Dallas Wrongful Death Lawyers

Has Your Family Lost a Loved One in a Wrongful Death Accident?

Are You in Need of a Wrongful Death Lawyer?

According to the Dallas Police Department, there were a total of 123 wrongful deaths in Dallas in 2020. This is a decrease from the previous year, when there were a total of 137 wrongful deaths. The majority of these deaths were caused by car accidents, followed by homicides, and then suicides. If you have lost a loved one due to someone else’s negligence, our Dallas wrongful death lawyers may be able to help.

Although the overall number of wrongful deaths has decreased, the number of car accident-related wrongful deaths has actually increased slightly. This is likely due to the fact that more people are driving on Dallas roads as the city continues to grow. With more cars on the road, the chances of an accident happening increase.

However, it is important to note that the number of car accident-related wrongful deaths is still relatively low when compared to other causes of death such as homicide and suicide. Therefore, although drivers should always be cautious on Dallas roads, they should not be unduly worried about being involved in a car accident.

No family should have to go through the process of burying a loved one and trying to figure out how to move on if the loved one’s death was caused by another person’s reckless or negligent behavior. There are many different types of causes of personal injury accidents that could lead to the loss of a loved one, including car accidents, truck accidents, motorcycle accidents, construction accidents, slip and fall injuriespedestrian accidents, and more. If you have lost a loved one in one of these types of accidents, our Dallas wrongful death lawyers may be able to help.

Dallas wrongful death lawyers

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Getting the Help You Need After the Loss of a Loved One

Identifying your rights as soon as possible by consulting with an experienced wrongful death attorney is strongly recommended. With so much on the line you cannot afford to wait to get help from a knowledgeable wrongful death lawyer. There are so many different things to think about after a loved one has passed away that it can be difficult to understand your rights and responsibilities. Our wrongful death attorneys know that there are few things that are more painful than losing a loved one.

This situation can be even more difficult to cope with when you learn that a family member passed away due to another party’s wrongdoing or negligence. Processing your feelings and figuring out how your family will be able to cope with this situation can be extremely challenging. If you have lost a loved one due to the carelessness of a government entity, company, or person, our experienced wrongful death attorneys may be able to help you.

Whether it was caused by a motorcycle accident, a trucking accident, a commercial vehicle accident, or more, a wrongful death attorney can help you to navigate the complex legal process. Texas law empowers survivors of someone who has been wrongfully killed to file a legal claim for compensation.

Trying to put a dollar value on a person’s life is a near impossible task, and one that is even sometimes difficult for us to ponder. While no amount of money will ever replace your lost loved one, surviving family members may be eligible to achieve financial security and even closure in knowing that those who are responsible for their loved one’s death have been held accountable in a Texas court of law.

If you have lost a loved one due to the negligence of another party, call our Dallas wrongful death lawyers for a FREE CONSULTATION.

Who Can File a Wrongful Death Claim in Texas?

Only certain individuals are eligible to file for wrongful death claims in Texas. The laws allow children, parents, or the spouse of the deceased individual to file a wrongful death lawsuit. This can be filed against any company or person responsible for the death of a loved one with the help of a wrongful death lawyer. It may even be brought in certain cases against the government.

To file a wrongful death claim in Texas, you must be either:

  1. The surviving spouse.
  2. A surviving child (adult or minor).
  3. The surviving parent(s).
  4. A legally adopted child of the deceased.
  5. The surviving adoptive parent(s).
  6. The executor of the estate for the deceased.

In most wrongful death lawsuits where there are multiple claimants, the relationship to the decedent is also taken into consideration. Generally, the surviving spouse and children are awarded a larger portion of the settlement than more distant relatives, such as the parents of an adult child. However, if the spouse is estranged, or there is no legal or common law marriage, then the law takes that into consideration when dividing up a wrongful death settlement.

What is Required to File a Wrongful Death Lawsuit in Texas?

The following components are required to successfully file a wrongful death lawsuit in Texas against another individual or entity:

  • The death of your loved one was a direct result of another person or company’s negligence or intent to inflict injury; and,
  • There are surviving family members eligible to make a wrongful death claim that are suffering financial hardship and other damages due to the death of the deceased person.

If one of your loved ones has died as a result of another person or entity’s negligence, call our Dallas wrongful death attorneys for a FREE CONSULTATION.

At Thompson Law

We provide accident injury victims with dedicated and tenacious legal representation, ensuring that you get fair value for your claim. Our Dallas wrongful death lawyers will build a strong case with supporting evidence so that you recover the money that you deserve.

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Leading Causes of Wrongful Death in Texas

The most common causes of wrongful death in Texas include:

  1. Motor vehicle accidents:  Motor vehicle crashes are the most common cause of wrongful death claims in the State of Texas. These claims include fatalities associated with:
  2. Work place accidents:  On-the-job fatality accidents are typically found in jobs where people are doing dangerous work or working in a dangerous environment, such as on a construction site or in an industrial facility. Negligence can exist with the person who improperly trained an individual, exposed them to an unsafe work environment, or committed some similar form of negligent behavior.
  3. Premises liability accidents:  These accidents can include slip and falls, dog attacks, swimming pool accidents, firework accidents, amusement park accidents, and any other type of accident where a duty of care was breached by a property owner.
  4. Medical malpractice Medical malpractice is committed when medical professionals do not exhibit a “reasonable duty of care” for a patient. Examples can include things like surgical errors, improper prescription medication dosing, misdiagnoses of illnesses, and similar forms of malpractice. In Texas, an individual must prove “willful and wanton negligence” on the part of a doctor, hospital, or other medical provider in order to bring a medical malpractice claim.

Wrongful Deaths from Fatal Auto Accidents in Dallas, TX

The most common wrongful death claims made in Texas are for motor vehicle crashes. Our Dallas wrongful death lawyers aggregated crash report data from the Dallas Police Department to analyze fatal motor vehicle traffic accidents. In 2021, these Dallas crash reports show:

Fatal Auto Accidents in the Dallas Area

  • Dallas, TX:  206 crashes fatally injuring 227 people
  • Dallas County:  324 crashes fatally injuring 352 people

Fatal DUI (alcohol-related) Auto Accidents in the Dallas Area

  • Dallas, TX:  53 crashes fatally injuring 64 people
  • Dallas County, TX:  81 crashes fatally injuring 97 people

SourcesCrashes and Injuries Cities and TownsCrashes and Injuries by County; DUI (Alcohol) Crashes and Injuries Cities and Towns.

Types of Damages Available in a Wrongful Death Lawsuit

Damages is a legal term that explains the amount of money awarded by a court to compensate someone for a loss or an injury. Wrongful death laws in Texas allow victims to recover many types of damages, including:

Economic Factors in Wrongful Death Claims

  • Medical expenses:  Medical expenses incurred due to the accident and before death can be presented. For many wrongful death cases, these medical bills can often be very high.
  • Funeral and burial expenses: Costs to bury a loved one can be high and burdensome on a family already reeling from the loss of someone on whom they depended.
  • Lost income:  Loss of the financial support and income of the deceased family member can be a large burden. For the primary earner in a household, the surviving family members may be left with little or no income.
  • Lost services:  Reimbursement for future services typically provided by the victim to survivors is also considered. For example, if a working father with dependent children brings a wrongful death claim for his deceased spouse, he may need childcare support if his wife previously bared those duties.

Non-Economic Factors in Wrongful Death Claims

  • Pain and suffering: The pain and suffering experienced by the deceased family member following the accident can be considered, particularly when they lived for a reasonable period of time after the accident.
  • Mental anguish: The mental pain and anguish suffered by the survivors of the decedent can also be presented.
  • Loss of companionship:  Loss of a deceased family member’s companionship can be claimed, particularly by married spouses, but also by children and parents who have been robbed of a future with their loved one.
  • Loss of consortium:  Loss of consortium can be claimed for spouses of deceased victims. Loss of consortium refers to the affection, companionship, and sexual relationship they had with the deceased spouse.
  • Loss of parenting and guidance from the victim:  Children can make claims for the loss of parenting advice and guidance that was forfeited by the untimely death of a parent.

Various facts in your case will determine the extent to which you are eligible to receive damages. Consulting with our experienced Dallas wrongful death lawyers as soon as possible is crucial in figuring out the types of damages that may be eligible in your lawsuit. Let us help you in your time of need.

If you have a wrongful death claim, call our Dallas wrongful death attorneys for a FREE CASE REVIEW. We can answer your questions, explain the wrongful death claims process, and get you signed up with our law firm today.

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What is a Typical Wrongful Death Claim Settlement?

There is no typical value of a wrongful death lawsuit in Texas. Some wrongful death claims can settle for as little as $30,000, whereas others can settle for $1,000,000 or much more. The value of a wrongful death claim varies widely based off various factors. Those factors can include things like:

  • Medical bills before death:  Generally speaking, the defendant in a wrongful death claim is obligated to pay for the out-of-pocket expenses, such as medical bills, related to the damage they have caused.
  • Type of accident and cause of death:  When there was protracted suffering experienced by the deceased person before they pass away, you can make a claim for the deceased person’s pain and suffering. A quick and painless death typically results in a smaller settlement than a painful and prolonged death. Additionally, if any family members were witnesses to the death, they may be able to make a bystander claim.
  • The age and health of the victim:  Younger victims have lost more future years of earning and enjoyment of life, which will be taken into account for wrongful death claims. However, very young victims have often not reached their maximum earning potential, so that can also work against a wrongful death claim for survivors.
  • The income the victim brought in, as well as how close he or she was to retirement:  All other things being equal, the greater the income and further away retirement was for the deceased person, the larger the wrongful death settlement will be.
  • The insurance policy or policies carried by the defendant:  For example, if your loved one perishes in a car accident where the defendant has a minimum limits policy and the deceased person has no underinsured motorist coverage, there is typically only the defendant’s $30,000/$60,000 policy to pursue. However, if the deceased person was hit by an 18-wheeler or other commercial truck, typically much larger policies can be pursued.
  • The manner in which the accident occurred:  Texas is one of the few states in the US that allow for punitive damages to be awarded in wrongful death cases. If the actions of the defendant were particularly reckless or negligent – such as a drunk driver – punitive damages may be awarded to punish the defendant for that behavior.
  • The number of dependents supported by the decedent:  When a wrongful death victim supports a larger number of dependents, this gets taken into consideration for purposes of assessing a reasonable wrongful death settlement.

If you’ve lost a loved one due to the negligence of another party, call our Dallas wrongful death lawyers for a FREE CONSULTATION. We can help you understand what your claim might be worth, and answer any questions with no obligation on your part.

Are Wrongful Death Settlements Taxable in Texas?

Wrongful death settlements in Texas are considered to be compensatory damages, which are exempt from taxation under Texas law. If the settlement is paid in a lump sum, the good news for families of wrongful death victims is that they will not be taxed on the lump sum. However, if the lump sum goes into an annuity to be paid out over time, the profit on the annuity payments may be taxable, much like the income on any typical investment.

If you have a wrongful death claim, call our Dallas wrongful death lawyers for a FREE CONSULTATION to discuss whether your settlement might be subject to any taxes.

What You Need to Know About Survival Actions

The estate of a deceased person can also bring a legal claim after a wrongful death. This is known as a survivorship claim or survival action. This allows a deceased individual’s estate to recover the cost of the funeral or burial expenses, medical bills, and the pain and suffering that the deceased individual endured prior to passing away.

This is separate from a wrongful death lawsuit, and our Dallas wrongful death lawyers can tell you more about whether or not a survivorship claim applies or is recommended for your family.

If one of your family members has died due to the reckless or negligent actions of another person or company, and you think you may have a valid wrongful death claim, call our Dallas wrongful death attorneys for a FREE CONSULTATION.

How Long Do I Have to File a Wrongful Death Claim in Texas?

The statute of limitations governs when you can file a legal claim for wrongful death in Texas. You must file a lawsuit within a certain period of time in order to qualify. In general, family members need to file a wrongful death lawsuit within two years after the date on which your loved one passed away.

Since the statute of limitations can prevent your wrongful death lawsuit in Dallas from being heard by the courts, you need to contact our Dallas wrongful death lawyers as soon as possible. Our experienced wrongful death attorneys have worked in this field for years and will be able to sit down with you and provide an assessment of the relevant facts of your case.

Call the Dallas wrongful death lawyers at Thompson Law who will fight to help you and your family recover the compensation you need to put this devastating period in your life behind you.

Our Wrongful Death Case Results Speak for Themselves

Thompson Law obtained one of the top 100 wrongful death settlements in the United States in 2021, and 15 of the top 50 injury settlements in Texas (which includes wrongful death claims). We have experience with a variety of wrongful death cases, and you can see all of our results here. While each case is different, we believe the following settlements – which reflect the net results paid to clients – testify to our expertise and skill in handling complex wrongful death claims:

The amounts above are not the total settlement value, but rather the amount we were able to put into our clients’ pockets from the settlements. As you can see above, our partners at Thompson Law handle a wide variety of wrongful death claims in a wide variety of accident types.

The list above is not meant to include all types of claims our Dallas wrongful death lawyers handle, but is rather just a representative sample of some of the case types with which we can help. If you have lost a loved one in an accident, call our law firm for a FREE CONSULTATION to see if we may be able to help.

Call Our Dallas Wrongful Death Lawyers for a Free Case Review

Our Dallas Wrongful Death Lawyers Charge NO FEE Unless We Win.

Our Dallas wrongful death lawyers work on a contingency fee basis, which means we do not receive any payment unless you do. If we are able to obtain money on your behalf, we only earn a percentage of the compensation we recover.

Our staff is ready to help, is fully bilingual in English and Spanish, and wants to help you get back on your feet. Our Dallas wrongful death lawyers are available anytime 24/7 to help with beginning to represent you for your wrongful death claim, and will shepherd you through the process while you focus on your family’s healing.

No Win No Fee Dallas wrongful death lawyers

Remember, the statute of limitations in Texas is 2 years from the date of death – not the date of accident – in wrongful death claims. If you have lost a loved one in any type of accident due to the negligence of another person or entity, call our Dallas wrongful death lawyers today or submit a form for a NO COST, NO-OBLIGATION CONSULTATION with a wrongful death attorney at Thompson Law.

Take action to protect your right to a full value monetary recovery for the untimely passing of your loved one. The sooner you know your options, the faster you and your family will be on the path to healing.

Wrongful Death FAQs

Wrongful Death FAQs

Wrongful Death

In Texas, you have two years from the date of death to file a wrongful death suit. This differs from the statute of limitations for typical personal injury claims not involving death, which allows two years from the date of the accident to file a lawsuit. Our skilled wrongful death attorneys can help ensure you meet all the legal requirements and deadlines necessary. If a wrongful death lawsuit is not filed by the proper person within the time allowed by law, you will lose your right to recover monetary damages.

Knowing the applicable statutes of limitations, understanding the elements of negligence and proximate cause, and gathering evidence to establish liability are all crucial factors that can influence the outcome of a wrongful death case.

Wrongful death cases can be highly emotional and complex, making it crucial to determine who is at fault. In these cases, liability is determined by analyzing the evidence to identify who acted negligently or intentionally caused the death. This often involves investigating the circumstances leading up to the incident, such as whether the victim was in a safe environment and whether there were any contributing factors to the death. Additionally, insurance policies and state laws may also come into play when determining fault. It’s important to have a skilled attorney who can guide you through the legal process and help you receive the compensation you deserve. While nothing can bring back a loved one, accountability can bring some closure and justice for the family.

The loss of a loved one can be a devastating experience, especially when the death was caused by another person’s negligence or intentional harm. In such situations, the surviving family members may be entitled to file a wrongful death lawsuit against the responsible individual or entity. The process for filing a wrongful death lawsuit typically involves gathering evidence, hiring an attorney, filing the complaint, and going through the discovery process which involves exchanging information and evidence with the opposing party. The case may then proceed to trial or settle outside of court. It is important to remember that each state has its own laws and procedures for filing a wrongful death lawsuit, so it’s recommended to consult with an experienced attorney to help guide you through the process.

While many wrongful death cases settle out of court, anyone filing a lawsuit should prepare for the possibility of having to go to trial. A skilled wrongful death attorney can litigate on your behalf to ensure the best possible outcome for you and your family.

In Texas, damages for wrongful death can include funeral and burial expenses, loss of financial support, loss of possible inheritance, pain and suffering, and loss of society, companionship, support, and care. In some instances, punitive damages might be sought. These are damages intended to punish the guilty party and deter other parties from engaging in the same conduct.

In Texas, the surviving spouse, children, or parents can file a wrongful death claim. If no family members file, an executor of the deceased person’s estate may file. Here is a complete guide to wrongful death claims in Texas.

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Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.