MARYE LAW

Dallas Wrongful Death Lawyer

Our Dallas wrongful death lawyers are here to fight for your lost loved ones.

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. Here at Marye Law, we understand that this can be a difficult process and we are here to support you every step of the way.

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 automobile, pedestrian and semi-truck accidents, slip and falls, workplace accidents, medical malpractice 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 punitive. These damages aim to address all of the losses that family members suffer as a result of the loss of their loved one. 

While 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 on the other hand are intended to punish the defendant in these cases for their acts of wrongdoing or negligence. These damages extend beyond the losses incurred by the family and can vary widely depending on the circumstances of each case. The same goes for economic and non-economic damages. 

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 Suit?

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 adult 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. 

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 beyond a reasonable doubt in court 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. 

Come in For a Free Evaluation for Your Wrongful Death Case

Are you ready to fight for the compensation you and your family deserve after the wrongful death of a loved one? Marye Law 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. Schedule your free evaluation today and learn how we can help you get closure and recover financially from the loss of your loved one.

FAQs

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. 

Is There a Time Limit for a Wrongful Death Claim?

Each state handles wrongful death claims differently and has time limits (or statutes) in place. In Dallas, 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. 

Who Is Eligible To File for a Wrongful Death in Texas?

In the state of Texas, there are strict regulations in place regarding who can file a wrongful death claim. Those who can file are limited to immediate family members, including the deceased person’s spouse, their children and their parents. It is important to note that the deceased person’s children are only able to file a claim if they are adults. 

What Are the Types of Damages in a Wrongful Death Case?

When it comes to the damages awarded in a wrongful death case, there are three different types: economic, non-economic and punitive. While punitive damages are intended to punish the defendant in wrongful death cases, economic ones aim to replace financial aspects like lost income and non-economic damages are awarded to offer compensation for things like emotional pain and trauma.

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The Marye Law Firm P.C.

More than 20 years of experience

Marye Law has more than 20 years of experience in personal injury law in the Dallas-Fort Worth Metroplex and Texas. We have represented a number of clients and helped them secure the compensation they deserved due to their accidents, and many have spoken about our integrity and personal approach. If you have been involved in an accident and are in need of legal representation, call us today at 214-987-8240 or fill out our FREE case review form.

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What Our Clients Are Saying

I got hurt on a cotton gin when the rollers on the condenser unit caught my arm and pulled me into the machine. My arm was smashed up to my elbow. I lost muscle and all my nerves and still have pain to this day. A local Lubbock lawyer dropped my case because my employer didn’t have workmen’s comp. I called Eric Marye and he worked on my case for about two years. We got real close to trial and at the second settlement meeting, my case settled for one and a half million dollars (Client received $900,000). He got my medical bills paid and I am getting a check every month from the insurance company for the rest of my life. I am definitely happy with the job Mr. Marye did for me and my family and would recommend him to anyone who needs an attorney for a serious injury.

Jerry Alvarado

I hit an 18-wheeler that ran a stop sign on a highway in Louisiana. A local lawyer told me that he could get me $600,000 for my case if I was lucky. I had brain surgery and I couldn’t raise my arm. After hiring Eric Marye, he got me to a good doctor that told me I had a torn rotator cuff and operated on my shoulder. He also sent me to a doctor for my brain injury and a psychiatrist. He settled my case for almost two million dollars! (Client received $1,266,666.67.) I am getting a check each month for the rest of my life.

Lusty Harris

Eric, I thank u for everything u have done for me and my family. Thank u for caring so much for Jacob when u hadn’t even met him. U believed in all of us. Only God can put that kind of faith, hope, and heart-felt feelings in a good person like yourself. Your a dam good lawyer and a wonderful friend.

Emily Garcia

Eric and his staff did the most wonderful job helping me get a start in life after my work accident. I got shocked at work from a broken electric stove. My employer did not want to back me up so I hired Eric through my daughter, and he got a lot of experts and we went to trial on my case and won. We got everything we asked for and I ended up with a lot more money than I thought I could get, especially now that I am retired. If anyone needs a super lawyer, hire him because he is the best. Thanks again Eric.

Carolyn Moreno

When my wife was killed by an eighteen-wheeler, my family and I hired Eric Marye. Eric did a great job on the case. Not only was he a great lawyer, but he also became a friend. If you need a lawyer for an eighteen-wheeler accident, hire Eric.

Milton Jensen

Initially, I couldn’t find a lawyer willing to take my case. I was in a one-car accident on the job and had a head injury so I couldn’t remember what happened. Eric Marye found two witnesses and sued my company. The settlement was confidential, but I am very happy with what Eric did for me. My life would be much different if I hadn’t hired Eric Marye’s firm.

Robby Thomas

I hit an 18-wheeler that ran a stop sign on a highway in Louisiana. A local lawyer told me that he could get me $600,000 for my case if I was lucky. I had brain surgery and I couldn’t raise my arm. After hiring Eric Marye, he got me to a good doctor that told me I had a torn rotator cuff and operated on my shoulder. He also sent me to a doctor for my brain injury and a psychiatrist. He settled my case for almost two million dollars! (Client received $1,266,666.67.) I am getting a check each month for the rest of my life.

Lusty Harris