Wrongful Death Lawyers in Dallas, TX Obtaining Fair Compensation for Families of Wrongful Death Victims

Losing a loved one is difficult enough without also knowing that they died as a result of wrongful death. Surviving family members can be left traumatized and with an overwhelming financial burden as a result of medical bills, lost wages, funeral expenses, and other costs related to the death of the deceased victim.

Wrongful death claims can be overly complex and difficult to pursue without the assistance of a qualified wrongful death lawyer. The state of Texas has a stringent set of guidelines in place that dictate which family members are eligible to file a wrongful death lawsuit. Additionally, Texas law has a strict statute of limitations when it comes to filing a wrongful death claim.

The Redwine Law Firm of Dallas, TX, has wrongful death lawyers who understand the various legal complexities that accompany wrongful death cases. If your loved one’s death was the result of another person’s negligence we will fight to help you recover the compensation you and your family deserve. Contact our law firm and ask to schedule a free consultation with our Dallas wrongful death lawyers. We will be happy to discuss your case and explain your legal rights.

What Does Texas Consider to be Wrongful Death?

In Texas a wrongful death claim may be filed if your family member’s death was the direct result of negligence or carelessness on the part of another individual. Texas law stipulates that the responsible party can be held accountable for the harm that they have caused to the victim’s family.

Wrongful death claims can result from a wide range of events. Some examples include:

Medical malpractice
Nursing home abuse
Car accident
Truck accident
Workplace accident
Boating accident
Defective products
Criminal actions

In order to successfully recover monetary compensation for the loss of your loved one you must be able to prove that the responsible parties were negligent. Proving negligence rests solely on the plaintiff bringing the legal action.

In any wrongful death claim, negligence is the primary legal factor that must be successfully proven. For an individual to be considered negligent, they must have acted or failed to act in a manner that resulted in the victim’s death.

Texas law specifies four legal elements that must be present in order to recover wrongful death damages. They are:

A legal duty was owed by the responsible party to the deceased person. For example, all drivers are obligated to obey all of the traffic laws when operating a motor vehicle.
The defendant breached the legal duty. Consequently, if a driver fails to obey traffic laws and causes an accident, they have breached their legal duty.
The breach of duty caused another individual to receive an injury. In this case, the breach of duty resulted in the death of another person.
Damages with a monetary value must result from the injuries. When your family member dies as a result of another’s negligence this constitutes monetary damages. If your loved one was the primary provider of financial support for the family qualifies as damages.

Having your loved one die as the result of a fatal accident is a painful and agonizing experience. Our Dallas wrongful death attorneys realize that nothing can replace your loved one. However, we also recognize that you want to seek justice for their pain and suffering and any other issues they may have experienced prior to their death. Contact our law firm and ask to schedule a free consultation.

Can Any Family Member File a Wrongful Death Claim in Texas?

Texas law only permits certain surviving family members to file a wrongful death claim. As a result, only surviving spouses, biological or adopted children, or parents are permitted to file a wrongful death lawsuit on behalf of their loved one. Texas also allows family members to file a joint wrongful death claim as well. However, it should be pointed out Texas law does not permit siblings or close friends to file wrongful death claims.

In cases where the deceased person has no family, or any immediate family members that wish to file a lawsuit, the administrator or executor of the deceased’s estate does have the legal ability to file a wrongful death claim after a period of three months has passed. Nevertheless, in cases where there are eligible surviving family members, those individuals have the legal right to prohibit the administrator from filing a wrongful death suit.

Due to the complex nature of wrongful death claims, it is best to seek legal advice from a qualified Dallas wrongful death lawyer. They can answer your legal questions and determine if you meet the requirements to file a claim for your loved one’s death.

What Types of Damages Can Our Family Recover From a Wrongful Death Claim?

One of there most challenging aspects for the survivors of the deceased is the financial insecurity that often accompanies the unexpected death of a loved one. It is further compounded when the victims were the sole source of financial support for the family.

State law allows surviving family members to file a wrongful death claim in order to recover damages for their loved one’s death. It is important to keep in mind that the amount of damages you may be entitled to receive can vary depending on the circumstances that surround your wrongful death suit.

If you are successful in winning a wrongful death case some of the most commonly awarded damages include:

Funeral expenses include the costs associated with the service and burial.
Emotional pain for the mental trauma that you have had to endure as the result of your loved one’s death.
Pain and suffering that your family member may have experienced prior to their passing away.
Medical expenses incurred by the deceased as a result of the fatality.
Loss of companionship may be awarded to the spouse of the decedent for the time that they have lost due to the wrongful death.
Inheritance loss the amount the decedent could have reasonably added to the value of their estate had they passed away as the result of a natural death.

In some cases, punitive damages may also be awarded. However, they are only awarded if the death was the result of a deliberate act, omission, or gross negligence.

Punitive damages are not awarded as a means to compensate the family of the deceased. Instead, they are meant as a way to penalize the at fault party for the negligent actions and premature death of another individual. In addition, they are also meant to deter others from potentially repeating the same actions.

Why Should I Choose Your Law Firm to Handle a Wrongful Death Claim?

At The Redwine Law Firm, our Dallas wrongful death lawyers understand that this is a difficult time due to the sudden loss of your loved one. Our main objective is to recover full and fair compensation for the tragic loss associated with your family member’s death. We value the attorney-client relationship that we work to establish with each family who entrusts us to recover compensation for the loss of their loved one.

If your loved one has been the victim of wrongful death, it is essential that you speak with a qualified attorney as soon as possible. Texas has a strict time limit of two years from your family member’s date of death in which you are eligible to file a claim. Failure to file in a timely manner can cause you to forfeit your right to bring your claim to court and recover a possible settlement.

Sadly, wrongful deaths can spring from a variety of sources including nursing home abuse or neglect, lack of safety measures on a job site, or from criminal actions. No matter the ultimate cause of your loved one’s wrongful death case, the attorneys of our law firm are committed to assisting you in obtaining an outcome that includes compensation for the damages that you have suffered.

If you feel that you have grounds to file a wrongful death claim, contact our law firm by calling 214-444-7703 and ask to schedule a free consultation. We will gladly answer your questions and explain any legal options that you may have regarding your potential wrongful death lawsuit.