Hire an Attorney for a Wrongful Death Claim
Hiring a Dallas wrongful death lawyer gives you the legal advantage you need during an emotionally trying time. Our attorneys bring decades of proven experience handling complex wrongful death lawsuits throughout Texas. We recognize the profound emotional toll these cases impose on families, and we approach each client with both legal precision and compassionate support.
Without a dedicated legal advocate, families often encounter unexpected challenges that can delay or reduce rightful compensation. Our legal team meticulously manages every stage of your claim, from conducting thorough investigations to building strong evidence and negotiating directly with aggressive insurers. We understand that no two cases are alike, which is why we tailor our strategy to your unique circumstances and goals.
Our deep familiarity with Texas wrongful death statutes ensures that all legal standards, including filing deadlines and evidentiary requirements, are met without error. Whether your loved one was lost in a car crash, workplace accident, or due to medical negligence, we’re here to pursue accountability and secure the financial recovery you deserve—so you can focus on grieving, healing, and honoring their memory.
Call us today at (877) 920-9009 or complete a Free Case Review form.
Establishing Negligence in a Wrongful Death Lawsuit
To succeed in a wrongful death claim, it must be proven that the defendant’s negligence caused your loved one’s death. This involves presenting a compelling argument supported by credible evidence and legal precedent. There are four essential elements that must be clearly established:
- Duty of Care: The defendant owed a legal obligation to act with reasonable care to avoid harming others.
- Breach of Duty: The defendant violated that obligation by acting carelessly, recklessly, or failing to act altogether.
- Causation: A direct link must be proven between the defendant’s breach and the death that occurred.
- Damages: The loss must have caused significant emotional and financial consequences for the surviving family members.
Our experienced legal team gathers and analyzes all available evidence, including accident scene reports, surveillance footage, and expert witness testimony, to build a robust and persuasive case. Our Dallas wrongful death lawyers are skilled at identifying and documenting all factors that establish liability and strengthen your claim for compensation in civil court.
Key Elements Often Found in Wrongful Death Cases
Wrongful death claims typically share common elements rooted in negligence or intentional misconduct. These claims are civil lawsuits designed to hold a person or entity financially responsible when their wrongful behavior results in someone’s death. Whether or not criminal charges are filed or upheld, a wrongful death action can proceed independently in civil court.
As explained by the Legal Information Institute at Cornell Law School, wrongful death suits provide a path for surviving family members to seek financial relief after the loss of a loved one caused by another’s misconduct. These claims help compensate families for both tangible and intangible losses, such as the loss of income, companionship, and emotional support.
In most cases, the following elements must be proven:
- A death caused by negligent, reckless, or intentional conduct
- The existence of surviving beneficiaries or dependents
- The direct impact of the death in terms of emotional suffering or financial loss
Wrongful death claims may also include punitive damages when the conduct is found to be especially egregious. These are intended not just to compensate, but to deter future misconduct and emphasize accountability under Texas law.
Schedule a consultation with our wrongful death lawyers in Dallas today.
Types of Compensation Available in a Wrongful Death Claim
Texas law allows families to pursue multiple forms of damages after a wrongful death. These damages are intended to compensate surviving loved ones for both tangible and intangible losses caused by the untimely death of a family member.
Economic Damages:
- Medical costs incurred before the individual passed away
- Funeral and burial expenses
- Loss of the deceased’s expected future earnings and benefits
- Loss of services and support they would have provided
Non-Economic Damages:
- Emotional distress and suffering of surviving family members
- Loss of companionship, love, and emotional support
- Loss of parental guidance and nurturing for minor children
In some cases, courts may award punitive damages if the defendant’s behavior was particularly reckless or intentional. These damages are designed to punish wrongful conduct and serve as a deterrent against future negligence.
The type and amount of compensation available vary by case, depending on the circumstances and the evidence presented. Calculating fair compensation requires a careful evaluation of financial records, expert testimony, and the emotional impact on surviving relatives. Understanding these damages is crucial when preparing a wrongful death claim in Texas, and proper legal guidance helps ensure that families recover what they are legally entitled to.
Call an experienced attorney right now at (877) 920-9009.
Steps to Filing a Wrongful Death Lawsuit in Texas
Texas allows specific family members to file wrongful death lawsuits under strict legal guidelines. Under Section 71.002 of the Texas Civil Practice and Remedies Code, an action for wrongful death may be brought if a person’s death resulted from another party’s negligence, carelessness, unskillfulness, or wrongful act.
To succeed, the lawsuit must clearly demonstrate that the responsible party owed a duty of care, breached that duty, and that this breach directly caused the fatal injury. Establishing these legal components requires thorough documentation, including witness statements, opinions, and a detailed timeline of events. Families pursuing a wrongful death lawsuit should be aware of the steps involved and the importance of meeting all procedural requirements.
Wrongful death claims often follow incidents such as auto accidents, hazardous work conditions, unsafe products, or negligent medical care. Each case demands a tailored approach to gathering evidence and proving liability in civil court. The burden of proof is “preponderance of the evidence,” meaning it must be more likely than not that the defendant’s conduct caused the death.
Steps typically include:
- Comprehensive case review and evidence collection
- Identification of all responsible individuals or entities
- Legal analysis to establish negligence
- Full assessment of emotional and financial damages
- Timely filing within the Texas two-year statute of limitations
Eligibility: Who Can Legally File a Wrongful Death Claim in Texas?
Texas limits who can file a wrongful death claim to specific family members. That list includes the surviving spouse, legally adopted or biological children, and the parents of the deceased. These individuals are recognized by law as the primary parties eligible to bring legal action when someone’s life is cut short by negligence or misconduct.
Here’s where things get interesting: if none of these immediate relatives files a claim within three months, the door opens for the personal representative or executor of the estate to step in. It’s a legal safety net—meant to keep a valid claim from slipping away simply because a family is overwhelmed by grief.
Why does this matter? Because state statutes spell out eligibility in no uncertain terms. Miss a deadline or misunderstand your legal standing, and a claim can evaporate. That’s why it’s worth noting: acting quickly and with a full understanding of your rights can make a huge difference. Filing correctly and on time doesn’t just check a box—it helps secure the justice your loved one deserves. So if you think you might qualify, take that first step. It’s about protecting your future, not just addressing the past.
Contact a wrongful death lawyer in Dallas today at [[$phone]].
Speak with a Wrongful Death Attorney in Dallas Today
If you’ve lost a loved one due to someone else’s negligence, contact a Dallas wrongful death lawyer from Anderson, Cummings & Drawhorn today. Our legal team is dedicated to helping families get the justice they deserve, with compassionate guidance and aggressive representation.
We operate on a contingency fee basis, meaning you don’t pay unless we win your case. Call 817-920-9000 now or complete our secure online form to schedule your free consultation.
Let our proven team handle the legal burden while you focus on what matters most—your family and healing.