The loss of a loved one is always a profound and life-altering event. When their passing is the result of another person’s negligence, recklessness, or intentional actions, the loss is even more devastating. Texas law allows surviving family members to seek justice and compensation through a wrongful death claim. Understanding what qualifies as wrongful death, particularly in Dallas, Texas, can help families make informed decisions about pursuing legal action.

Understanding Wrongful Death Under Texas Law

Wrongful death occurs when an individual dies due to the wrongful act, neglect, carelessness, or default of another party. In Texas, these claims are governed by the Texas Wrongful Death Act, which provides a pathway for eligible family members to seek financial compensation for their loss. Unlike criminal cases, wrongful death claims are civil matters that focus on holding the responsible party financially accountable rather than pursuing criminal penalties.

To establish a wrongful death claim, the plaintiff must prove that the death was directly caused by the actions or negligence of the defendant. This typically requires evidence of the defendant’s duty of care, how that duty was breached, and the resulting damages from the loss of life. Each wrongful death case is unique, but the underlying principle remains the same: the death would not have occurred without the wrongful conduct of the defendant.

Examples of Incidents Leading to Wrongful Death

Several scenarios can give rise to wrongful death claims. While every case is different, common causes include:

Car Accidents: In Dallas, fatal car accidents often result from reckless driving, driving under the influence, distracted driving, or failure to follow traffic laws. These incidents frequently lead to wrongful death claims when another party’s negligence is to blame.
Medical Malpractice: Fatal medical errors, such as misdiagnoses, surgical mistakes, or improper treatment, can result in preventable deaths. When healthcare providers fail to meet the standard of care, they may be held accountable.
Workplace Accidents: Dangerous working conditions, inadequate safety measures, or faulty equipment can lead to fatal injuries, particularly in industries like construction, manufacturing, and transportation.
Defective Products: Manufacturers and designers can be liable for wrongful death if a defective or unsafe product causes fatal injuries. This includes malfunctioning machinery, unsafe vehicles, or harmful consumer products.
Intentional Acts: Deliberate actions, such as assault or homicide, can form the basis of a wrongful death claim in addition to any criminal charges the perpetrator faces.

In all these cases, the central issue is that the death was preventable and resulted from someone else’s wrongful actions.

Who Can File a Wrongful Death Claim in Texas?

Texas law specifies who is eligible to file a wrongful death lawsuit. The primary individuals who can bring a claim include:

The deceased person’s surviving spouse
Children of the deceased, including both minor and adult children
Parents of the deceased

If none of these parties files a claim within three months of the death, the executor or administrator of the deceased’s estate may file the lawsuit instead, provided the eligible family members do not object. Siblings and extended family members are generally not allowed to file wrongful death claims under Texas law.

Each eligible party may file a claim individually, or all eligible parties may join together in a single lawsuit. The goal is to ensure that those most directly affected by the loss receive compensation for their suffering and financial hardship.

What Damages Are Recoverable in a Wrongful Death Claim?

Wrongful death claims are designed to compensate surviving family members for the tangible and intangible losses they have suffered due to their loved one’s death. In Texas, damages fall into three main categories:

Economic Damages: These include measurable financial losses such as funeral and burial expenses, medical bills incurred before the death, and the loss of the deceased’s income and financial contributions to the household.
Non-Economic Damages: These account for emotional and psychological losses, such as pain and suffering, loss of companionship, and the emotional anguish of losing a loved one.
Punitive Damages: In cases involving gross negligence or willful misconduct, the court may award punitive damages to punish the defendant and discourage similar behavior in the future.

Calculating damages requires a thorough assessment of the family’s immediate and long-term needs. An experienced attorney can help ensure that all losses are considered when pursuing compensation.

The Statute of Limitations for Wrongful Death Claims

In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. This means that surviving family members must file their claim within this timeframe or risk losing their right to seek compensation. However, there are exceptions to this rule. For instance, if the wrongful conduct was intentionally concealed, the statute of limitations may be extended.

Because the legal process can be time-consuming, it is advisable to begin working on a claim as soon as possible. Acting promptly ensures that evidence is preserved and witnesses remain available to provide testimony, strengthening the case.

Steps in a Wrongful Death Case

Filing a wrongful death claim involves several steps, each designed to establish liability and secure compensation for the family. These steps typically include:

Investigation: Gathering evidence, such as police reports, medical records, and witness statements, to build a strong case.
Filing the Lawsuit: Initiating legal action by submitting the necessary documents to the court.
Negotiations: Engaging with the defendant’s legal team or insurance company to pursue a settlement that reflects the family’s losses.
Litigation: Presenting the case in court if a fair settlement cannot be reached through negotiations.

An experienced wrongful death attorney can guide families through each stage of the process, advocating for their interests and ensuring that their rights are protected.

Why Legal Representation Matters

Wrongful death cases are often emotionally and legally complex. Having a skilled wrongful death attorney on your side can make a significant difference in achieving a fair outcome. A lawyer can handle the legal intricacies of the case, allowing families to focus on healing and remembrance. From investigating the circumstances of the death to negotiating with insurance companies, an attorney ensures that the responsible party is held accountable and that justice is served.

Contact Galliani Injury Law Today for Support and Justice

At Galliani Injury, we are dedicated to helping families in Dallas and throughout Texas seek justice for their loved ones. Our compassionate and experienced team understands the challenges you face and is committed to providing personalized, effective representation. If you believe your loved one’s death was caused by negligence or wrongful actions, we are here to help you through this difficult time.

What Is Considered Wrongful Death in Dallas, Texas?