Losing a loved one is always tragic, but when that loss occurs due to another party’s negligence or wrongful act, the emotional devastation is compounded by legal and financial uncertainty. In Texas, wrongful death law allows surviving family members to seek justice and financial recovery from the liable parties.
If you have lost a loved one due to another’s fault, you should choose a top-rated Dallas personal injury attorney and wrongful death attorney to pursue compensation and achieve a sense of closure.
What Is a Wrongful Death Claim in Dallas, TX?
Under the Texas Wrongful Death Act (Texas Civil Practice & Remedies Code §§ 71.001–71.012), a wrongful death occurs when an injury causes a person’s death and the injury was caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity.
Wrongful death claims are civil actions, separate from any criminal proceedings that may be brought against the responsible party. While criminal cases aim to punish the offender, civil wrongful death lawsuits seek to compensate the decedent’s family for their loss.
Who Can File a Wrongful Death Lawsuit in Texas?
Only specific individuals are legally authorized to file a wrongful death claim in Texas. These include:
- The surviving spouse
- The children (biological and legally adopted)
- The parents of the deceased
These family members can file individually or as a group. If none of these parties files a wrongful death claim within three months of the date of death, the executor or administrator of the decedent’s estate may file the lawsuit on behalf of the beneficiaries, unless all eligible parties request otherwise in writing.
Notably, siblings and grandparents aren’t permitted to bring a wrongful death claim under Texas law.
Wrongful Death vs. Survival Actions in Dallas, TX
Texas recognizes both wrongful death and survival claims, and while they’re often brought together, they serve different purposes:
- A wrongful death claim compensates surviving family members for their losses due to the death (e.g., emotional suffering, loss of support).
- A survival action, governed by Texas Civil Practice & Remedies Code § 71.021, allows the estate to recover damages the deceased could have claimed had they survived. This includes medical bills, lost wages, and pain and suffering the decedent experienced before death.
Common Causes of Wrongful Death Claims in Dallas
Wrongful death claims arise from a wide range of fatal incidents. Common examples in Dallas include:
- Motor vehicle accidents, including car, truck, motorcycle, and pedestrian crashes
- Workplace accidents, particularly in construction, oil and gas, or industrial sectors
- Defective products, including automotive or medical device failures
- Premises liability, including fatal falls or negligent security incidents
- Criminal acts, such as assault, battery, or drunk driving
- Medical malpractice, such as surgical errors or misdiagnosis
In each case, the underlying theory of liability is that the death wouldn’t have occurred but for another party’s negligent or wrongful behavior.
Damages Available in Dallas Wrongful Death Cases
Surviving family members may be entitled to a wide range of compensatory damages under Texas law, including:
- Pecuniary losses: Loss of the deceased’s earning capacity, care, maintenance, services, support, and financial contributions
- Mental anguish: Emotional pain and suffering caused by the loss
- Loss of companionship and society: Deprivation of positive benefits from the family relationship
- Loss of inheritance: The value of assets the deceased likely would have left had they lived a full life
- Punitive damages: In rare cases involving gross negligence or willful misconduct, awarded to punish the wrongdoer and deter similar behavior
Each claim is fact-specific, and the type and amount of damages will vary depending on the circumstances surrounding the death and the relationship between the decedent and the surviving plaintiffs.
Proving Liability in a Dallas Wrongful Death Case
To prevail in a wrongful death claim, your wrongful death attorney must establish four legal elements:
- Duty: The defendant owed the decedent a legal duty of care (e.g., to drive safely, provide competent medical treatment, or maintain safe premises).
- Breach: The defendant breached that duty through negligent, reckless, or intentional conduct.
- Causation: The breach directly caused the decedent’s death.
- Damages: The death resulted in actual, compensable losses to the plaintiffs.
Dedicated Dallas Wrongful Death Legal Help Is Here
At Amanda Demanda Injury Lawyers, we understand that no amount of money can replace a loved one. However, pursuing a wrongful death claim can provide your family with the financial security and accountability you need. Our skilled and compassionate Texas wrongful death lawyers will investigate your case, guide you through the legal process, and fight relentlessly to recover fair compensation.
Let us shoulder the legal burden so you and your family can focus on healing. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
