CLOSE
CLB Logo

Contact Us

& GET YOUR
Free Case Review
Maximizing Your Results. WE TREAT EACH CASE AS IF IT BELONGS TO A FAMILY MEMBER.
November 29, 2022

Dallas Wrongful Death Lawyer

Crain Brogdon, LLP: A Voice of Calm and Reason in Times of Crisis

Our Dallas wrongful death lawyers know that losing someone you love is never easy. In fact, the death of a family member is likely to be one of the hardest things you will ever experience. Quite simply it’s a tragedy. It may seem as if things could not be any worse. However, if the death of your loved one was caused by the negligence or carelessness of another individual or organization, and his or her passing could have been prevented, the feeling of sadness you have may be accompanied by intense anger.

If this has happened to you, there is a chance that you may have the opportunity to file a civil lawsuit for wrongful death against the negligent party and be compensated for your loss. Filing a wrongful death lawsuit can be done whether the death was caused accidentally or intentionally. Texas law states that any “wrongful act, neglect, carelessness, unskillfulness, or default” is grounds for a wrongful death claim (TX C.P.R. §71.002).

Your first step should be to consult with a qualified Dallas wrongful death attorney at Crain Brogdon, LLP. We can review your case and help to identify and pursue the compensation you and your family deserve. But, at a time when you should be grieving, filing a wrongful death claim is probably the furthest thing from your mind — there is so much to do.

Fortunately, our experienced wrongful death lawyers can manage the entire legal process on your behalf and help you move forward. Contact us today at 214-522-9404 to schedule your free consultation.

When Wrongful Death Occurs in Texas

What Is Wrongful Death?

The concept of wrongful death is quite simple to understand but often considerably more challenging to prove. On a very basic level, when someone dies because of the negligent actions or inactions of another organization or person, and an incident occurs that could have been avoided, that death can be deemed wrongful.

Under Texas law, those whose actions contributed to this truly unfortunate outcome may be held liable.

Why You Should Engage a Wrongful Death Lawyer

There is nothing as devastating as losing a loved one, except perhaps learning that their death could have been avoided. That said, the time following their death is incredibly emotional. Simply muddling through the day-to-day requirements of your life may be challenging. The thought of filing and managing a wrongful death lawsuit likely seems overwhelming.

Engaging the services of our knowledgeable and experienced wrongful death lawyer is imperative. Our team can assist in navigating the complex legal process associated with wrongful death claims in Texas and help you to maximize your wrongful death settlement.

This is not a journey you should undertake alone.

Wrongful death law is complicated and challenging, and dealing with all the involved parties is time-consuming. You will need to rely on the skills of seasoned legal professionals to manage your case effectively and achieve the outcome you desire.

When you work with the reputable attorneys at Crain Brogdon, LLP, you can rest assured that we will handle the entire legal process for you. Our services include advising you on how best to proceed and managing all communications associated with your case. You will not have to speak directly to insurance companies and attorneys. As your representative, we will handle all calls on your behalf. We know how defendants, their legal representatives, and insurance companies operate, and we are well-positioned to respond appropriately.

By leveraging our knowledge and experience and communicating effectively, we can help you maximize your wrongful death settlement. Get help from our team today by calling 214-522-9404.

Frequently Asked Questions Regarding Texas Wrongful Death Cases

Our Wrongful Death Attorneys in Dallas Provide the Answers You Need

In Dallas, throughout the state, and across the country, incidents of wrongful death are, sadly, frequent. Unfortunately, individuals and organizations don’t always behave responsibly, and their negligence can have serious (and deadly) consequences.

If you have lost a family member due to the actions or inactions of another, you likely have a lot of questions. At Crain Brogdon, LLP our attorneys are well-known for providing high-quality, tailored legal advice. We appreciate that no two cases are identical, and each deserves individualized service and attention. Because facts vary considerably from case to case, many questions can be difficult, if not impossible, to answer without having specific details. However, there are several concerns that can be addressed in a more general manner. Below, our wrongful death lawyers have shared some of the questions we are asked most often, along with our responses to them.

Is there a time limit under which I must file my wrongful death case?

Yes, this legal deadline is commonly referred to as the statute of limitations. For wrongful death claims in Texas, you will have two years from the date of the decedent’s passing in which to file your claim.

This is important, because, if time runs out, you will no longer be able to pursue your claim in the Texas court system. There are sometimes exceptions to this rule, but you’ll need to speak with your wrongful death attorney in Dallas to see whether your case meets the grounds for an extended deadline. This is just one reason why it is important to contact an attorney as quickly as possible. You want to have time on your side as you pursue compensation for your loss.

My loved one was in a car accident, hit by a drunk driver, in January but did not die until March. When does the statute of limitations begin?

In all cases, the statute of limitations for wrongful death begins on the date the individual dies, not the date of the incident that caused their death. The courts recognize that death in these cases is not always immediate, and the law accommodates that.

Who can file a wrongful death claim in Dallas?

Under Texas law, not everyone has the legal right to pursue a wrongful death claim. Those who can include the parents, children, or the surviving spouse of the deceased. Each of these parties can file a claim independently, or they can pursue a claim jointly. Additionally, adult children have the option to file a wrongful death claim should their parents pass away wrongfully.

In the event that these parties do not file the claim within three months of the death of the decedent, then the designated representative of the deceased’s estate may be able to file the claim unless the surviving family members request that there be no claim filed.

Under what circumstances would a death be considered wrongful?

This is one of those questions where your attorney would need to carefully examine the situation at hand. Sometimes, accidents are unavoidable and occur even when everyone acts responsibly. That said, some examples of situations in which wrongful deaths have occurred include:

Remember, while these are situations in which a wrongful death can occur, your attorney would still need to prove negligence. There are a lot of factors that contribute to wrongful death settlements.

What can wrongful death damages include?

If you have lost a family member in a wrongful death incident, you are probably confused as to what can comprise a settlement. In fact, there is a broad range of damages that can be included in the compensation for wrongful death. Some of the different types of damages that we may consider when calculating the value of your claim are:

  • Lost wages
  • Loss of earning potential
  • Lost inheritance and retirement savings that the decedent would have earned if they hadn’t passed away
  • Medical expenses that they incurred prior to their passing (treatment for the injury that caused their death)
  • Funeral and burial expenses
  • Loss of companionship and love
  • Loss of society, support, and comfort
  • Pain and suffering
  • Emotional anguish
  • Loss of household services, maintenance, care, and guidance.

In addition to these damages, you may also be awarded exemplary damages. These are also commonly known as punitive damages and can only be awarded if the actions of the defendant are deemed to be grossly negligent or with the intention of causing the decedent harm or death.

Despite the fact that punitive damages will obviously be beneficial to the overall outcome of your case, they aren’t awarded for this reason. Rather, the judge will award exemplary damages as a way to punish the at-fault party and to demonstrate to future wrongdoers that these types of actions won’t be tolerated by the Texas court system.

For more information about the types of damages that may be included in your claim, you should speak with our wrongful death attorney about the various ways in which your life and those of your family members have been negatively impacted by the passing of your loved one.

Keep in mind that the damages that you’ll be awarded in your wrongful death claim will be paid to those who pursued the claim initially. Each family member usually receives a proportionate amount of the losses caused by the demise of their loved one. Your lawyer can further explain how this will impact you.

Can the person responsible for the death of my loved one be sent to jail as part of my wrongful death case?

No, in Texas wrongful death cases are civil cases, not criminal cases. While the party may be found responsible and face significant financial repercussions, no jail time will result from these cases specifically. Criminal charges must be brought separately by the appropriate authorities.

Does the age of the person who died impact my ability to file a wrongful death case?

No, people of all ages lose their lives due to the carelessness and negligence of others. Young children and senior citizens can be killed in almost any of the situations shared above. That said, the financial settlement will be impacted by factors regarding their age. Your attorney can explain these to you.

We hope that these answers help you to better understand wrongful death cases in Dallas. We recognize that this list is not comprehensive and you probably have a lot more questions. Contact our wrongful death attorneys in Dallas today at 214-522-9404 to schedule a free consultation so we can learn more about your specific case and share what we can do for you.

What Our Dallas Wrongful Death Attorney Will Do for You

Helping You Prove Your Case

Simply knowing that the actions or inactions of another person or organization caused the death of your loved one is not enough to compel a financial award. You must be able to prove, in court, that the person you are suing (the defendant) had a legal duty to the victim and breached it, and that the death occurred as a result of the behavior of the defendant.

In Texas, everyone (individuals and organizations) is responsible for not endangering others. So, if someone behaved negligently and caused the death of your loved one, they can be held accountable.

As your attorneys, our Dallas wrongful death lawyers will assume responsibility for proving this by coordinating the investigation on your behalf. The sooner you engage us, the more quickly we can get to work for you.

Keep in mind that time can be a mitigating factor. We want to gather evidence while it is readily available.

In addition to proving that the negligent behavior resulted in the death of your loved one, we must also substantiate the damages that you are claiming. Our wrongful death attorneys are experienced at doing this. We understand how to capture the breadth of your loss and determine its monetary equivalent.

Because of our skill and experience, we are often able to settle wrongful death cases during the negotiation phase of the legal process. However, if we are not able to reach what we believe is a fair agreement, we are ready to go to court.

Our attorneys are both skilled negotiators and aggressive and effective litigators. We put all of our resources to work for you. Call us today at 214-522-9404 to discuss your wrongful death case.

Why Choose the Wrongful Death Lawyers at Crain Brogdon, LLP

Our Winning Record Makes a Difference

When pursuing a wrongful death case, you want to work with an experienced law firm with a reputation for winning cases.

Our firm’s attorneys have over 125 years of combined experience representing the people of Dallas and the surrounding area. We are well-versed in Texas personal injury and wrongful death laws and know how the local courts operate. Additionally, we are skilled negotiators who are equally experienced in dealing with insurance companies and other lawyers.

While our goal is to settle your case in the negotiation phase, we recognize that this is not always possible. As such, we are always prepared to go to court if necessary. When you work with us, we assume your goals as our own and fight tirelessly to get you the settlement you need and deserve.

Our experience and success speak to our firm’s credibility. We have successfully managed wrongful death settlements for many clients, some resulting in settlements of millions of dollars.

See our winning record

We strongly feel that those who behave negligently should be held responsible for their actions. Our firm was formed on this belief, and we dedicate ourselves to helping our clients maximize their wrongful death compensation.

Client-Focused Service

Compassion and Experience Matter in a Wrongful Death Case

While knowledge and experience are critical, they are only a part of the qualities you need in a wrongful death attorney. Because of tragic events, you have lost someone important to you. Dealing with the breadth of emotions and managing your life can seem all-encompassing. We understand and appreciate this. Our attorneys are well-known for our empathetic communication style — we know you are dealing with a lot.

We appreciate that while cases may be similar in nature, each is unique. In addition to the incident that took the life of your loved one, their relationship and contribution to your family are unlike that of any other person. Our wrongful death lawyers actively listen, taking the time to learn about them as an individual. Additionally, we understand that sometimes cases can be complicated. We don’t shy away from complex issues. In fact, we welcome them. We believe that you should be compensated for the loss of your loved one, even if that compensation requires significant work on our part to achieve.

Not only do we manage the process on your behalf, allowing you time to grieve appropriately and care for your family, but we also keep you apprised of what is happening. We realize that the fact that you cannot handle the complex legal process on your own does not mean you don’t want to know what is going on. We share our personal cell phone numbers with our clients and encourage them to call us whenever they need. No question is silly, no concern too minor. We treat you the way we would want our family members to be treated in a similar situation.

Your Trusted Dallas Wrongful Death Attorneys

Take the First Step Toward Getting Justice

Have you lost a loved one in a tragic accident that was caused by the carelessness or negligence of another? If so, you may be entitled to compensation due to the death of your family member. Our qualified Dallas wrongful death lawyers and personal injury lawyers at Crain Brogdon, LLP are ready to work with you immediately.

Schedule your free consultation by calling our office at 214-522-9404 or by completing the convenient contact form we’ve included below.

During this meeting, we can learn more about your family member as well as the incident that caused their death. We can answer your questions about wrongful death lawsuits and help you determine the best way to move forward to hold accountable those responsible.

Attorney Robert Crain

Attorney Robert CrainAttorney Robert Crain is a nationally renowned personal injury attorney who has been included in lists such as U.S. News’ Best Lawyers in America. Additional publications often include Rob on their “Best Lawyers” lists, including Texas Monthly and D Magazine. As a testament to his excellence, he is AV® Rated by Martindale-Hubbell. This means fellow attorneys and legal professionals have rated him highly for his ethical practice and legal skill, demonstrating his integrity and high-level insight. [ Attorney Bio ]