Dallas Wrongful Death Lawyer

Losing a loved one is an unimaginable tragedy, especially when someone else’s negligence or wrongdoing caused their death. During this devastating time, you need a compassionate and experienced Dallas wrongful death lawyer who will fight for justice on behalf of your loved one.

At DFW Injury Lawyers, we understand the immense grief and challenges you face, and we’re here to provide the legal guidance and support you need to hold those responsible accountable. While no amount of compensation can ever replace your loved one, pursuing a wrongful death claim can help ease financial burdens and bring a sense of closure.

Why Choose DFW Injury Lawyers for Your Dallas Wrongful Death Claim?

When choosing a Dallas wrongful death lawyer, you need a law firm with the experience, resources, and dedication to handle your case with the utmost care and professionalism.

At DFW Injury Lawyers, our attorneys have a proven track record of successfully representing numerous families in wrongful death cases, securing significant settlements and verdicts on their behalf. We have the knowledge and skills to navigate complex legal matters and fight for the compensation you deserve.

We understand this is an incredibly difficult time for you and your family. Our team will treat you with the compassion, respect, and sensitivity you need during this challenging period.

 

Wrongful death cases often require thorough investigations, expert witnesses, and substantial evidence gathering. Our firm has the resources necessary to build a strong case on your behalf, ensuring that no stone is left unturned in our pursuit of justice.

We believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis, meaning you won’t owe us any legal fees unless we secure compensation for you.

Don’t navigate this difficult time alone. Contact DFW Injury Lawyers today to schedule a free, no-obligation consultation with one of our compassionate Dallas wrongful death lawyers. Let us fight for the justice and compensation your family deserves.

What is Wrongful Death?

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another individual or entity. In legal terms, a wrongful death is a civil matter that allows the surviving family members to seek compensation for their losses.

In a wrongful death lawsuit, the family members must prove that the defendant’s actions or negligence directly caused the death of their loved one. If successful, the court may award damages to compensate the family for their losses and hold the responsible party accountable for their actions.

Examples of Wrongful Death

Some common examples of incidents that may lead to wrongful death claims include:

• Fatal car accidents caused by negligent or reckless drivers
• Medical malpractice resulting in patient death
• Workplace accidents due to unsafe conditions or lack of proper safety equipment
• Defective products that cause fatal injuries
• Criminal acts, such as assault or murder

Wrongful Death vs. Homicide

Wrongful death and homicide are both legal terms that refer to the death of a person caused by another party, but they differ in terms of the type of legal action taken and the nature of the act that led to the death.

Wrongful Death

• Wrongful death is a civil matter, meaning that the family members of the deceased file a lawsuit against the responsible party.
• The purpose of a wrongful death claim is to seek financial compensation for the losses suffered by the family as a result of their loved one’s death.
• Wrongful death cases are based on negligence, recklessness, or intentional actions that lead to the death of a person.
• The standard of proof in a wrongful death case is “preponderance of the evidence,” meaning that the plaintiffs must prove that the defendant’s actions more likely than not caused the death.
• If successful, the court awards damages to the family, but the defendant does not face criminal charges or jail time.

Homicide

• Homicide is a criminal matter, meaning that the state brings charges against the person responsible for the death.
• The purpose of a homicide case is to hold the perpetrator criminally responsible and to seek justice through punishment, such as imprisonment.
• Homicide refers to the deliberate and unlawful killing of one person by another, including murder and manslaughter.
• The standard of proof in a homicide case is “beyond a reasonable doubt,” meaning that the prosecution must prove that the defendant committed the crime with a high degree of certainty.
• If convicted, the defendant faces criminal penalties, such as jail time or, in some cases, the death penalty.

In some situations, a single death may result in both a criminal homicide case and a civil wrongful death lawsuit. The O.J. Simpson case is a famous example, where a jury acquitted him of murder charges in his criminal case but found liable for wrongful death in the civil case brought by the victims’ families.

Who Can Bring a Dallas Wrongful Death Claim?

In Texas, the right to file a wrongful death claim is governed by the Texas Wrongful Death Act.

According to this law, the following individuals may bring wrongful death claims:

• Surviving spouse: The legally married partner of the deceased at the time of death.
• Children: The biological and legally adopted children of the deceased, regardless of age.
• Parents: The biological and adoptive parents of the deceased.

These individuals are called the statutory beneficiaries and the law gives them the primary right to file a wrongful death claim. If none of these relatives exist or if they choose not to file a claim within three months of the death, the executor or administrator of the deceased’s estate may bring a survival action on behalf of the estate.

In cases where there are multiple statutory beneficiaries, such as a surviving spouse and children, any one of them can file the claim on behalf of all the beneficiaries. The damages awarded in a successful wrongful death claim will be divided among the beneficiaries according to their relation to the deceased and the extent of their losses.

What Compensation is Available in a Dallas Wrongful Death Lawsuit?

In a Dallas wrongful death lawsuit, the compensation awarded is meant to cover the losses suffered by the surviving family members due to the untimely death of their loved one. The damages available in a wrongful death claim can be categorized into two main types: economic damages and non-economic damages.

Economic Damages

Documentation can quantify and prove these tangible financial losses. Examples include:

• Funeral and burial costs
• Lost income and benefits the deceased would have earned had they lived
• Loss of inheritance
• Value of household services the deceased provided

Non-Economic Damages

These are intangible losses that are more difficult to quantify but are equally important. Examples include:

• Mental anguish and emotional suffering experienced by the surviving family members
• Loss of companionship, love, and support
• Loss of parental guidance and nurturing for children
• Loss of consortium for the surviving spouse

In some cases where the defendant’s conduct was grossly negligent or intentional, the court may also award exemplary damages, also known as punitive damages. These damages punish the defendant for their egregious behavior and deter others from engaging in similar conduct.

The amount of compensation awarded in a wrongful death lawsuit depends on various factors, such as the age and health of the deceased, their earning capacity, the nature of the relationship with the surviving family members, and the circumstances surrounding the death.

Wrongful Death Claims vs. Survival Actions

Wrongful death claims and survival actions are two distinct types of legal actions that can be brought in Texas when someone dies due to the negligence or wrongful conduct of another party. While both types of claims arise from the same incident, they serve different purposes and provide compensation for different kinds of losses.

Wrongful Death Claims

• Purpose: Compensate the surviving family members for their losses suffered as a result of their loved one’s death.
• Who can file: Statutory beneficiaries (surviving spouse, children, and parents).
• Damages sought: Financial and emotional losses of the family members, such as lost income, lost companionship, mental anguish, and funeral expenses.
• Time limit: Generally, two years from the date of the deceased’s death.

Survival Actions

• Purpose: Compensate the deceased’s estate for the losses and damages they suffered before their death.
• Who can file: The personal representative or executor of the deceased’s estate.
• Damages sought: Losses incurred by the deceased before their death, such as medical expenses, lost wages, and pain and suffering.
• Time limit: Generally, two years from the date of the injury that ultimately led to the deceased’s death.

Key Differences

• Wrongful death claims focus on the losses of the family members, while survival actions focus on the losses of the deceased.
• The statutory beneficiaries bring wrongful death claims, while the estate’s representative brings survival actions.
• Damages in wrongful death claims are paid directly to the family members. In contrast, damages in survival actions are paid to the estate and distributed according to the deceased’s will or Texas intestacy laws.

In many cases, both a wrongful death claim and a survival action can be brought simultaneously, as they address different aspects of the losses resulting from the wrongful conduct.

An experienced Dallas wrongful death lawyer can explain which claim(s) apply to your situation and guide you through the legal process to recover the compensation you and your family deserve.

How Can a Lawyer Help with My Dallas Wrongful Death Case?

An experienced wrongful death lawyer at DFW Injury Lawyers can provide invaluable assistance with your Dallas wrongful death case. We will guide you through the complex legal process, protect your rights, and fight for the justice and compensation you and your family deserve. Here are some of the ways our attorneys can help:

Investigate the Incident

Our lawyers will thoroughly investigate the circumstances surrounding your loved one’s death, gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.

Identify Liable Parties

We will identify all parties who may be held accountable for your loved one’s death, including individuals, businesses, or government entities, to hold all responsible parties liable.

Navigate Legal Complexities

Wrongful death cases often involve complex legal issues, such as proving negligence, causation, and damages. Our attorneys have the knowledge and experience to navigate these complexities and build a compelling case.

Handle Communication and Negotiation

We will communicate with insurance companies, opposing counsel, and other parties on your behalf, handling all negotiations and protecting your interests throughout the process.

Provide emotional Support

We understand the emotional toll of losing a loved one and pursuing a legal case. Our compassionate team will provide the support and guidance you need during this challenging time, ensuring you can focus on healing and moving forward.

Maximize Your Compensation 

Our attorneys will work tirelessly to secure the maximum compensation for your losses, including economic and non-economic damages, and ensure that any settlement or verdict adequately reflects the severity of your loss.

Litigate, If Necessary

While many wrongful death cases settle out of court, we are prepared to take your case to trial if a fair settlement cannot be reached. Our skilled litigators will present a compelling case before a judge and jury to fight for the best possible outcome.

Contact the Dallas Wrongful Death Lawyers at DFW Injury Lawyers Today

After a tragic loss, it’s crucial to have an experienced, compassionate legal team on your side. At DFW Injury Lawyers, we understand the devastation and challenges you face, and we’re here to help you navigate the complex legal process of a wrongful death claim. Our attorneys have a proven track record of success in handling these cases, and we’re committed to fighting for the justice and compensation your family deserves.

We believe that no family should have to bear the financial burdens that come with losing a loved one due to someone else’s negligence or wrongdoing. That’s why we work on a contingency fee basis, meaning you won’t owe us any legal fees unless we secure compensation for you.

Our team will handle every aspect of your case, from investigation to negotiation to litigation, allowing you to focus on healing and moving forward.

If you’ve lost a loved one in the Dallas area due to the negligence or wrongful conduct of another, don’t hesitate to reach out to DFW Injury Lawyers. We’re here to listen to your story, answer your questions, and provide the legal guidance and support you need during this difficult time.

Contact us at (972) 440-2320 or through our online form for a free and confidential consultation with one of our Dallas personal injury lawyers. Let us fight for the justice your loved one deserves and the compensation your family needs to move forward.

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DFW Injury Lawyers – Dallas Office

1341 W Mockingbird Ln #580w,
Dallas, TX 75247
888-231-1341