Civil Justice Warriors

Dallas Wrongful Death Attorney

Have you lost a loved one due to the negligent actions of another individual? At Mathias Raphael PLLC Accident & Injury Lawyers, we know how to handle wrongful death claims and help families of fatal accidents seek compensation. We know that it is important to make sure that justice is served, and by taking legal action against the party responsible for your loved one’s death, we can help accomplish this goal regardless of whether it was the result of a car accident, truck accident, motorcycle accident, or any other type of accident.

Wrongful Death Resources:

Seeking Justice for Family Members Left Behind

It’s heartbreaking to lose a loved one. Survivors of someone who died as a result of the fault of another person or business may be eligible to file a wrongful death case. Wrongful death cases seek damages, or remuneration for the loss suffered by the survivors, such as lost wages, companionship, and burial costs.

If the deceased individual was the sole or main provider for the family, compensation can be a good way to cover the lost past and future income that would have been earned. While no amount of money can make up for the loss of a loved one, it can help you move forward without financial concerns. Our Dallas wrongful death attorneys can also help with a bad faith insurance claim if the insurance company wrongfully denies your claim or offers an insufficient settlement.

dallas wrongful death lawyer

What is a Wrongful Death Claim?

When a person dies as a result of another person’s legal fault, a wrongful death lawsuit can be filed. The ability to bring a wrongful death lawsuit is a relatively recent concept. This type of lawsuit was not permitted under “common law” (the laws imported to the United States from England). However, state and federal courts established the right to file a wrongful death lawsuit within the last century. Every state in the United States now has a wrongful death statute. A Dallas wrongful death lawyer will know how to handle wrongful death claims.

Wrongful death lawsuits cover a wide range of deadly occurrences, from minor vehicle accidents to complex medical malpractice or product liability cases. Individuals, businesses, and government agencies can be held legally liable for acting negligently (failing to act as a reasonable person would) or purposefully.

Who Can Bring a Wrongful Death Claim?

Unlike other lawsuits, wrongful death lawsuits add the wrinkle of having to figure out who has grounds to bring a lawsuit. In other words, because the person who was injured is deceased, how do you prevent everyone in the world from claiming they are entitled to proceeds? Determining who is eligible to bring a wrongful death suit is called determining standing for the real parties in interest

A wrongful death case to seek damages is typically for the sole benefit of the deceased’s surviving spouse, children, and parents. Other relatives and loved ones, such as grandparents, siblings, cousins, and romantic partners, are usually not eligible for compensation.

  • Members of one’s immediate family. Immediate family members, such as spouses and children (including adopted children), as well as parents of unmarried children, are almost always entitled to compensation.
  • Putative spouses, life partners, and financial dependents. A domestic or life partner, anyone who was financially reliant on the dead, and a “putative spouse” (a person who had a good faith conviction that he or she was married to the victim) may be entitled to compensation in some states.
  • Distant family members. In some cases, more distant family members, such as brothers, sisters, and grandparents, may be able to file wrongful death lawsuits. A grandparent parenting a child, for example, may be allowed to file a lawsuit.
  • Those who are financially disadvantaged. Even if they are not related by blood or marriage to the dead, some laws may enable non-related people who suffer financially as a result of the deceased to file a wrongful death lawsuit for lost care or support.
  • Parents of a fetus who died during pregnancy. Some laws support a wrongful death action in the death of a fetus.

If none of the surviving relatives who are eligible to bring the case do so within three months of their loved one’s death, the executor or administrator of the decedent’s estate can, with the exception that if all of the remaining family members who could file the action request that the executor not proceed with the claim is there a restriction to this.

What Damages Can Be Recovered

The surviving family members may be entitled to the following compensation:

  • Medical expenses
  • Costs of a funeral and burial
  • The financial contributions of a family member have been lost.
  • Loss of care, support, maintenance, guidance, and counsel from a family member
  • Loss of love, friendship, and comfort from a family member
  • Loss of a family member’s inheritance
  • Pain in the body and mental agony
  • Punitive damages – Only in specific situations where the court intends to allow for the punishment of the wrongdoer

Statute of Limitations in Texas

The surviving spouse, children, parents, or the estate’s representative have two years from the date the action accrues to file a wrongful death claim under Section 16.003(b). The date on which the cause of action arises is usually the day on which your loved one died, but this is not always the case. There are a number of circumstances that can cause the statute of limitations for wrongful death to be delayed or paused. If it has been more than two years after your loved one died, an analysis will be needed to see if your case applies for one of the exceptions.

Why You Need a Dallas Wrongful Death Attorney

When you’ve suffered the loss of a beloved family member or spouse, there’s little that can make up for your wounds. The effects of such a personal loss may be felt in all aspects of your life. The psychological pain can be excruciating, and the financial strain can be difficult to bear.

In some cases, however, filing a wrongful death lawsuit may bring you a measure of peace, as well as security regarding your financial future. This is especially true when no crime was committed and there is no justice to be found in the criminal courts.

Even if the defendant did commit a crime, the prosecutor’s primary goal is to uphold the law – not to ensure that you receive fair compensation. A Dallas personal injury lawyer, on the other hand, will strive to secure financial recovery on your behalf, allowing you to spend more time with your friends and family after this traumatic experience.

Choose Our Dallas Wrongful Death Lawyers

Facing the aftermath of wrongful death is an incredibly difficult and trying experience. The emotional and legal complexities that arise during this time can be overwhelming. At Mathias Raphael PLLC Accident & Injury Lawyers, we understand the profound impact that such tragedies have on families and loved ones. Our compassionate wrongful death attorneys are here to provide unwavering support and guidance as you navigate through this challenging period. With our assistance, you can focus on honoring your loved one’s memory while we handle the legal intricacies on your behalf. Contact us today online or call (214) 307-8387 for exceptional legal support that dares to be different.