The sudden loss of a beloved family member always feels wrong to those they leave behind, but when the death occurs due to the carelessness, reckless behavior, or wrongful actions of someone else, the state of Texas also considers it a wrongful death. Nothing can bring back a loved one who has passed or erase the anguish the death causes, but a Dallas wrongful death lawyer can bring the family compensation for the financial losses associated with the death. Call GreeningLaw for experienced wrongful death representation in your claim.
Why Hire the Dallas Wrongful Death Accident Attorneys at GreeningLaw?
It’s understandable to feel overwhelmed by a loved one’s death, especially when you know the death was preventable if only someone else had taken reasonable care. Taking on a legal process may be challenging during this sensitive time. That’s why turning to GreeningLaw can help. We bring the following advantages to your case:
- The experience, knowledge, and resources accumulated after three decades in the Texas legal arena, insurance system, and civil court
- A strategy tailored by our Dallas personal injury attorneys to the unique circumstances of your case rather than a carbon-copy approach that may not recover the maximum amount available to your family
- A policy of open communication, so you are always involved and informed on all aspects of your wrongful death claim
- An in-depth investigation, assertive negotiation, and an optimal chance of obtaining a settlement
- A trial-ready attorney who will take your case before a jury if required to achieve your goals
At GreeningLaw, we are ready to demand financial accountability and bring a sense of justice to your family.
How Do I Know if I Can File a Wrongful Death Claim in Texas?
Wrongful death falls under the legal umbrella of personal injury claims in Texas. If the circumstances of your family member’s passing directly resulted from the actions or negligence of another individual or business, you have a strong case for a wrongful death claim against the responsible party and the appropriate insurance company, such as auto insurance after a car accident fatality or malpractice insurance after a medical malpractice death. If the circumstances of the death were such that the injury victim could have filed a personal injury claim had they survived the injury, then a close, surviving family member can recover compensation through a wrongful death claim.
Who Can File a Wrongful Death Claim in Dallas?
Unlike other personal injury claims, the plaintiff in a wrongful death case is not the injured victim. Instead, Texas allows the closest family member to file a claim. Typically, this is one of the following:
- A surviving spouse
- A parent
- An adult child or a young child represented by an adult family member
- The personal representative of the decedent named in their will (only if a close family member doesn’t file the claim within three months of the death)
Like most states, Texas limits those who may file for wrongful death compensation to the immediate members of a family who suffer from the financial losses associated with the death. This prevents distant relatives from exploiting the death when they suffered no economic damages from the loss.
What are the Most Common Causes of Death in Texas Wrongful Death Cases?
Compensation in most wrongful death claims comes from an appropriate insurance policy, such as the premises liability insurance of an apartment building owner who failed to maintain a stairway. Common causes of death cited in wrongful death claims in Dallas include the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Workplace fatalities
- Premises liability injuries, such as falls, accidental drowning, and fires
- Defective product injuries
- Medical malpractice
- Nursing home abuse or neglect
- Public transportation or aviation accidents
- Acts of violence
A Dallas wrongful death claim proceeds independently of any criminal charges brought in the same case. The criminal justice system focuses on punishing a wrongdoer, while the civil court system exists to uphold an injury victim’s right to compensation from the party that caused the injury.
Proving Liability in Wrongful Death Claims in Dallas
A wrongful death case requires a family member to file a claim against a person, business, or government entity that owed a duty of care to the decedent and breached that duty through negligence. For instance, a driver owes a duty of care to follow traffic laws. If they breach that duty and cause injury or death to another, they are responsible for damages.
In some cases, the liability standard is different. For example, proving a wrongful death from a defective product follows the strict liability standard. Rather than proving negligence, the family member of the decedent must prove that the product had a design defect, manufacturing mistake, or marketing error that caused the death.
In medical malpractice wrongful death claims, the family member’s attorney must show that a doctor/patient relationship existed at the time of the death and that the death directly resulted from a provider’s departure from the standard of care accepted by the medical community.
Finally, all wrongful death cases require evidence that the family member of the deceased loved one suffered damages from the death.
What are the Recoverable Damages in a Texas Wrongful Death Claim in Dallas?
As in all personal injury claims, the plaintiff in a wrongful death case must show evidence that they suffered economic damages from the death. Common damages recovered in wrongful death claims include the following:
- Reimbursement for medical expenses if the decedent received medical treatment before their death
- Funeral and burial costs
- Lost wages for a family member who took time away from work
- Lost income for the remaining earning years the decedent had left to them had they not died
- Loss of benefits such as health insurance and retirement contributions
- Loss of household services, such as child care, homemaking, or yard maintenance
- Compensation for emotional grief and anguish
- Compensation for loss of consortium
- Compensation for the loss of parental guidance and support
Your Dallas wrongful death attorney from GreeningLaw will pursue all legal avenues for compensation to maximize the amount your family recovers in the claim.
Call the Dallas Wrongful Death Lawyers at GreeningLaw
Few legal claims in civil court are as important as a wrongful death claim. When the results of a case really matter, turn to the wrongful death lawyers at GreeningLaw for compassionate legal advocacy that achieves exceptional results. Contact GreeningLaw today.