Written by: The Benton Law Firm Last Updated : November 28, 2022

Wrongful Death Lawsuit FAQs

If you’ve lost a loved one in Dallas due to the negligence of another party, you are legally entitled to compensation. You deserve recompense for your unfair loss, whether the party who hurt you was an individual, government entity, or corporation. In this FAQ set, we will cover what exactly wrongful death is under Texas law, when you can sue, and the damages for which you are entitled to compensation.

Determining if you have a legitimate case in the wake of tragedy isn’t pleasant, but it must be done. You must ask yourself if a wrongful act, neglect, carelessness, unskillfulness, or the fault of one party caused the death of your loved one. If it did, then you have a case.

Common examples of wrongful death suits include a third-party driving drunk, a negligent 18-wheeler or tractor-trailer driver causing an accident, or a medical malpractice mistake causing a tragic death. These are just a few examples of the numerous wrongful death situations.

Texas state law limits the members of the family who can file a suit. If you are the spouse, surviving child, or parent of the deceased, you may file a claim individually or as a group. Even if you are an adult child, you may still file claims. These stipulations do include adopted children of adoptive parents. You may not file wrongful death claims for siblings, however.

No amount of money will ever bring back the loved one you’ve lost, but you still must be fairly compensated, especially when that loved one was your financial support. You are entitled to compensation for:

  • Lost care
  • Lost wages from a spouse
  • Lost love and companionship
  • Mental and emotional pain
  • Lost inheritance (damages for what the deceased likely would have contributed)

We can’t begin to tell you how deeply sorry we are. Losing a loved one is one of the most painful experiences to have in life. The last thing you need to be worrying about right now is how you will support your family moving forward. Under Texas law, you are entitled to:

  • The lost earning capacity of your partner
  • The lost care they would have provided
  • The lost value of likely-made investments, such as inheritances

A good lawyer will ensure that you get every dollar you’re legally entitled to.

Negligence that has crippled your ability to live a normal happy life needs to be accounted for. If you file a wrongful death suit, you can seek damages for any of the following:

  • Emotional pain and suffering
  • Loss of love and companionship
  • Lost care provided by a partner
  • Lost comfort provided by a partner
  • Lost ability to form close relationships

Yes, there are. In acts of gross negligence, many jurisdictions within Texas allow families to seek what they call “punitive damages.” These damages are meant to punish the other party and make an example of them, not necessarily to award the family compensation. At your consultation, ask your lawyer if they think these are possible to obtain.

Contact a Dallas Wrongful Death Lawyer

Have you lost someone you loved due to another party’s negligence? If so, you deserve compensation for the hardship you’ve endured because of your unfair loss. Contact a Dallas wrongful death attorney at the The Benton Law Firm as soon as possible to discuss the details of your situation and see what damages you may be entitled to receive. Call our office at (214) 777-7777 to get started on your case.

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