Dallas Wrongful Death Lawyer

Wrongful death lawsuits cover a wide range of deadly occurrences, from minor vehicle accidents to complex medical malpractice or product liability cases. Individuals, businesses, and government agencies can be held legally liable for acting negligently (failing to act as a reasonable person would) or purposefully.

Some of the most common causes of wrongful death include:

Unlike other personal injury lawsuits, wrongful death cases add the wrinkle of having to figure out who has grounds to bring a claim. In other words, because the person who was injured is deceased, how do you prevent everyone in the world from claiming they are entitled to the proceeds of the lawsuit? Determining who is eligible to bring a wrongful death suit is called determining standing for the real parties in interest.

A wrongful death case is typically for the sole benefit of the deceased’s surviving spouse, children (including legally adopted children), and parents. Other relatives and loved ones, such as grandparents, siblings, cousins, and romantic partners, are not usually eligible for compensation.

If none of the surviving relatives who are eligible to bring the case do so within three months of their loved one’s death, the executor or administrator of the decedent’s estate generally can. Family members who would be eligible to bring a claim but have not done so can request that the executor not proceed with a lawsuit if they do not wish to pursue a case.

In Texas, the surviving spouse, children, parents, or the estate’s representative have two years from the date the action accrues to file a wrongful death claim under Section 16.003(b). The date in which the cause of action arises is usually the day on which your loved one died, but this is not always the case.

There are a number of circumstances that can cause the statute of limitations for wrongful death to be delayed or paused. If it has been more than two years after your loved one died, an analysis will be needed to see if your case applies for one of the exceptions. Our Dallas wrongful death attorneys can determine whether you can proceed with a claim, but in general, you should reach out as soon as possible to minimize the possibility of missing a deadline.

Proving a wrongful death claim in Texas requires establishing several key elements to meet the burden of proof. First, you must be able to demonstrate that your loved one’s death occurred due to the negligence, recklessness, or intentional act of another party. This often involves gathering substantial evidence, such as medical records, eyewitness testimony, and expert opinions that establish a direct connection between the responsible party's actions and the death. Specifically, you will need to show the responsible party owed your loved one a duty of care, that they breached that duty of care, and that breach led to the fatal injuries.

Then, you must show that you, surviving family members, and/or the deceased’s estate have suffered quantifiable damages as a result of the death. These damages could include medical expenses incurred before the deceased's passing, funeral and burial costs, loss of financial support, loss of companionship, and emotional distress.

Our team at MR.LAW Accident & Injury Attorneys understand how to prove the elements needed to win a wrongful death case in Texas. We can also help thoroughly document your damages so that you receive the full and just compensation you and your family deserve.

A wrongful death claim allows eligible survivors of the deceased a path to recover damages from the responsible party. These damages are designed to compensate the surviving family members for the various tangible and intangible losses they have suffered due to the wrongful death of their loved one.

The surviving family members may be entitled to compensation for many types of damages, including:

When you’ve suffered the loss of a beloved family member or spouse, there’s little that can make up for your wounds. The effects of such a personal loss may be felt in all aspects of your life. The psychological pain can be excruciating, and the financial strain can be difficult to bear.

In some cases, however, filing a wrongful death lawsuit may bring you a measure of peace, as well as security regarding your financial future. This is especially true when no crime is committed and there is no justice to be found in the criminal courts.

Even if the defendant did commit a crime, the prosecutor’s primary goal is to uphold the law – not to ensure that you receive fair compensation. A personal injury lawyer, on the other hand, can strive to secure financial recovery on your behalf.