outcome.

Texas Wrongful Death Cases: FAQs

How can I find a lawyer to handle my wrongful death case?

When seeking justice and compensation for the wrongful death of your loved one, finding the right lawyer is crucial. Look for a qualified attorney who is well-versed in local wrongful death laws and regulations with a proven track record of success.

The nationally recognized wrongful death attorneys at DFW Injury Lawyers stand ready to help during this difficult time. We have earned a reputation for providing survivors with fierce representation and high-quality legal services. Our experienced lawyers can help you navigate the complexities of the legal system and pursue the justice and compensation you deserve.

How long does a wrongful death lawsuit take?

The duration of a wrongful death lawsuit varies greatly depending on the complexity of the case, the cooperation of the parties involved, and the court’s schedule.

Some wrongful death cases are resolved through a settlement within months, while others require litigation and go on for years. Consult with a knowledgeable wrongful death attorney who can provide a realistic timeline based on the details of your case.

How much does it cost to hire a Texas wrongful death lawyer?

Wrongful death lawyers typically work on a contingency basis, meaning they only get paid if they successfully resolve your case. With a contingency fee arrangement, individuals who may not have the financial resources to pursue a wrongful death case may still seek justice for their loved one’s passing.

The lawyer receives a percentage of the settlement or verdict amount. This arrangement alleviates any financial burden upfront, so you can focus on healing and moving forward.

Contact Our Texas Wrongful Death Attorneys for Guidance

If you experienced the tragic loss of a loved one because of someone else’s negligence or wrongful actions, reach out to the skilled and compassionate wrongful death attorneys in our Texas offices.

At DFW Injury Lawyers, we understand the immense emotional and legal challenges grieving families face. Our dedicated team fights for the justice and compensation you deserve while providing compassion and support during this difficult time.

Contact DFW Injury Lawyers today for a free legal consultation and learn how our dedicated Texas wrongful death lawyers can help your family recover the compensation you deserve. Call us at (972) 440-2320 or complete our contact form today.