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.
For more than a decade, we have been compassionate advocates 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 a loved one’s tragic death. Reach out today for a free consultation.
Why Choose Benton Accident & Injury Lawyers to Help With a Wrongful Death Claim in Dallas, TX?
Losing a loved one due to someone else’s negligence is a tragedy that leaves families devastated emotionally and financially. At Benton Accident & Injury Lawyers, we understand how overwhelming this time can be, and we’re here to guide you through the legal process with compassion and commitment. Our firm brings years of experience handling complex wrongful death claims in Dallas and throughout Texas, and we fight tirelessly to hold the responsible parties accountable for your loss.
Our dedicated team offers personalized attention, prompt communication, and a track record of success in securing meaningful compensation for grieving families. We take the time to investigate every detail of your case, work with medical and financial experts, and build a strong claim that reflects the full impact of your loss. With our Dallas personal injury lawyers by your side, you can trust that your case will be handled with the utmost care and determination.
Contact us today and let us advocate for your family while you focus on healing.
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.
Our law firm has 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, don’t hesitate to contact our law firm to discuss your situation. Our Dallas 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.
What Is the Value of My Wrongful Death Claim?
The value of a wrongful death claim can vary widely depending on the specific circumstances of the case. Generally, these claims seek to compensate surviving family members for both financial and emotional losses resulting from a loved one’s untimely death.
Because no two cases are exactly alike, it’s difficult to estimate a claim’s value without understanding the full scope of the loss. An experienced wrongful death lawyer can help assess your case and pursue fair compensation that reflects the true impact of your loss.
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 that 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.
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.”
If an accident victim is not survived by a spouse, child, or parent, the right to file a wrongful death claim may shift to their estate. More specifically, a personal representative may be able to file a claim on the estate’s behalf.
Can the Decedent’s Shared Fault Affect the Value of a Texas Wrongful Death Settlement?
Yes. Texas’s 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.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
Most wrongful death lawyers work on a contingency fee basis, meaning you pay nothing upfront. Instead, the attorney only gets paid if they win your case, usually taking a 30–40% portion of the final settlement or verdict.
This fee structure allows families to seek justice without financial risk. Some firms also cover case expenses (like court fees and expert witnesses) and deduct them later.
With no upfront costs, you can focus on healing while your lawyer fights for the compensation your family deserves.
How Can a Lawyer Help With a Wrongful Death Claim in Dallas, TX?
A wrongful death lawyer provides compassionate guidance and professional support during this difficult time, allowing you to focus on healing while they fight for justice on your behalf. From investigating the cause of death to negotiating with insurance companies, your attorney plays a critical role in protecting your rights and securing the compensation your family deserves.
Here’s how a lawyer can help with your wrongful death claim:
- Investigate the incident to determine the cause of death and identify all responsible parties
- Collect and preserve evidence, including witness statements, medical records, and accident reports
- Work with experts, such as economists and medical professionals, to calculate damages
- Handle all communications with insurance companies and defense attorneys
- Ensure legal deadlines are met and comply with Texas wrongful death statutes
- Negotiate a fair settlement or take your case to trial if necessary
- Seek compensation for medical bills, funeral costs, lost income, and emotional suffering
Having an experienced wrongful death lawyer by your side can make all the difference in holding negligent parties accountable and giving your family the closure and financial relief it needs.
Schedule a Free Consultation With a 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.