none of the pages home, personal injury, about us, or contact us is in view
FREE CONSULTATION: 214.522.9404
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).
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.
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.
If you have lost a family member due to the actions or inactions of another, you likely have a lot of questions. We appreciate that no two cases are identical, and each deserves individualized service and attention. 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.
How does Texas define wrongful death?
In Texas, if an injury causes a fetus to fail to be born alive or causes a person’s death, the injury is caused by another person’s carelessness, neglect, or wrongful act, and the injured person could have filed a personal injury lawsuit if they had survived, it meets the definition of wrongful death. Wrongful death claims are, in essence, a type of personal injury claim, brought on behalf of someone who is no longer able to bring the claim themselves. They can involve anything from car accidents, slip-and-fall accidents, medical malpractice, or intentional acts.
Can I file a wrongful death lawsuit for my unborn child in Texas?
Yes, in Texas, if the negligent actions of another person result in an injury that prevents a fetus from being born alive, parents can recover damages via a wrongful death lawsuit. You can also file a wrongful death suit if your newborn child dies due to the negligent actions of another person. The context of the birth injuries matters in such cases, but often they arise from the negligent or intentional acts of medical providers or when drugs provided to the pregnant woman harm the fetus. If you are uncertain whether you can sue over your baby’s death, contact a Dallas wrongful death attorney for advice. You can reach us at (214) 522-9404
If my loved one died before bringing a personal injury case, can I file a wrongful death case?
If the person dies due to the injuries that would have been part of the personal injury case, you may be able to file a wrongful death lawsuit. You might not have a wrongful death lawsuit if they died due to unrelated circumstances. The essential factor is the ability to connect the death to the injuries caused by negligence. If you have any questions about whether you can file a wrongful death lawsuit, a consultation with a Dallas wrongful death lawyer can help to clear up any confusion.
Who can file a wrongful death lawsuit in Texas?
Under Texas law, the decedent’s surviving spouse, children, or parents may file a wrongful death lawsuit. Any, or all, of these individuals, may file the case on behalf of all of them. If, however, these individuals do not file a wrongful death claim within three months of the date of death, a lawsuit may be brought by the executor or personal representative of the estate unless the parents, children, and spouse request that such a suit not be filed.
Can I get punitive damages in my wrongful death case?
As a rule, you should not assume you will get punitive damages in a wrongful death case. Rare exceptions may exist, but punitive damages are only awarded in any personal injury case where the negligence was so egregious as to merit additional financial punishment against the defendant. Deliberate malicious acts and drunk driving are examples that sometimes allow for this but never assume punitive damages are on the table. Your Dallas wrongful death lawyers can let you know if punitive damages are available.
Can I sue for pain and suffering as part of my wrongful death suit?
Usually, you can sue for pain and suffering. Pain and suffering are blanket terms for non-economic damages you suffer from an injury or loss. The damages awarded for pain and suffering can include circumstances such as loss of comfort, loss of consortium, loss of ability to enjoy life, emotional trauma, PTSD, loss of support, and all the other mental, emotional, and practical losses you face that are not directly related to financial costs like medical bills, burial, costs, and the like. Your Dallas wrongful death lawyer will help you figure out how much your pain and suffering might be worth in your case.
Will the defendant go to jail because of my wrongful death case?
The defendant will not receive jail time due to a wrongful death lawsuit. A wrongful death case of this nature is a civil case that seeks monetary remuneration for the harm you suffered. It is specifically in place to allow you to pay the decedent’s medical bills, recover their lost wages and income, and provide comfort for the non-economic losses you suffered. Jail sentences come from criminal cases, which may proceed separately from your civil case.
What is the statute of limitations for wrongful death in Texas?
Almost every crime or civil action has a statute of limitations. A statute of limitations refers to the time frame in which you must file your lawsuit. If you file after the statute of limitations expires, you may lose the right to have your case heard. In Texas, the statute of limitations for wrongful death is two years of the person’s death. If you miss this statute of limitations, you should still contact a wrongful death attorney. They can let you know if you still have options.
Is there a cap on the damages I can receive?
It depends on the nature of the death. In Texas, medical malpractice cases (and only medical malpractice cases) have statutory limitations or “caps.” If your wrongful death case resulted from medical malpractice, the level of non-economic damages (pain and suffering) you receive will be capped. The cap on pain and suffering is limited to $250,000 per defendant and $500,000 maximum total. In addition, the state has an inflation-adjusted cap on overall wrongful death medical malpractice cases. Your wrongful death lawyer will be able to help you understand any caps that apply to your lawsuit.
Can I sue the government for wrongful death in Texas?
Filing a lawsuit against the government is tricky in Texas, as government entities have certain legal immunities. You must first file a formal claim with the government agency responsible for the incident within six months of the incident. If the wrongful death resulted from extreme or gross negligence on the part of the government, you might have additional options. Speak with your Dallas wrongful death attorneys at Crain Brogdon, LLP, for help with these kinds of cases.
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.
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.
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.
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.
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.
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.
”I have been represented by chris before , and he is outstanding !!!
Unfortunately I need him again, and I cannot express how much I love this team !!!! He is absolutely amazing and dedicated, and when I walk Into the courthouse, it feels like you’re walking with the big boss, because he actually is !
I am forever grateful for his knowledge and dedication !!” – Claudia Wells (Google Review)
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]