Dallas Wrongful Death Lawyer
We can file a lawsuit on your behalf and fight for your family’s rights
In the state of Texas, wrongful death is defined by the law as a wrongful act, negligence, carelessness, or unskillfulness that results in the death of another person. While these cases are not limited to medical care, sadly around 9.5% of all deaths that occur across the country are the result of medical errors.
Other situations involving wrongful death like workplace accidents and automotive accidents are sadly common occurrences in Dallas and throughout the state. Regardless of the direct cause of wrongful death in Dallas, family members that are left mourning the loss of a loved one may be entitled to compensation. At The Marye Law Firm, we understand that this can be a difficult process and we are here to support you every step of the way.
What is wrongful death?
Wrongful death refers to a legal action that can be brought about in court when a person dies due to another person’s negligent, unskilled, or otherwise wrongful acts. In these circumstances, a Dallas wrongful death lawyer aims to prove that the death would have been avoidable if these actions were performed in a more careful or skilled manner.
What types of cases may constitute a wrongful death claim?
In Dallas, wrongful death lawyers handle several types of cases. Some of these cases include car accidents, pedestrian injuries and truck accidents, slip and falls, workplace accidents, and defective products.
All of these cases may warrant a wrongful death claim if the accident was the result of another person or an organization’s carelessness or negligence. All of these cases are extremely difficult for families but in these particular cases, the accidents should have been avoidable. This is a frustrating situation that requires a skilled Dallas wrongful death lawyer to navigate and execute properly.
What’s the difference between a wrongful death claim and a survival claim?
Wrongful death and survival claims are two different actions in the eyes of the law, but the claims have similarities.
- A wrongful death claim is typically brought forth in court by the deceased’s family members. Most commonly, this is a spouse, children, or parents of the individual involved in the claim. In these cases, family members often depended on the deceased financially. A Wrongful Death claim can allow these family members to recover the funds that were lost as a result of their loved one’s death. These benefits are awarded directly to the family members.
- A survival claim, on the other hand, is generally executed by the individual who is in charge of the deceased’s estate. This claim aims to recover the compensation that the deceased could have been awarded if they would have survived the incident and were able to file a personal injury lawsuit.
In a wrongful death claim, family members can receive compensation for things like lost affection and guidance, loss of inheritance, and loss of services provided by the deceased in the household. On the other hand, a survival claim will focus more so on lost wages, medical bills incurred and pain and suffering endured by the deceased. Loved ones who are unsure of which claim is right for their case should speak with a Dallas wrongful death lawyer before making a decision.
How much is a typical wrongful death settlement?
In a wrongful death settlement, there are several factors to consider before a settlement is made. Typically, three types of damages are awarded, including economic, non-economic, and sometimes punitive damages. These damages aim to address all of the losses that family members suffer as a result of the loss of their loved one.
- Economic damages address the most basic financial losses like medical costs and lost wages.
- Non-economic damages focus on things like pain and suffering and trauma.
- Punitive damages are intended to punish the defendant in these cases for their acts of wrongdoing or negligence.
The overall settlement amount will take all of these factors into consideration, along with matters like the deceased person’s salary and financial status to determine the amount that should be awarded.
Who can file a wrongful death lawsuit?
In Texas, the only people who are permitted to file a wrongful death suit are immediate family members of the deceased person. Generally, these family members must have depended on the deceased for financial purposes like paying household bills and providing healthcare along with food, shelter, and clothing. In the majority of cases, the deceased person’s spouse files a wrongful death lawsuit, but this can also be children or the parents of the deceased.
Likewise, they must also have a rightful claim for a wrongful death suit. Some common examples of cases that qualify include situations where another individual is responsible for the death based on their actions. This may include automobile accidents, medical malpractice, or instances where defective products caused the death of a loved one.
Is there a time limit to file a wrongful death claim?
Each state handles wrongful death claims differently and has time limits (or statutes) in place. In Texas, wrongful death lawyers must file these claims within two years of the date that the action first occurred. In most cases, this means two years from the death of the deceased person’s death. In more complex cases where the death did not occur immediately after the wrongful act, it is important to discuss the timeline with an experienced lawyer to determine if the case is still eligible for a wrongful death claim.
What does it take to file a wrongful death lawsuit in Texas?
The biggest factor that should be taken into consideration by someone who wishes to file a wrongful death lawsuit in Texas is the amount of time that has passed since the death occurred. Unfortunately, in Texas, the statute of limitations on wrongful death cases is a mere two years. This means that deaths that occurred as a result of negligence or a wrongful act by another individual more than two years ago are ineligible for wrongful death claims.
Additionally, the person who wishes to file must be an eligible immediate family member and must be able to provide the information needed about the wrongful death. Wrongful death lawyers in Dallas must prove by a preponderance of the evidence that the defendant was, in fact, responsible for the deceased person’s death through negligence, carelessness, omission, or a wrongful act (whether intentional or unintentional).
Why do I need an attorney?
A Dallas wrongful death lawyer spends an extensive amount of time handling cases that pertain to wrongful death. They are familiar with all of the statutes and requirements that must be met for a client to successfully be awarded damages.
Without an attorney who specializes in this area of the law, it can be immensely difficult and time-consuming to navigate the court system effectively. Likewise, wrongful death lawyers have immense experience in guiding family members through the process, despite the emotional difficulties that they may experience. This offers comfort and a deep sense of understanding at a time when loved ones need it most.
Know your rights. We can help
Are you ready to fight for the compensation you and your family deserve after the wrongful death of a loved one? The Marye Law Firm is here to guide you through the process – from the first consultation to the final ruling, we stick with our clients so that they don’t have to endure any part of this difficult time alone.
The stakes are high in wrongful death cases. Make sure you fully understand your legal options. Contact our law firm and discover how a dedicated Dallas wrongful death lawyer can help your family.
The Marye Law Firm – we’re serious about winning your case.