When your family faces a future that has been suddenly and permanently altered by the loss of a loved one, finding answers can feel impossible by yourself. A Garland wrongful death lawyer can help specific family members have the right to seek justice and financial stability through a claim.
A wrongful death claim holds the negligent party accountable for their actions. It allows your family to pursue compensation for the losses you now face because of their conduct.
A dedicated Garland wrongful death lawyer from DFW Injury Lawyers can help you take this step with confidence. Call us to talk about your case at (469) 874-1616.
Why Choose DFW Injury Lawyers for Your Wrongful Death Claim
DFW Injury Lawyers has deep roots in the Dallas-Fort Worth metroplex, and our Garland office is committed to serving our local community. We offer the focused, personal attention of a neighborhood firm backed by the resources and results of a large one.
We’re Part of the Garland Community
Our connection to Garland goes beyond just an office address. We’re your neighbors, driving the same roads, from the President George Bush Turnpike to Garland Avenue and Shiloh Road. Our team is invested in the safety and well-being of this community because we are a part of it.
When you work with DFW Injury Lawyers, you partner with a team with a genuine stake in your success.
We Frame a Clear Path Forward
Most of our clients aren’t looking for complex legal jargon; they're looking for clarity. We explain your rights and options in plain language, empowering you to make informed decisions for your family at every stage.
Our Garland wrongful death attorneys listen to your story and frame a clear and direct legal strategy. We’ll take the legal burden off your shoulders.
We Anchor Our Cases in Detailed Evidence
A successful wrongful death claim rests on a strong foundation of evidence. We conduct meticulous investigations to anchor your case in undeniable facts.
We collect police reports, witness statements, expert opinions, and financial records to build a comprehensive claim demonstrating the full extent of your family's losses.
DFW Injury Lawyers is ready to help you reconstruct a foundation for your family’s future. Call our local office now at (469) 874-1616 for a confidential consultation with one of our Garland wrongful death lawyers.
Who Can File a Wrongful Death Lawsuit in Texas?
The Texas wrongful death statute specifically outlines who is eligible to file a claim after the loss of a family member. It’s a common misconception that any relative can initiate a lawsuit. State law grants this right exclusively to certain immediate family members.
Eligible parties in Texas include:
- The Surviving Spouse: The person legally married to the deceased at the time of their passing may file a claim.
- The Children: Biological and legally adopted children of the deceased may pursue compensation through a wrongful death claim.
- The Parents: The mother and father of the deceased, whether biological or adoptive, also have the right to file a claim.
If none of the eligible family members file a claim within three months of the death, the personal representative or executor of the deceased's estate can file the claim instead.
Damages Available in a Garland 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's future and hold the responsible party accountable. In a wrongful death claim in Garland, your family can seek damages to cover various losses.
Economic Damages
These are the measurable financial losses that your family has incurred and will continue to incur due to your loved one’s death. They form the financial base of your claim.
Common examples include:
- Lost Earning Capacity: You may pursue compensation for the income the deceased would have provided throughout their lifetime.
- Loss of Inheritance: This payment addresses the value of assets the deceased would have likely accumulated and left to the family.
- Lost Household Services: Your claim may cover the cost of replacing the services the deceased provided, such as childcare, home maintenance, or financial management.
- Funeral and Burial Costs: This reimbursement covers the reasonable expenses related to the funeral and burial services.
Non-Economic Damages
These damages compensate for the profound emotional and personal losses your family has experienced. Though they’re not tied to specific bills, they’re just as real and significant.
Examples of these damages are:
- Loss of Companionship: For the spouse, this payment covers the loss of their partner’s love, affection, and society.
- Loss of Parental Guidance: For children, this compensates for the loss of a parent’s care, guidance, and nurturing.
- Mental Anguish: This payment addresses the emotional pain and suffering of the surviving family members.
Distinguishing Between Wrongful Death and Survival Actions
When seeking compensation after a fatal accident, you may encounter two different but related types of legal claims in Texas: a wrongful death claim and a survival action. Though they both arise from the same tragic event, they serve different purposes and compensate different parties.
The Purpose of a Wrongful Death Claim
A wrongful death claim is filed by the eligible family members (spouse, children, parents) for the losses they have personally suffered due to their loved one's death. It focuses on the impact the death has had on the survivors.
The damages awarded, such as loss of companionship and lost income, are paid directly to the family members to help reconstruct their lives. This type of claim addresses the financial and emotional voids left by their loved one's absence.
The Purpose of a Survival Action
A survival action is different. It’s filed on behalf of the deceased person’s estate to recover damages that the deceased themselves may have claimed if they had survived the injury. These are the damages the person incurred from the moment of injury until their death.
Survival action damages may include:
- Conscious Pain and Suffering: This compensation is for the physical pain and mental anguish the deceased experienced before their passing.
- Medical Bills: This payment covers the full cost of medical treatment related to the final injury.
- Lost Wages: The survival action covers the income the deceased lost between their injury and death.
Any compensation recovered through a survival action goes to the estate. The funds are then distributed according to the deceased’s will or, if there is no will, by state inheritance laws.
How a Garland Wrongful Death Lawyer Proves Negligence
At the heart of every wrongful death lawsuit is the crucial task of demonstrating that your loved one's death was a direct result of another party's negligence or intentional actions. Negligence is the legal term for when a person or company fails to act with reasonable care, and that failure results in harm to another.
The Four Elements of Negligence
To win a wrongful death case, your attorney must demonstrate four key elements:
- Duty of Care: Your lawyer must first show that the person or entity at fault (the defendant) had a legal obligation to act with a certain level of care toward your loved one. For example, all drivers have a duty to operate their vehicles safely and follow traffic laws.
- Breach of Duty: Next, your attorney must prove that the defendant breached or violated that duty of care. This is the specific negligent act. Examples include a driver running a red light or a property owner not fixing a dangerous hazard.
- Causation: The third step is to connect the defendant's breach of duty directly to your loved one’s death. Your Garland wrongful death lawyer needs to show that the death would not have occurred but for the defendant's negligent actions.
- Damages: Finally, your attorney must demonstrate that you and your family suffered damages due to the death.
Texas Statute of Limitations for Wrongful Death
You must file a wrongful death lawsuit within a specific time limit, known as the statute of limitations. In Texas, the law generally gives eligible family members two years from the date of the death to file a claim.
If you miss this deadline, the court will almost certainly refuse to hear your case, and your family will forever lose the right to pursue compensation.
While two years may seem like a long time, it passes quickly when a family is grieving. Building a strong wrongful death claim requires a thorough investigation, which takes time. Evidence can disappear, and witnesses' memories fade.
FAQ for Garland Wrongful Death Lawyer
What Types of Accidents Lead to a Wrongful Death Lawsuit?
Any fatal incident caused by another's negligence or recklessness can be the basis for a wrongful death claim. Common examples include car and truck accidents, workplace incidents, assault and battery, and premises liability cases where a person dies due to unsafe property conditions.
What Is the Difference Between a Wrongful Death Claim and a Criminal Case?
A wrongful death claim is a civil lawsuit filed by family members seeking financial compensation from the at-fault party. The state brings a criminal case to punish the wrongdoer for breaking a law, which can result in jail time or fines, but it doesn’t provide financial relief to the family.
The burden of proof is lower for a civil claim than in a criminal case. A person can face both a civil claim and criminal charges for the same act.
How Does a Garland Wrongful Death Lawyer Prove My Family's Losses?
A Garland wrongful death lawyer uses detailed evidence to prove the full extent of your family’s losses. This includes using documents like pay stubs and tax returns to calculate lost income, as well as retaining economic experts to project future earnings.
For non-economic losses, they use their previous experience paired with the testimony from family and friends to demonstrate the impact of the lost companionship and the depth of your emotional anguish.
What if My Loved One Were Partially at Fault for the Accident That Caused Their Death?
Texas follows a proportionate responsibility rule, which means your family can still recover damages as long as your loved one was 50% or less at fault for the accident that caused their death. However, the amount of your compensation will be reduced by your loved one's percentage of fault.
How Long Does It Take To Resolve a Wrongful Death Case in Texas?
The timeline for a wrongful death case varies widely based on its complexity. Some cases settle in a matter of months through negotiations with the insurance company.
Others may take more than a year, especially if the case involves multiple parties or a defendant who refuses to accept responsibility, requiring a full trial to resolve.
Secure Your Family’s Future With DFW Injury Lawyers
While nothing can restore what you've lost, our role is to survey the damage and begin the methodical work of rebuilding. We will fortify your position with evidence and anchor your claim in a strong legal strategy.
Let the dedicated team at DFW Injury Lawyers take on the legal burdens so you can focus on your family. To begin this process, contact a Garland wrongful death lawyer from our firm today. Call a Garland personal injury lawyer for a free, confidential case review at (469) 874-1616.