You know your loved one’s loss could have been prevented if someone had just taken a little more care. Now you’re left with a devastating experience. If you lost a loved one because of someone else’s neglect or deliberate wrongdoing, it’s important to know there is a wrongful death lawyer in Dallas who can help you.
Our Dallas personal injury lawyers can help you navigate this challenging time, fight for the justice your loved one deserves, and secure the financial support your family needs to move forward.
What Qualifies as a Wrongful Death in Dallas?
Under Texas law (Civil Practice and Remedies Code Chapter 71), a wrongful death occurs when a death occurs due to the “wrongful act, neglect, carelessness, unskillfulness, or default” because of someone else.
In other words, if your loved one’s death was caused by someone else’s negligence, recklessness, or intentional actions, you may have grounds for a wrongful death claim.
Examples of situations that may give rise to a wrongful death lawsuit include:
- Fatal car, truck, or motorcycle accidents.
- Medical malpractice or nursing home abuse.
- Workplace accidents or exposure to hazardous substances.
- Defective products or dangerous pharmaceuticals.
- Criminal acts or violence.
To recover what you have lost you are going to need the help of an experienced car crash attorney.
Who Can File a Wrongful Death Lawsuit in Dallas?
In Dallas and throughout Texas, the following individuals have the right to sue for wrongful death. These family members can file the claim individually or together as a group.
- The spouse
- The deceased’s children
- The deceased’s parents
The executor or personal representative of the deceased’s estate may also file on behalf of the family. This can be done three months after the death. Family members can sue immediately after death.
We stand ready to protect your rights, prove fault, and collect maximum tax-free payment for your injury claims.
Proving Liability in a Dallas Wrongful Death Case
To succeed in your claim, you must show that the defendant’s negligence or wrongful actions directly caused your loved one’s death. This involves establishing four key elements:
- Duty of Care: The defendant must owe a duty of care to your loved one. For example, drivers have a duty to operate their vehicles safely, and property owners have a duty to maintain safe premises.
- Breach of Duty: The defendant breached their duty of care through negligence, recklessness, or intentional actions.
- Causation: The defendant’s breach of duty directly caused your loved one’s death.
- Damages: Your loved one’s death resulted in actual damages to their estate and/or surviving family members.
Proving liability in a wrongful death case can be complex, requiring a thorough investigation, gathering of evidence, and expert testimony. This is why it’s crucial to work with an experienced Dallas wrongful death lawyer who can build a strong case on your behalf.
Once we accept your case, we take care of everything, allowing you the time to focus on recovering from your physical and emotional injuries.
Damages Available in a Dallas Wrongful Death Claim
A wrongful death lawsuit seeks to compensate the deceased person’s estate and surviving family members for the losses they have suffered. In Texas, the following types of damages may be available:
Economic Damages:
- Medical expenses related to your loved one’s final injury or illness
- Funeral and burial costs
- Loss of your loved one’s expected earnings and benefits
- Loss of inheritance
- Value of goods and services your loved one would give the family had they survived
Non-Economic Damages:
- Mental and emotional anguish
- Loss of love, companionship, comfort, and support
- Loss of parental guidance and nurturing
- Loss of consortium (for surviving spouses)
We proudly stand up to big insurance companies that prioritize profit over people‘s well-being.
The Importance of Hiring a Dallas Wrongful Death Lawyer
Dealing with the legal complexities of a wrongful death claim while grieving the loss of a loved one can be overwhelming. Insurance companies may try to take advantage of your vulnerability, offering lowball settlements that don’t fully account for your losses.
A skilled Dallas wrongful death lawyer can handle the legal process on your behalf, allowing you to focus on healing and being with your family.
As your advocate, a wrongful death attorney will:
- Thoroughly investigate the circumstances of your loved one’s death.
- Prove your claim through evidence, including police reports, medical records, witness statements, and expert testimony.
- Handle all communication with insurance companies and the defendant’s legal team.
- Calculate the full extent of your economic and non-economic damages.
- Negotiate for a fair settlement.
- Take your case to trial, if necessary, to fight for the compensation you deserve.
Compassionate Representation for Grieving Families in Dallas
At Cain Firm, we understand that no amount of money can truly compensate for the loss of a beloved family member. However, pursuing a wrongful death claim can provide a sense of justice, hold the responsible parties accountable, and secure the financial support your family needs to move forward.
As your Dallas wrongful death lawyer, Attorney Brett Cain will treat you with the compassion, respect, and personal attention you deserve during this difficult time. With deep roots in Texas and a background as a former prosecutor, Brett has the skills and dedication needed to fight for your rights and ensure your family’s voice is heard.
Contact a Dallas Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence or wrongdoing, don’t hesitate to seek legal guidance. The caring team at Cain Firm is here to support you every step of the way.
Contact us today to schedule a free consultation with a Dallas wrongful death lawyer who will listen to your story, explain your legal options, and help you pursue the justice and compensation your family deserves.
We help victims of car and truck wrecks with integrity and perseverance.
