Dallas Wrongful Death Attorneys | Galliani Injury Law

Wrongful death claims are pursued when an individual’s negligence, carelessness, or misconduct results in the death of another person. At Galliani Injury, we understand the deep sorrow and burden that the death of a family member or loved one can cause, and we are committed to helping families seek justice and closure in these trying times. Our firm is always available to offer outstanding legal representation and ensure that the liable parties are held accountable for their actions.

To speak further with one of our qualified Dallas attorneys and discuss whether a wrongful death claim is right for you and your family, call us today and schedule a free consultation.

Common Accidents Leading to Wrongful Death Cases

There are a number of different scenarios that could result in a wrongful death. Some of the most common examples of wrongful death in Dallas include:

Medical malpractice: If a doctor or healthcare worker’s negligence or malpractice leads to a patient’s untimely death, family members are able to file a wrongful death claim. Whether it was a surgical error, a failure to diagnose a serious illness, improper treatment, or a lack of treatment altogether that resulted in the patient’s death, families will be able to build a wrongful death case based on the medical malpractice.
Car accidents: Family members of the victim will also be able to file a wrongful death case after a fatal accident in Dallas. If another driver or party was involved in the accident that resulted in the death of your loved one, it may be considered wrongful death.
Workplace accidents: particularly in high-risk industries like construction or manufacturing. While fatal workplace accidents are not incredibly common, they are still likely to happen in high-risk industries like construction or manufacturing. If your loved one died in a Dallas workplace accident because of the company’s or another party’s negligence or recklessness, you may have a wrongful death claim on your hands.
Defective products: Deaths that result from a defective product, like an airbag or an unsafe child’s toy could be considered wrongful death. As consumers, we expect manufacturers to provide us with a safe and reliable product. When those products cause harm, especially death, you may be able to hold them accountable for their negligence and carelessness.
Criminal acts: Deaths caused by violent or criminal acts can be considered wrongful death. Intentional acts like murder or assault can be charged against the responsible party in a wrongful death claim in Dallas.

Families of the deceased may experience not only emotional distress but also significant financial hardship due to lost wages, medical bills, and funeral costs.

What Makes a Death a Wrongful Death in Texas?

We have mentioned throughout the page that a wrongful death involves negligence or misconduct. However, Texas law outlines specific criteria that must be met in order for a death to qualify as a wrongful death. Here some of the key elements needed to establish wrongful death in Dallas:

Death Caused by a Wrongful Act, Neglect, Carelessness, Unskillfulness, or Default:

In Dallas, if a person’s death is a direct result of a wrongful act, like murder or assault, it qualifies as a wrongful death. Even if the defendant did not intend to kill the individual, a death caused by a physical altercation or act of violence is still considered a wrongful death.

A death that results from another person’s negligence or carelessness will also be considered a wrongful death in Dallas. For example, a driver who runs a light and strikes a pedestrian or gets into an accident while driving under the influence was acting negligently. Medical malpractice cases are also common examples of negligent or careless acts that can result in death.

Default refers to poorly trained or unskilled professionals who fail to meet safety practices at their companies. In high-risk industries like construction, failure to properly train your employees could lead to a fatal accident.

The Death Would Have Led to a Personal Injury Claim Had the Person Survived

Another key component of a wrongful death case is that the deceased must have had the right to pursue a personal injury claim for the accident had they survived. A wrongful death lawsuit essentially acts as a substitution for the personal injury claim that the deceased did not have the opportunity to file themselves. If the deceased had gotten in a car accident, undergone surgery, or gotten in a physical altercation and did not survive to file a personal injury claim, their family will be able to pursue a wrongful death claim instead.

A Causal Link Between the Action (or Inaction) and the Death

In order for another person to be held liable for your family member’s death, there must be an established, causal link between their actions (or inaction) and the person’s death. To prove that a defendant’s actions were directly related for another person’s death, it must be proven that:

The defendant owed a duty of care to the deceased
The defendant breached that duty through negligence, carelessness, or intentional misconduct.
The breach directly resulted in the death, and the death caused quantifiable harm to the survivors.

In Dallas, eligible family members will generally have two years from the date of the deceased’s death to file a wrongful death claim. If the person filing the claim is a minor, they will have two years from the time they turn eighteen years of age to file. As we mentioned earlier, eligible family members who do not file the wrongful death claim within three months may lose out on the opportunity to the executor of the will. Executors and administrators will be able to file the claim themselves after three months, though family members will be able to give their input and plead with the executor to respect their wishes.

Consulting with an experienced wrongful death attorney in Dallas will allow you to assess the details of your family member’s passing and determine whether or not a wrongful death claim is the right way to go.

Who Can File a Wrongful Death Claim in Dallas?

In the state of Texas, wrongful death claims are reserved for family members of the deceased victim. This means that in Texas, the only people allowed to file a wrongful death lawsuit are:

Spouses
Children
Parents

Spouses can include couples who are either legally married or considered a couple by common law. Surviving spouses will be eligible to file a wrongful death claim even if they were separated or remarried at the time of the other’s death.

Children of the deceased are also able to file a wrongful death claim. Both biological children and adoptive children have the authority to pursue a claim. This can include either minor children who were directly dependent on the deceased, or adult children interested in seeking justice on their parent’s behalf. Some other states exclude adult children from being able to pursue a wrongful death claim, though residents of Texas are able to pursue non-economic damages for a loss of companionship or support.

It is always a travesty when a parent outlives their child. Fortunately, Dallas parents will have the ability to pursue a wrongful death claim to help cope with the loss and profound emotional troubles. Similarly, parents will be able to file a wrongful death claim on behalf of their child regardless of their age at the time of their death. Adoptive parents also share this same privilege. Divorced parents can either choose to file a wrongful death claim jointly or separately for the loss of their child, though the court will generally award each parent based on their level of involvement in their child’s life.

Here is a list of family members or loved ones who are not eligible to file a wrongful death claim in the state of Texas:

Grandparents
Siblings
Biological parents of an adopted child
Adopted children on behalf of their biological parents
Boyfriends and girlfriends (not common-law marriages)
Stepparents
Stepchildren

Texas firmly upholds the rights of spouses, children, and parents to file wrongful death claims after the death of a family member. The state believes that these relationships are the most impactful and often involve a level of financial or emotional dependency, which is a key component in wrongful death claims.

After the death of a family member, filing a wrongful death lawsuit is generally not top of mind. However, it is important to remember that if one of the eligible family members does not file a wrongful death claim within three months of the deceased’s passing, the executor of the will or administrator of the estate may be able to file the claim.

How Much Is My Wrongful Death Claim Worth?

Since each wrongful death case is unique, it’s impossible to put an exact dollar amount on what kind of compensation families can expect to receive after the death of a loved one. However, depending on the circumstances of your family member’s death, there are certain damages you may be able to seek.

Economic Damages

After a wrongful death, family members of the victim will be able to seek economic damages, which is compensation for costs directly related to the accident. Not only does this include medical bills for visits, surgeries, hospital stays, and more, but it also includes compensation for any income that helped provide for the victim’s family. Any contributions or future potential earnings that would have gone directly to the family may be awarded in a wrongful death case.

Economic damages can also include the costs of funerals, burials, and cremation services.

Non-economic Damages

Non-economic damages are meant to compensate for the family’s emotional loss and troubles after a wrongful death. A premature death often leaves family members feeling a loss of companionship, support, and guidance. These damages aim to make up for the mental anguish and grief that a family must endure after the passing of a loved one. These damages can be sought in a wrongful death case whether the victim was a spouse, child, or parent.

Punitive Damages

The court may decide to award punitive damages, which is compensation purely intended to punish the defendant or liable party, during a wrongful death case. Punitive damages are often awarded when the defendant was willfully or intentionally violent, careless, or grossly negligent in the victim’s death. An example of gross negligence in a wrongful death case would be a drunk driver who was driving recklessly and aggressively at the time of the accident.

To learn more about the different types of compensation that you may seek in a wrongful death case in Dallas, schedule a free consultation to speak with one of our highly experienced and determined attorneys. At Galliani Injury, we take great pride in helping the families of wrongful death victims focus on recovery and get their lives back on track.

How Galliani Injury Can Help

Handling a wrongful death case requires sensitivity combined with aggressive legal action. Here’s how our Dallas firm approaches these delicate cases:

In-Depth Investigation: We thoroughly investigate the circumstances surrounding the death, gathering evidence, interviewing witnesses, and consulting experts to build a robust case against those responsible.
Understanding of Legal Rights: Our legal team explains all aspects of wrongful death law to the victim’s family, clarifying their rights and the legal avenues available for seeking compensation.
Maximizing Compensation: We strive to ensure that Dallas families receive full compensation for the economic and non-economic damages they have suffered. This includes medical expenses incurred before death, loss of future earnings, loss of companionship, and mental anguish.
Compassionate Representation: Throughout the legal process, we maintain a compassionate approach, respecting the family’s need for time to grieve while handling the challenges of the case with utmost professionalism.

Contact Galliani Injury Today for Your Wrongful Death Claim

Losing a loved one is never easy, especially when it is prematurely caused by the negligence or carelessness of another person. While grieving the death of a family member or a loved one may take years, our dedicated team of Dallas attorneys at Galliani Injury Law will do everything in our power to hold the responsible party accountable and help secure the victim’s family a fair and reasonable compensation. We are here to help you gather the necessary evidence, determine liability, and file your claim within the legally allowed time frame.

You do not have to go through this alone. Our attorneys will provide you with compassionate support and expert legal representation. We put your needs first. To discuss your case with an experienced wrongful death attorney in Dallas, call today to request your free, no-obligation consultation.

Frequently Asked Questions

How long do I have to file a wrongful death claim in Dallas, TX?

In Dallas, TX, the statute of limitations for filing a wrongful death claim is typically two years from the date of death. However, there may be exceptions depending on the circumstances, such as when the negligence is discovered later. It’s crucial to consult with a wrongful death attorney as soon as possible to ensure your claim is filed within the required time frame.

What is the role of a Dallas wrongful death attorney in proving negligence?

A Dallas wrongful death attorney plays a crucial role in proving negligence by investigating the circumstances surrounding the death, collecting evidence, and building a compelling case. The attorney will work with experts, gather witness testimonies, and use accident reports to establish fault, ensuring that your family’s rights are protected.

How can Galliani Injury Law support families after a wrongful death in Dallas, TX?

Galliani Injury Law offers compassionate and experienced legal guidance for families who have suffered the loss of a loved one due to wrongful death. We handle the legal complexities, allowing your family to focus on healing while we fight for justice and financial recovery. Reach out to us for a free consultation.