When you experience the tragic and unexpected death of a family member in Dallas, Texas, it’s easy to feel lost and overwhelmed. The experienced Dallas wrongful death lawyers at Benton Accident & Injury Lawyers are here to lend the support you need. Call us at (214) 556-8321 for a free consultation.
On top of your grief, it’s easy to get stressed out over your finances, especially if you relied on your family member’s income. Fortunately, you may be entitled to compensation. We can offer the guidance and advocacy you need during this difficult time in your life.
For more than a decade, Benton Accident & Injury Lawyers has been a compassionate advocate for grieving families throughout the greater Dallas-Fort Worth metro area. As award-winning Texas litigators with decades of combined experience, we’ve helped clients recover millions of dollars in settlements and jury awards.
Don’t settle for less than you deserve in the wake of your loved one’s tragic death. Force the results you deserve by calling our Dallas law office today. There’s no charge for an initial case evaluation.
How Benton Accident & Injury Lawyers Fights For Grieving Families in Dallas, TX
Money won’t turn back time. It won’t bring your loved one back to you. It won’t take away the excruciating pain you’re experiencing. It can, however, help to alleviate the financial stress you’re dealing with and provide a sense of justice when the person responsible for your family member’s death is forced to take accountability.
Getting compensation won’t necessarily be easy. The insurance adjuster might appear to be sympathetic to your loss, but they’ll do everything in their power to limit or deny your financial recovery. Hiring an experienced Dallas personal injury attorney can help you force meaningful negotiations and win the top-dollar monetary award your family deserves.
At Benton Accident & Injury Lawyers, we’re recognized for excellence in personal injury litigation by Best Lawyers, Avvo.com, Expertise.com, the Multi-Million Dollar Advocates Forum, and other leading organizations. Former clients describe our representation as empathetic, exceptional, kind, and honest. We strive to make a difference in the lives of each and every person we represent, and we’ve won millions of dollars in the process.
You can count on us to:
- Coordinate a prompt, independent investigation into your wrongful death case.
- Gather evidence needed to support a winning legal claim for damages, such as accident reports, property damage, witness statements, maintenance records, forensics reports, and video footage.
- Enlist expert witnesses to collaborate with our legal team throughout the claims process.
- Evaluate the ways in which your loved one’s death has affected your family’s life and determine what your wrongful death claim is worth.
- Determine the best strategy for dealing with claims of comparative fault.
- Craft a winning legal claim and file it with the at-fault party’s insurance company and/or local Dallas County court clerk.
- Represent your family during negotiations with the defense.
- Help you understand the pros and/or cons of accepting/rejecting any settlement offers you receive.
- Argue the merits of your wrongful death lawsuit before a Dallas jury, if necessary.
Hiring a Texas wrongful death lawyer in Dallas can help you win your case and make the most of your financial recovery. When you choose Benton Accident & Injury Lawyers, getting help doesn’t have to be stressful. We represent families on a contingency fee basis. Pay nothing unless we win compensation for your wrongful death claim.
Ready to get started? Call our Dallas law office today to arrange a time for a free consultation. Members of our legal team are available to help 24 hours a day.
What is Wrongful Death?
Texas defines “wrongful death” in Tex. Civ. Prac. & Rem. Code § 71.002 as a death resulting from a third party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” Under this definition, almost any death arising from an accident or criminal act can be considered “wrongful” and give rise to litigation.
At Benton Accident & Injury Lawyers, we have extensive experience advocating for families in wrongful death cases involving:
- Car accidents
- Truck accidents
- Uber and Lyft rideshare accidents
- Bus accidents
- Train accidents
- Mass transit accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Assault
- Sexual assault
- Product liability
- Medical malpractice
- Nursing home abuse
If you’ve lost a close family member in an accident or because of an act of criminal violence in Dallas, don’t hesitate to contact our law firm to discuss your situation. Our wrongful death attorneys can listen to your story, explain your potential legal options, and help you put a plan into action to get the financial justice you deserve.
Who Can File a Wrongful Death Lawsuit in Texas?
Not just anyone can file a wrongful death lawsuit. In Texas, this right is exclusive to the decedent’s closest surviving family members. Under Sec. 71.004, “the surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
What happens if an accident victim is not survived by a spouse, child, or parent? In these situations, the right to file a wrongful death claim shifts to their estate. More specifically, the personal representative can file a claim on the estate’s behalf.
What Damages Can Be Awarded in a Wrongful Death Case?
Wrongful death claims are unique because they’re designed to compensate an accident victim’s family rather than the victim themselves. So, the types of damages that can be awarded are slightly different than those that can be awarded in other types of personal injury cases.
In Texas, families can seek both economic damages (to offset financial costs) and non-economic damages (to help them cope with harder-to-value suffering) related to:
- Lost wages, benefits, income, and financial support the decedent would have provided if they’d lived
- The value of the care, maintenance, services, and support provided by the decedent
- The loss of the decedent’s care, love, comfort, and society
- Pain and suffering
- Emotional distress
- Loss of inheritance the plaintiff could have expected to receive if their loved one had survived
It’s important to acknowledge that these damages are intended to compensate the family for their experience. Damages for any pain and suffering or monetary costs experienced by the decedent can only be awarded in a separate survival action, which is only appropriate if the decedent survived their injuries for a period of time.
Punitive damages may also be available in cases that go to trial if there’s clear and convincing evidence that the defendant’s conduct was grossly negligent or intentional.
Can the Decedent’s Shared Fault Affect the Value of a Texas Wrongful Death Settlement?
Yes. Texas’ modified comparative negligence statute applies to most matters of personal injury, including wrongful death litigation. Under the law, damages can be awarded on a reduced basis when shared fault is equal to or less than 50 percent. When liability is greater than half, the ability to demand compensation from a third party is lost. In wrongful death cases, the victim’s shared fault is taken into consideration. So, the degree to which an accident victim contributes to their fatal injuries will affect their family’s wrongful death claim.
For instance, you could expect to recover 75 percent of the value of your wrongful death claim if your spouse, who was killed in a Dallas car accident, was assigned 25 percent of the blame for their fatal crash. Similarly, you would not be permitted to recover compensation from a third party if your spouse’s shared responsibility was greater than half.
What is the Statute of Limitations For a Wrongful Death Lawsuit in Texas?
Texas applies a strict two-year statute of limitations to most wrongful death lawsuits. So, you’ll have until the second anniversary of your family member’s death to formally seek compensation from a negligent motorist, a manufacturer, a government agency, an insurance company, or another liable party. When the filing deadline passes, you forfeit the right to take legal action and demand compensation for your devastating loss.
Arrange a Free Case Review With an Experienced Dallas Wrongful Death Lawyer
You may have suffered an excruciating loss after a fatal accident in Dallas, Texas, but you don’t have to struggle with the consequences on your own. Benton Accident & Injury Lawyers is here to offer the trustworthy, compassionate legal representation you need and deserve.
Our Dallas wrongful death lawyers are award-winning litigators with a proven history of winning top results for injury victims and families across the state. Now, we’re here to help you take on a powerful corporation and demand that they take responsibility for the death of your spouse, parent, or child.
Contact our Dallas, TX, law office to learn more about working with our top-rated legal team. There’s never a charge for your initial case evaluation.
Visit Our Personal Injury Law Office in Dallas, TX
Benton Accident & Injury Lawyers
1825 Market Center Blvd #350
Dallas, TX 75207
(214) 556-8321
Open 24/7
Highly Rated Funeral Services Near Us:
- González Funeral Home and Crematory – 3050 N Stemmons Fwy, Dallas, TX 75247
- Calvario Funeral Home – 300 W Davis St, Dallas, TX 75208
- Eternal Rest Funeral Home – 2830 S Ervay St, Dallas, TX 75215
- Solution Focused Psychological Services – 8585 N Stemmons Fwy Tower, Suite 700-S, Dallas, TX 75247
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.