The loss of a loved one is always upsetting and can turn your world upside down. When someone else is at fault, you may feel as if your family member was stolen from you before their time. Wrongful death cases involve determining who is liable for the death and holding them accountable for their negligent actions.

If your loved one was fatally injured, contact the Dallas wrongful death lawyers of Le & Le, PLLC for a free consultation today. Our law firm offers years of experience managing these cases so you can focus on grieving and supporting your family. We serve clients in the Dallas and Fort Worth areas, taking on all matters involving wrongful death. Schedule a free case review with us to learn more.

Wrongful Death Claims in Texas

In Texas, the wrongful death law (Tex. Civ. Prac. & Rem. Code § 71.002) defines wrongful death as when someone dies as a result of the wrongful actions of another person. This can include mistakes, negligence, or intentional behavior, as well as inaction on the part of the liable party. Wrongful death cases are civil actions, although the person may also face criminal charges from the state.

A wrongful death claim in Texas may be brought by those who qualify as one of the following:

  • Surviving spouse of the deceased
  • Surviving minor or adult child of the deceased
  • Surviving parent or parents of the deceased
  • Legally adopted child of the deceased
  • Surviving adopted parents of the deceased
  • Personal representative of the deceased’s estate

Note that a relative could be both a survivor with the right to sue as well as the personal representative for the estate. These types of claims are brought on behalf of the deceased, who would have standing to sue the defendant for personal harm if they had lived.

Statute of Limitations for Wrongful Death in Texas

Wrongful death cases follow the same legal process as a personal injury lawsuit and are subject to the same statute of limitations, allowing two years after the date of death to file an action. However, there are some exceptions to this law:

  • If the person bringing the suit is a minor child, they have until their 18th birthday plus two years to file a lawsuit.
  • The family of the deceased was unaware that the defendants committed negligence that led to the wrongful death during the two-year period.
  • The plaintiff experienced a mental or physical impairment, such as being severely injured in the car accident that killed their loved one, during the two years.
  • The defendant fraudulently concealed their actions that led to the death.

Determining whether any of these situations applies to your case takes careful examination by a skilled wrongful death attorney in Dallas. At Le & Le, PLLC, we listen compassionately to your story and begin investigating right away so we do not lose valuable time that could cost you the chance to secure justice through the courts.

Types of Wrongful Death Claims

There are many common causes of wrongful death, such as car accidents. Most cases boil down to either negligent or intentional behavior on the part of the at-fault party or parties, and sometimes a combination of both. Examples include:

Medical Malpractice

Healthcare providers are expected to do their best in every situation they face. They are required to perform according to the standard of care for each patient. When they ignore clear signs of illness or fail to sufficiently investigate the cause of someone’s disease, they may be held liable for malpractice.

Intentional Harm

There are many instances in which a person may die after being the victim of intentional harm. Domestic violence, robbery, carjacking, kidnapping, assault, and adultery may all escalate to the point of death for your loved one. Regardless of whether the defendant faces criminal charges, you can still file a wrongful death lawsuit against them.

Negligence

The large majority of wrongful death cases result from negligence on the part of someone else. Your Dallas wrongful death attorney will need to demonstrate the person at fault owed your loved one a duty of care and failed in that duty. They must show a direct link between the negligent actions and the death to prove liability.

Negligence can include any of the following:

  • Animal attacks and dog bites
  • Car accidents
  • Construction accidents
  • Defective products
  • Failure to warn the public about a hazard
  • Pedestrian or motorcycle accidents
  • Slip and fall accidents
  • Truck accidents
  • Workplace accidents

How Our Wrongful Death Lawyers Can Help

Our goal at Le & Le, PLLC is to help surviving family members during this difficult time by tackling the legal complexities of your case. Your Dallas wrongful death attorney from our law firm will help you determine who is at fault, how to hold them accountable, and what compensation you can recover for your family’s loss. We are committed to supporting you in your grief.

We understand the law and how to interpret it to your advantage. We are also aggressive in negotiating with insurance companies to settle claims, pursuing wrongdoers to ensure our clients receive justice, and protecting your interests after a loss. Our lawyers recognize you are facing emotional devastation as well as a potential financial crisis if your family member was the breadwinner.

Securing Damages in a Wrongful Death Suit

We fight tenaciously to secure full compensation for the economic and non-economic damages inflicted on your family. While we know that no amount of money will replace the love, support, and presence of your loved one, we also understand that it can make the future more comfortable without them.

Some of the types of damages that could be part of your claim include:

  • Burial and funeral expenses: Even a modest ceremony can cost thousands of dollars. Your family member deserves an appropriate funeral to remember them.
  • Loss of companionship: Without a parent, children will suffer. Spouses will grieve for their other half, and parents will be devastated over the loss of their little ones. Losing the warmth, comfort, and guidance of your loved one is a significant expense that must be compensated.
  • Loss of consortium: Spouses will suffer the loss of an intimate relationship with their life partner, which can have significant emotional and mental effects for years to come.
  • Lost wages: In addition to losing your loved one’s income, you will likely also need to be out of work. This double blow to your family’s finances could jeopardize your ability to pay bills or even keep your home.
  • Medical expenses: If your loved one suffered serious injuries that later claimed their life, you can seek compensation for every bill from doctors and hospitals.
  • Mental anguish and emotional distress: The long hours and days after a wrongful death are full of questions as to why this happened. Surviving family members experience a whirlwind of emotions as they struggle to manage the logistics of a funeral and pick up the pieces.

Negotiating a settlement for relief of the damages your family has suffered allows you to reestablish financial stability for your household. If not for your loved one’s untimely death, you would not require significant compensation, and the at-fault party must pay in full to make you whole.

Punitive Damages in a Wrongful Death Claim

Suppose a company recklessly fails to correct a defective product that results in a number of deaths or the actions of the defendant were grossly negligent in your loved one’s death. In that case, punitive damages may be awarded. Your attorney can request these, but they are generally up to the judge’s discretion.

Punitive damages are meant to harshly punish the defendant and set an example to others that similar negligent actions will not be tolerated by the law.

Contact Us to Discuss Your Wrongful Death Lawsuit Today

When you are suffering the loss of a loved one because of negligence or recklessness on the part of another person, you must contact a law firm that will provide compassionate and effective legal advice.

At Le & Le, PLLC, we are experienced in pursuing those who hurt your family under Texas law. Contact us to schedule a free case review with an accomplished Dallas wrongful death lawyer today.