The loss of a family member is a devastating event that alters your life in an instant. When that loss happens because of another's negligence, it adds a layer of injustice to the grief. You are left with questions, financial worries, and a need for answers and accountability. An Arlington wrongful death lawyer can help you find a path forward.
Your family’s future stability is the priority. We focus on the legal complexities so you can focus on healing. If you are facing the consequences of a loved one's wrongful death, contact the team at DFW Injury Lawyers for a free consultation at (972) 441-5244.
Why Choose DFW Injury Lawyers for Your Wrongful Death Claim
You need a firm that not only has a deep familiarity with Texas law but also has a real connection to the Arlington community. We’re not a distant national firm; we’re your neighbors, committed to serving families right here in Tarrant County.
Our Connection to Arlington
Our attorneys are familiar with the challenges that residents face, from traffic dangers on I-20 and Highway 360 to workplace incidents in the Great Southwest Industrial District. Our local presence gives us a distinct perspective on the specific circumstances that lead to fatal accidents in our city.
We serve clients across Arlington, from the neighborhoods of Viridian and Interlochen to the communities surrounding UTA and the Entertainment District.
A Record of Dedicated Advocacy
Our firm is built on a foundation of client-focused representation. We dedicate the full weight of our resources and experience to each case we accept. 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.
We Anchor Your Case in Evidence
A successful wrongful death claim rests on a solid foundation of proof. We employ a rigorous investigative process to unearth all critical evidence. This includes accident reconstruction reports, witness statements, corporate records, and expert testimony.
We layer this evidence to build a compelling narrative that clearly establishes liability. Contact DFW Injury Lawyers to discuss your case by calling (972) 441-5244 today.
Who Is Eligible To File a Wrongful Death Claim in Texas?
Texas law specifies exactly who has the legal standing to pursue a wrongful death action. The law limits this right to the closest surviving family members. The at-fault party's lawyers may challenge your right to file, making it vital to have clear legal guidance.
According to the Texas Civil Practice and Remedies Code, only three groups of people can file this type of lawsuit:
- 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.
These individuals can file the claim alone or together as a group. If none of these eligible relatives file a claim within three months of the death, the executor of the deceased's estate can file the action instead. A skilled Arlington wrongful death lawyer can help you determine your eligibility.
A Survival Action in Conjunction With Your Claim
A wrongful death lawsuit compensates eligible family members for their own personal losses. A related but separate claim, called a survival action, may also be possible. A survival action seeks to recover damages for the pain and suffering the deceased person experienced before their death.
Survival actions are filed on behalf of the estate. Any compensation recovered goes to the estate and is distributed according to the deceased’s will or state succession laws. These are distinct legal actions with different goals.
DFW Injury Lawyers can analyze the facts of your case to see if both a wrongful death claim and a survival action apply.
How Your Arlington Wrongful Death Lawyer Establishes Negligence in a Fatal Accident
The core of a successful claim is proving that another party's negligence or wrongful act caused your loved one's death. This means you must show that the responsible party failed to act with reasonable care, leading to the fatal incident.
Our team works to demonstrate the four key 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.
Common Causes of Wrongful Death in DFW
Wrongful death can stem from various types of accidents and intentional acts. We have seen firsthand how a moment of carelessness can permanently affect a family. Our Arlington wrongful death lawyers investigate all kinds of fatal incidents.
Common examples include:
- Commercial Truck Accidents: Collisions with 18-wheelers on major highways like I-30 or U.S. 287 often involve complex factors like driver fatigue, improper loading, or poor vehicle maintenance.
- Car and Motorcycle Crashes: Distracted driving, drunk driving, and speeding in busy areas like the Cooper Street corridor or near The Parks Mall at Arlington can lead to tragic outcomes.
- Bicycle and Pedestrian Collisions: Cyclists and pedestrians are extremely vulnerable to negligent drivers. Fatal incidents often occur at Arlington crosswalks, intersections, or on busy roads like Cooper Street when a driver is distracted, speeding, or fails to yield the right-of-way.
- Workplace Accidents: Incidents at construction sites, warehouses, and manufacturing plants can occur due to a lack of safety equipment, insufficient training, or other employer-based negligence.
- Premises Liability Incidents: Property owners have a duty to keep their premises safe. Fatal slip-and-falls or attacks resulting from negligent security can be the basis of a wrongful death claim.
Recovering Damages in a Texas Wrongful Death Case
No amount of compensation can replace your loved one. The legal system, however, provides a way to secure financial stability for your family moving forward. Texas law allows you to seek recovery for both the economic and non-economic losses you have suffered.
An experienced Arlington wrongful death lawyer can help you document and pursue these damages.
Economic Damages
We calculate these tangible financial losses with documents like receipts, pay stubs, and expert financial analysis.
You may recover compensation for:
- Lost Earning Capacity: You may recover the income the deceased would have been reasonably expected to earn and contribute to the family throughout their life.
- Loss of Inheritance: Your claim may address the value of the assets the deceased would have likely accumulated and left to the family as part of their estate.
- Lost Household Services: You may seek compensation for the monetary value of the deceased's services, such as childcare, home maintenance, and financial management.
- Funeral and Burial Costs: Compensation may cover the reasonable expenses for the funeral and burial services.
Non-Economic Damages
These damages compensate for the profound personal and emotional losses your family has experienced. Though they don’t have a specific price tag, they’re genuine, and the law recognizes their significance.
These may include:
- Mental Anguish: Compensation may address the emotional pain and suffering experienced by the surviving family members.
- Loss of Companionship and Society: This compensation is for the loss of the deceased’s love, comfort, and companionship.
- Loss of Consortium: This specific claim is for the loss of the unique aspects of a marital relationship.
Exemplary Damages
In some cases where the defendant's actions were particularly egregious, you may be able to pursue exemplary damages. These are not meant to compensate you for a loss but to punish the wrongdoer and deter similar conduct in the future.
Texas law requires a high standard of proof, showing the defendant acted with gross negligence or malice. Our firm can analyze whether the facts of your case support this type of claim.
The Texas Statute of Limitations for Wrongful Death Claims
The law sets a firm deadline for filing a wrongful death lawsuit in Texas called the statute of limitations. In most cases, you have two years from the date of your loved one's death to file a claim. Waiting too long can permanently bar you from seeking compensation.
The two-year window seems long, but building a strong case takes time. Your Arlington wrongful death lawyer needs ample opportunity to investigate the incident, gather evidence, and unearth all relevant facts before filing.
Some exceptions can change the two-year deadline. Contacting an attorney soon after your loss helps preserve your legal rights and allows for a thorough investigation while evidence and witness memories are still fresh. Let a DFW Injury Lawyers professional solidify your path to justice.
How DFW Injury Lawyers Builds Your Arlington Wrongful Death Claim
Our approach is methodical and built on a foundation of diligence. We recognize that the opposing side—whether it's an insurance company or a corporate legal team—will look for any weakness or fracture in your case.
Our job is to construct a claim that is solid from every angle. An Arlington wrongful death lawyer from our firm handles all aspects of your case.
This includes:
- Comprehensive Investigation: We immediately act to preserve evidence. This can involve sending spoliation letters to prevent defendants from destroying records, dispatching investigators to the scene, and identifying all potential defendants.
- Expert Collaboration: We work with a network of respected experts to strengthen your claim. This includes accident reconstructionists who can show how a crash occurred, medical experts who can explain the cause of death, and economists who can calculate the full extent of your financial losses.
- Clear Communication: We believe you have a right to be informed about the progress of your case. Our team keeps you updated on important developments and is always available to answer your questions, so you never feel left in the dark.
- Aggressive Advocacy: We prepare every case for the courtroom. This level of preparation demonstrates our commitment and seriousness to insurance companies and their lawyers, which often facilitates more favorable settlement offers. We’ll take your case to trial if a fair offer isn’t made.
FAQ for Arlington Wrongful Death Lawyer
What Is the Difference Between a Wrongful Death Claim and a Criminal Case?
A wrongful death claim is a civil lawsuit filed by surviving family members seeking monetary compensation for their losses. On the other hand, the state brings a criminal case to punish a wrongdoer for breaking the law.
A person can be subject to both a civil claim and criminal charges for the same act, and the outcomes are independent of each other.
How Does an Arlington Wrongful Death Attorney Prove Negligence?
Proving negligence requires demonstrating that the at-fault party had a responsibility to act safely, failed in that responsibility, and that this failure directly caused your loved one's death. Our team works to unearth the proof needed to anchor your claim.
This involves gathering witness testimony, expert analysis, physical evidence, and documents to create a clear picture of what happened and who was responsible.
What if My Loved One Was Partially at Fault for the Accident?
Texas follows a modified comparative fault rule, which means that as long as your loved one was 50% or less at fault for the accident that led to their death, you can still recover damages. The amount of your recovery, however, will be reduced by your loved one’s percentage of fault.
What Is the Average Settlement for a Wrongful Death Lawsuit?
There is no average settlement amount because every case is unique. The value of a claim depends on many factors, including the deceased’s age and earning capacity, the facts of the accident, the number of eligible survivors, the strength of the evidence, and the available insurance coverage.
An attorney can evaluate these specific factors to determine a fair value for your claim.
Who Pays for the Wrongful Death Settlement or Verdict?
In most cases, compensation comes from the at-fault party's insurance policy. For a car accident, this is typically an auto insurance policy; for a workplace accident, it could be a commercial liability policy.
If the at-fault party is uninsured or underinsured, or if the damages exceed policy limits, it may be possible to pursue compensation from their personal assets or from your own Uninsured/Underinsured Motorist (UM/UIM) coverage.
Building Your Foundation
A wrongful death claim is about more than financial recovery; it’s about establishing accountability for the actions that fractured your family. It's a way to honor your loved one by seeking the full measure of justice available under the law.
DFW Injury lawyers provides the resolute advocacy and foundational support you need during this incredibly difficult time. Let our firm help you secure the stability your family needs to move forward.
Call one of our Arlington personal injury lawyers today for a free, no-obligation consultation to discuss your case. Contact us at (972) 441-5244.