Dallas Wrongful Death Attorneys
A loved one losing their life in an accident can turn the world upside down for their family and friends. For those who are dependent on them, an unexpected death can be devastating. In addition to the loss of companionship and comfort, their loss could mean a loss of income and care. While facing a future without a trusted companion might be daunting enough, you shouldn’t have to do it alone.
At J. Alexander Law Firm, we offer experienced counsel and advocacy for the families of accident victims who have recently lost their lives due to the negligence of another. While there’s no such thing as replacing the departed, we do our best to help their dependents be properly cared for in the aftermath. Our experienced Dallas wrongful death lawyers are staunch advocates for victims, helping them be made whole by holding responsible parties accountable. We have recovered more than $10 million on behalf of our clients and are proud to be part of the prestigious Million Dollar Advocates Forum®.
Our firm is proud to be an official sponsor of the Dallas Mavericks! Call us at (214) 206-3264 today to request a free case evaluation. There is no obligation—you don’t pay unless we recover money on your behalf!
What Is a Wrongful Death?
To put it plainly, a “wrongful death” is when someone loses their life as a result of another party’s negligence. This can come in many different forms: someone who drives recklessly and causes a car accident, someone who fails to take proper safety precautions on a job site, or even a company that makes a mistake when manufacturing something, causing it to fail to catastrophic consequences.
A wrongful death claim is a civil action, usually brought by the family of the victim. Essentially, if your loved one would still be alive had another party acted appropriately, then you may be able to class that as wrongful death and hold them accountable for compensation.
Common Causes of Wrongful Death
Wrongful death claims stem from negligent actions that disregard the safety and well-being of others, ultimately resulting in someone's death. Negligence occurs when an individual or entity fails to act with the level of care that a reasonable person would exercise in similar circumstances, leading to harmful consequences. Establishing negligence is crucial, as it demonstrates that the responsible party's actions directly contributed to the fatal incident.
Wrongful death claims can stem from a number of different incidents, including:
- Traffic accidents with reckless or impaired drivers
- Workplace accidents (including oilfield accidents) resulting from inadequate safety measures or training
- Defective products that cause fatal injuries during normal use
- Acts of violence, including homicide or negligent security situations
Who Can File a Wrongful Death Claim?
Not just anyone can file a wrongful death claim in Texas; only certain family members of the departed can, and comprehensive proof is required. Typically, those who file these claims are the immediate family members, such as the spouse, their children, and the parents of unmarried children.
Life partners and distant family members like grandparents raising a child may also be eligible to file a wrongful death claim, but this is usually only an option if they were dependent on the accident victim in some way. For example, a grandchild may file suit if they lived with or were being raised by the accident victim. If you have suffered financially and lost your support network due to the death, then talk to a wrongful death lawyer about your many options.
Statute of Limitations for Wrongful Death Claims in Texas
In the state of Texas, you have two years from the date of the victim’s passing to file a wrongful death suit. If you do not file within this time, there is a strong chance the court will refuse to hear your case, so we recommend reaching out to start the process as soon as possible. However, there are some exceptions to this rule:
- If the other party’s liability is not obvious, the time limit does not start until the true cause of death is discovered.
- If the at-fault party deliberately concealed their involvement, the two-year countdown does not begin until the date that the victim's family learns of the concealment.
- If you are unable to file due to being seriously ill or indisposed, the court may still agree to hear your case.
- Minors who lose their parents may wait until they are 18 years of age to file, even if that goes beyond the two-year time limit.
If you have recently lost a loved one and wish to file a wrongful death claim, we strongly recommend speaking with an attorney about your options as soon as possible. Filing a strong claim can take time, and it’s important to have a skilled advocate on your side throughout the process.
This is why we offer initial consultations that are completely free of charge—we want you to be able to reach out to an advocate who can assist you without worrying or stressing about affordability. This is also why we operate on a contingency fee basis—you’ll never pay unless we recover compensation on your behalf.
Compensation for Grieving Families
The purpose of wrongful death lawsuits is to provide financial support and a sense of justice to the survivors. The compensation (often referred to as “damages”) available in wrongful death cases typically falls into two main categories: economic and non-economic damages.
Economic damages are intended to cover the financial losses directly resulting from the death of the victim. They include:
- Loss of Financial Support: The survivors can seek compensation for the financial contributions that the deceased would have provided, such as wages or salary, bonuses, and potential future earnings.
- Loss of Benefits: This includes loss of benefits like health insurance, retirement savings, and other financial benefits that the deceased may have provided to their family.
- Medical Expenses: If the deceased incurred medical expenses before death, such as hospital or treatment costs due to the injury or illness that led to their death, these expenses can be claimed.
- Funeral and Burial Costs: Surviving family members can recover the reasonable costs associated with the funeral and burial of their loved one.
Non-economic damages compensate for the emotional and psychological impact on the surviving family members. They include:
- Loss of Companionship: This compensates for the loss of love, affection, and companionship that the survivors would have received from the deceased. Spouses, children, and parents often seek this type of compensation.
- Loss of Parental Guidance and Care: Children of the deceased may recover damages for the loss of parental guidance, emotional support, and upbringing that they would have received had their parent survived.
- Mental Anguish: Surviving family members can be compensated for the emotional pain and suffering caused by the unexpected loss of their loved one.
In addition to wrongful death claims, Texas law also allows for a survival action to be filed. This is a separate legal action that seeks compensation for the pain and suffering, medical expenses, and other damages the deceased person experienced before their death. A survival action essentially allows the deceased person’s estate to recover damages as if the deceased had survived and was bringing the claim themselves. The damages awarded in a survival action go to the deceased person’s estate rather than directly to the surviving family members.
Even though no amount of money is worth the loss of life, these damages are essential in helping families cope with the loss and rebuild their lives.
Don’t Wait; Request a Free Case Evaluation Today
While replacing a loved one is impossible, you shouldn’t have to face the future without them alone. As advocates on your side, J. Alexander Law Firm can help you get the compensation for your lost loved one that you are entitled to. We are staunch advocates who protect the best interests of our clients, and we’re not afraid to do what it takes on your behalf. That includes taking your case to trial if necessary.
Schedule your free consultation by contacting J. Alexander Law Firm today!
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What damages are available for wrongful death victims?Wrongful death victims may be able to claim both economic and non-economic losses. These can include loss of companionship, loss of income, emotional damage, loss of care, maintenance, services, and more. In the case of extreme negligence or misconduct, victims may also be eligible to receive punitive damages. Each case is unique, so talk to an attorney as soon as possible to learn more about your options.
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What happens if someone passes away before they can file an injury claim?
If someone is injured through the negligence of another but is unable to file a claim for that injury before they pass away, then the right to file this injury suit passes on to the deceased’s heirs or to their estate. This happens regardless of whether or not the person’s passing is in any way related to the injuries they sustained from their accident.
Here’s an example: If someone is badly injured in a car accident but then suffers a fatal heart attack while in the hospital recovering, their heirs or their estate will inherit the right to file a lawsuit against the at-fault party for the initial car accident. This is known as a “survival action.”
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How long does a wrongful death lawsuit take?There isn’t really a simple answer to this question. More complex cases will require more in-depth investigations, and those investigations will take more time. Likewise, this complexity will probably mean more complex negotiations, a longer trial, and more. In some cases, a settlement can be reached within a few weeks’ time. In more extreme cases, however, a case might go on for two years or more.
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