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Wrongful Death Attorney

Dallas Wrongful Death Attorneys

Seeking Justice for Your Loved One After a Wrongful Death

A loved one losing their life in an accident can turn the world upside down for their family and friends. For those who are dependent on them, an unexpected death can be devastating. In addition to the loss of companionship and comfort, their loss could mean a loss of income and care. While facing a future without a trusted companion might be daunting, you shouldn’t have to do it alone.

At J. Alexander Law Firm, we offer experienced counsel and advocacy for the families of accident victims who have recently lost their lives due to the negligence of another. While there’s no such thing as replacing the departed, we do our best to help their dependents be properly cared for in the aftermath. Our experienced Dallas wrongful death lawyers are staunch advocates for victims, helping them be made whole by holding responsible parties accountable. We have recovered more than $10 million for our clients and are proud to be part of the prestigious Million Dollar Advocates Forum®. 

Have you lost a loved one due to someone else's negligence? Call J. Alexander Law Firm today at (214) 206-3264 or contact us online for a free consultation and let us help you seek the justice and compensation your family deserves.

What Is a Wrongful Death?

To put it plainly, a “wrongful death” occurs when someone loses their life as a result of another party’s negligence. This can come in many different forms: someone who drives recklessly and causes a car accident, someone who fails to take proper safety precautions on a job site or even a company that makes a mistake when manufacturing a product, causing it to fail with catastrophic consequences. 

In cases of wrongful death, the aftermath can be overwhelming for the surviving families. Understanding the situation and potential legal implications is crucial. Engaging with a wrongful death attorney in Dallas at this stage can help families navigate complex legal landscapes and focus on healing while ensuring their loved one's rights are upheld. An experienced attorney not only handles the legal burdens but also works to secure the necessary resources for a family to rebuild after such an unimaginable loss.

A wrongful death case is a civil action, usually brought by the family of the victim. Essentially, if your loved one were still alive and had another party acted appropriately, You may be able to classify that as wrongful death and hold them accountable for compensation.

Common Causes of Wrongful Death

Wrongful death cases stem from negligent actions that disregard the safety and well-being of others, ultimately resulting in someone's death. Negligence occurs when an individual or entity fails to act with the level of care that a reasonable person would exercise in similar circumstances, leading to harmful consequences. Establishing negligence is crucial, as it demonstrates that the responsible party's actions directly contributed to the fatal incident.

Wrongful death incidents can vary widely in nature. For instance, medical malpractice can lead to wrongful death if a healthcare provider deviates from the standard care expected, causing fatal outcomes. Similarly, defective consumer products, like faulty machinery or unsafe home appliances, can lead to unforeseen tragedies. Each wrongful death scenario requires a thorough examination of evidence and circumstances to identify the responsible parties and to secure rightful compensation for the affected families.

Wrongful death cases can stem from several different incidents, including:

  • Traffic accidents with reckless or impaired drivers
  • Workplace accidents (including oilfield accidents) resulting from inadequate safety measures or training
  • Defective products that cause fatal injuries during normal use
  • Acts of violence, including homicide or negligent security situations

Who Can File a Wrongful Death Case?

Not just anyone can file a wrongful death case in Texas; only certain family members of the departed can, and comprehensive proof is required. Typically, those who file these cases are the immediate family members, such as the spouse, their children, and the parents of unmarried children.

In some situations, proving eligibility to file a wrongful death claim can involve intricate legal processes. For example, if a life partner who is not legally married wishes to file a claim, they must demonstrate dependency or significant shared responsibilities. This ensures that only those genuinely affected by the death are involved in seeking justice and compensation. Legal guidance is essential in these situations to navigate the requirements and increase the likelihood of a successful claim.

Life partners and distant family members like grandparents raising a child may also be eligible to file a wrongful death case, but this is usually only an option if they are dependent on the accident victim in some way. For example, a grandchild may file suit if they lived with or were being raised by the accident victim. If you have suffered financially and lost your support network due to the death, then talk to a wrongful death lawyer about your many options.

Statute of Limitations for Wrongful Death Cases in Texas

In the state of Texas, you have two years from the date of the victim’s passing to file a wrongful death case. If you do not file within this time, there is a strong chance the court will refuse to hear your case, so we recommend reaching out to start the process as soon as possible. However, there are some exceptions to this rule:

  • If the other party’s liability is not obvious, the time limit does not begin until the true cause of death is discovered.
  • If the at-fault party deliberately concealed their involvement, the two-year countdown does not begin until the victim's family learns of the concealment.
  • If you cannot file due to being seriously ill or indisposed, the court may still agree to hear your case.
  • Minors who lose their parents may wait until they are 18 years of age to file, even if that goes beyond the two-year time limit.

Understanding the statute of limitations is vital as it dictates your ability to pursue compensation through the court system. An experienced wrongful death lawyer in Dallas can guide you through potential exceptions and ensure timely filing to protect your rights. Early legal consultation is often the key to overcoming procedural hurdles and presenting a strong case.

If you have recently lost a loved one and wish to file a wrongful death case, we strongly recommend speaking with an attorney about your options as soon as possible. Filing a strong case can take time, and having a skilled advocate on your side is important throughout the process. 

This is why we offer initial consultations that are completely free of charge—we want you to be able to reach out to an advocate who can assist you without worrying or stressing about affordability. This is also why we operate on a contingency fee—you’ll never pay unless we recover compensation on your behalf. 

Compensation for Grieving Families

The purpose of wrongful death lawsuits is to provide financial support and a sense of justice to the survivors. The compensation (often referred to as “damages”) available in wrongful death cases typically falls into two main categories: economic and non-economic damages.

Economic damages are intended to cover the financial losses directly resulting from the death of the victim. They include:

  • Loss of Financial Support: The survivors can seek compensation for the financial contributions that the deceased would have provided, such as wages or salary, bonuses, and potential future earnings.
  • Loss of Benefits: This includes loss of benefits like health insurance, retirement savings, and other financial benefits the deceased may have provided to their family.
  • Medical Expenses: These expenses can be claimed if the deceased incurred medical expenses before death, such as hospital or treatment costs due to the injury or illness that led to their death.
  • Funeral and Burial Costs: Surviving family members can recover the reasonable costs associated with the funeral and burial of their loved one.

Non-economic damages compensate for the emotional and psychological impact on the surviving family members. They include:

  • Loss of Companionship: This compensates for the loss of love, affection, and companionship the survivors would have received from the deceased. Spouses, children, and parents often seek this type of compensation.
  • Loss of Parental Guidance and Care: Children of the deceased may recover damages for the loss of parental guidance, emotional support, and upbringing that they would have received had their parent survived.
  • Mental Anguish: Surviving family members can be compensated for the emotional pain and suffering caused by the unexpected loss of their loved one.

In addition to wrongful death claims, Texas law also allows for a survival action to be filed. This is a separate legal action that seeks compensation for the pain and suffering, medical expenses, and other damages the deceased person experienced before their death. A survival action essentially allows the deceased person’s estate to recover damages as if the deceased had survived and was bringing the claim themselves. The damages awarded in a survival action go to the deceased person’s estate rather than directly to the surviving family members.

Even though no amount of money is worth the loss of life, these damages are essential in helping families cope with the loss and rebuild their lives.

Choosing the Right Dallas Wrongful Death Attorney

Selecting the right attorney in Dallas for a wrongful death claim involves evaluating several factors, including legal acumen, empathy, and commitment to client advocacy. Families need a law firm with a personalized touch and the professional aptitude to handle complex litigation effectively. At J. Alexander Law Firm, we emphasize building strong, personal relationships with our clients, ensuring they feel supported throughout the legal process.

Our team combines extensive legal knowledge with a compassionate approach, offering valuable insight and responsiveness every step of the way. This personalized support is complemented by our proven ability to recover substantial compensation through aggressive negotiations and trial advocacy when necessary. Our clients appreciate our dedication to pursuing the maximum compensation possible while respecting the emotional sensitivities involved in wrongful death cases.

Frequently Asked Questions About Wrongful Deaths in Dallas

How Long Does It Take to Resolve a Wrongful Death Claim?

The timeline for resolving a wrongful death claim in Dallas can vary significantly depending on several factors, including the complexity of the case, the willingness of involved parties to settle, and the court's schedule. These claims can take several months to over a year to resolve. Engaging a committed attorney who understands the local court systems and procedures can help navigate these challenges and keep the process moving as efficiently as possible. The complexities of litigation require patience and comprehensive preparation, but pursuing justice and rightful compensation for families remains paramount.

Who Can Be Sued in a Wrongful Death Case?

A Dallas wrongful death case can involve lawsuits against various parties who contributed to the fatal incident. Potential defendants include individuals, such as reckless drivers or negligent outfield workers, businesses that failed to maintain safe environments, and manufacturers of defective products. Determining liability involves examining the intricate details of each case, often requiring the expertise of accident reconstruction specialists and other professionals to ascertain fault accurately.

What Are Common Challenges in Wrongful Death Cases?

Wrongful death cases face numerous challenges in Dallas, including gathering sufficient evidence to prove negligence, dealing with uncooperative insurance companies, and navigating legal procedures. Accurately quantifying non-economic damages is also inherently complex due to their subjective nature. Overcoming these obstacles demands seasoned legal insight and meticulous preparation, ensuring the pursuit of justice is effective and respectful of the family's loss.

Contact Our Dallas Wrongful Death Lawyers Today 

While replacing a loved one is impossible, you shouldn’t have to face the future without them alone. As advocates on your side, J. Alexander Law Firm can help you get the compensation for your lost loved one that you are entitled to. Our wrongful death lawyers in Dallas are staunch advocates who protect the best interests of our clients, and we’re not afraid to do what it takes on your behalf. That includes taking your case to trial if necessary.

Don’t wait to take legal action. Speak with a Dallas wrongful death attorney now to discuss your case and explore your options for holding the responsible parties accountable!

  • What damages are available for wrongful death victims?
    Wrongful death victims may be able to claim both economic and non-economic losses. These can include loss of companionship, loss of income, emotional damage, loss of care, maintenance, services, and more. In the case of extreme negligence or misconduct, victims may also be eligible to receive punitive damages. Each case is unique, so talk to an attorney as soon as possible to learn more about your options.
  • What happens if someone passes away before they can file an injury claim?

    If someone is injured through the negligence of another but is unable to file a claim for that injury before they pass away, then the right to file this injury suit passes on to the deceased’s heirs or to their estate. This happens regardless of whether or not the person’s passing is in any way related to the injuries they sustained from their accident.

    Here’s an example: If someone is badly injured in a car accident but then suffers a fatal heart attack while in the hospital recovering, their heirs or their estate will inherit the right to file a lawsuit against the at-fault party for the initial car accident. This is known as a “survival action.”

  • How long does a wrongful death lawsuit take?
    There isn’t really a simple answer to this question. More complex cases will require more in-depth investigations, and those investigations will take more time. Likewise, this complexity will probably mean more complex negotiations, a longer trial, and more. In some cases, a settlement can be reached within a few weeks’ time. In more extreme cases, however, a case might go on for two years or more.

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