A Compassionate Wrongful Death Lawyer — Dallas, TX
Losing a loved one is a devastating and painful experience, especially when it is preventable. If you lost a beloved because of someone else’s negligence, you may be able to seek compensation. Our Dallas wrongful death lawyers understand surviving family members experience emotional trauma, mental anguish, and financial burden after a loved one's death. We fight to hold the wrongdoer responsible and recover financial compensation for the victim’s family.
As our client, you will receive personal and compassionate legal representation from our Dallas personal injury attorney here at Alpha Accident Lawyers to help you through a difficult time. We will handle the legal actions necessary to pursue monetary compensation in a wrongful death claim. While financial compensation can’t make up for the loss of your beloved, it may help alleviate the financial strain you may be dealing with. If you’d like to learn more about your legal options, don’t hesitate to reach out and schedule a free consultation today.Call for Your Free Consultation
What Is a Wrongful Death Lawsuit?
When the negligent or reckless actions of another person or entity cause a person’s death, the surviving spouse or family members may pursue a wrongful death lawsuit. Wrongful death claims are usually handled in civil courts and can help compensate the decedent’s surviving spouse or family members for wrongful death damages. These losses can include funeral and burial expenses, lost wages, medical expenses, lost benefits, and loss of consortium. The plaintiff initiating the wrongful death lawsuit will need to prove that the defendant’s negligence caused the wrongful death.
Each wrongful death case is unique, which is why it’s best to consult with a Dallas wrongful death lawyer regarding your specific circumstances. At Alpha Accident Lawyers, our Dallas wrongful death lawyers are dedicated to helping surviving family members recover fair compensation for damages including funeral expenses, emotional pain, and mental anguish. If your wrongful death case goes to court, our experienced trial lawyers have the resources and expertise to go against any opponent. We will guide you throughout the complex legal process and ensure we provide you with the best legal representation.
Can I file a Wrongful Death Claim in Texas?
In Texas, immediate family members may be able to pursue a wrongful death claim. Texas law allows the decedent’s surviving spouse, surviving children, and parents, to file a wrongful death suit. The children of the deceased person must be adults, as well as the legal children of the deceased person. It's best to consult a personal injury lawyer to find out if you have a case.
To be able to pursue a wrongful death case in Dallas, Texas, you will need to:
- Be the surviving spouse, adult children, or parents parent of the deceased person, or otherwise eligible to bring a claim under Texas law.
- File your claim before the statute of limitations expires
- Prove that the defendant is legally responsible for the wrongful death.
The Burden of Proof in Wrongful Death Cases
Typically wrongful death cases are handled in civil courts but many wrongful death cases are settled out of court. The plaintiff needs to prove the following elements in a wrongful death case:
The Defendant Owed a Duty of Care
The plaintiff must prove that the defendant owed a duty of care to the deceased person. For example, after a car accident, the plaintiff will need to prove the defendant had an obligation to follow Texas traffic laws and operate their vehicle safely.
The Defendant Breached the Duty of Care
The wrongful death occurred because of an auto accident, the plaintiff must prove that the duty of care was breached by the defendant. For example, the defendant was drunk driving and ran a red light when they caused the car accident. Consequently, the impact of the crash killed the occupant inside the other motor vehicle.
The Defendant’s Negligent Actions Caused the Death
The plaintiff needs to demonstrate that the defendant's negligent actions caused the wrongful death. Ensure you are able to obtain a police report after the accident occurred. A police report will contain valuable information regarding how the responding officer considers the car accident happened and if a police officer cited the other driver for any traffic violations.
A Dallas wrongful death lawyer can help you collect the necessary evidence to strengthen your personal injury case. Wrongful death lawyers have connections with medical experts, engineers, mental health experts, and accident reconstruction experts who can help strengthen your claim.
What Compensation Is Available in a Wrongful Death Suit?
You may be able to seek compensation in a wrongful death suit including economic and non-economic damages. A personal injury attorney can help you calculate and prove your wrongful death damages.
These losses have monetary value and are typically easy to prove. Economic damages can include:
- Funeral expenses
- Burial expenses
- Medical bills
- Lifetime loss of income
- Property damage
- Household services
- Loss of employment benefits
- Lost pension
- Out-of-pocket expenses
Non-economic damages are usually more subjective, non-tangible losses. These kinds of losses can include:
- Loss of companionship, love, comfort, and support
- Mental anguish
- Emotional pain
- Loss of the person’s training and guidance
- Loss of enjoyment of life
Usually, punitive damages are only awarded in cases where the defendant exhibited gross negligence. For example, if the defendant was drunk driving when they caused a car accident, punitive damages may apply. Punitive damages are meant to punish the defendant’s gross negligence and are granted at the discretion of the judge and the jury.
Texas Auto Accident Statistics
Texas sees more than 27 million visitors each year so it's no surprise that there are also a lot of car accidents. In Texas, there were 4,489 auto accident fatalities. This was a 15.22% increase in traffic fatalities from 2020 to 2021. The annual miles traveled in Texas reached 288.227 billion miles in 2021. There were 86,401 possible serious personal injury crashes in 2019 in metropolitan areas. If a loved one's death was the result of a fatal accident, it's crucial to consult an experienced attorney to hold the person or entity responsible for their wrongful act. At Alpha Accident Lawyers we are committed to obtaining justice for accident victims.
File a Wrongful Death Claim in Time
According to Texas law, the statute of limitations is 2 years from the date of your loved one’s untimely death. It’s important to quickly secure legal representation and open a wrongful death claim as soon as you are able to. After the statute of limitations runs out, your claim may be dismissed. It’s vital to consult an experienced wrongful death attorney who will work to resolve your claim in a timely manner. Our Texas wrongful death lawyers will guide you throughout the entire claim process and will fight to recover the maximum compensation available.
Call our law firm today to set up a strictly confidential, free consultation. If you cannot come to our law office, we can come to you. We work on a contingency fee basis, so you don’t pay any legal fees upfront. You don’t pay for any legal services until we win your wrongful death case. During this difficult time, we want you to be able to focus on family and healing. Leave the legal matters to our proven personal injury lawyers in Dallas, TX.
Contact a Dallas Wrongful Death Attorney
If you lost a spouse or family member in a Dallas auto accident, don’t hesitate to reach out to our TX wrongful death lawyers. We are available 24/7 by call, text, email, and online chat. Our personal injury law firm specializes in auto accident cases including, car accidents, truck accidents, bicycle accidents, motorcycle accidents, pedestrian accidents, rideshare accidents, and wrongful death.
At Alpha Accident Lawyers, our compassionate wrongful death lawyers have a track record of recovering the maximum compensation available. We pride ourselves on our 99% win rate and have recovered millions of dollars in verdicts and settlements for our clients. Do you need a wrongful death lawyer? Call us today to schedule a free case review.START YOUR FREE CONSULTATION