Wrongful Death Lawyers

Losing a loved one is an unimaginable tragedy.

The pain, grief, and sense of loss can be paralyzing. As lawyers who represent family members of wrongful death victims in Dallas, Fort Worth and North Texas we know the consequences all too well.

However, it is precisely because of the toll of wrongful deaths that we are so passionate about helping spouses and next of kin fight for just compensation. If someone else is to blame for your loved one’s death, we want to help you hold them accountable and recover the largest possible settlement or verdict for your loss. While no amount of money can undo what’s been done, if you are entitled to compensation under the law, we can help you stand up for your legal rights.

What Constitutes a Wrongful Death?

A wrongful death occurs anytime someone dies in a situation where they would have been entitled to pursue a claim for personal injury had they survived the accident or altercation. This includes not only situations involving negligence or willful misconduct, but deaths resulting from defective products and dangerous premises as well. Some common examples of accidents, incidents, and fatal injuries that can give rise to claims for wrongful death include:

• Car, truck, motorcycle, and other vehicle accidents
• Choking, malnutrition, fractures, and other dangerous conditions suffered in nursing homes
• Construction accidents and other work-related incidents
• Injuries caused by dangerous and defective products
• Slips and falls from ladders and dangerous premises
• Surgical errors and other forms of medical malpractice

At Leinart Law Firm, our wrongful death lawyers are dedicated to helping families hold negligent parties accountable. While no amount of money can change what happened, seeking compensation for your losses can help make things right for your family and may help prevent the responsible party from harming others in the future.

What Is Wrongful Death?

Texas law defines wrongful death as the “wrongful act, neglect, carelessness, unskillfulness, or default” that causes the death of another person. Some common examples of accidents and incidents that may lead to wrongful death include:

• Motor vehicle accidents
• Collisions caused by drunk drivers
• Nursing home neglect and abuse
• Construction accidents and other work-related incidents
• Dangerous or defective products
• Slip and fall accidents
• Surgical errors and other forms of medical malpractice
• Assault or use of a deadly weapon

Recovering Damages in Wrongful Death Cases

Our wrongful death attorneys at Leinart Law Firm understand the emotional and financial impact the loss of a loved one can have on families. We fight to help clients recover damages for losses such as:

• Loss of earning capacity
• Loss of service, support, advice and maintenance that the deceased person provided to family members
• Emotional distress
• Mental anguish
• Loss of camaraderie, comfort, love and companionship
• Loss of inheritance, which includes what the deceased person would have saved and left to loved ones had they lived to typical life expectancy
• Medical expenses
• Funeral and burial expenses

Exemplary Damages

Also known as punitive damages, exemplary damages may be recovered if a defendant’s conduct was particularly egregious. For example, if a drunk driver hits and kills a pedestrian in the crosswalk, they may be liable for exemplary damages.

The purpose of exemplary damages is not to compensate the deceased person’s loved ones but to punish the defendant for their wrongful act and to deter them and others from committing similar acts. Recovering exemplary damages in a Texas wrongful death claim is challenging. Our personal injury lawyers thoroughly evaluate your case and advise you of whether or not exemplary damages may be an option for recovery.

Wrongful Death FAQs

Who can file a wrongful death claim in Texas?

Wrongful death claims may be filed by the surviving spouse, children and parents of the deceased person. Surviving siblings cannot file a wrongful death claim.

What is a survival action?

In Texas, when someone dies due to negligence, their estate can pursue a personal injury claim just as the deceased person would have been able to if they had lived. Damages in a survival action may include the pain and suffering the person experienced before their death, their accident-related medical bills, lost wages and property damage. Any settlement or award goes to the deceased’s estate and is distributed to their heirs.

When should you hire a wrongful death lawyer?

If you believe a loved one’s death was caused by negligence, it’s critical to speak with a wrongful death attorney as soon as possible. The statute of limitations for filing a wrongful death claim in Texas is two years. Although there are a few exceptions, if you attempt to file a claim after the statute of limitations has expired, you most likely will not be able to pursue compensation for your losses. Due to the complex nature of these cases, it takes time to thoroughly investigate the circumstances surrounding the death, accurately value damages and prepare the wrongful death case. If multiple parties are responsible for your loved one’s death, our lawyers will pursue all possible sources of compensation.

Why hire a wrongful death lawyer?

Our Dallas personal injury attorneys have extensive experience handling wrongful death cases. Our team understands the complex laws surrounding these types of claims. We can help you get justice for your loved one and hold responsible parties accountable. Grieving and coping with loss is a process. Our compassionate wrongful death attorneys are here to provide the legal support you need during this difficult time. Without the assistance of an attorney, you may recover minimal compensation or no compensation at all. We handle all negotiations with insurance companies so you can focus on healing.

How much is my wrongful death claim worth?

Depending on the circumstances, a wrongful death settlement or award may range from thousands to millions of dollars — each case is different. There are several factors our wrongful death lawyers and financial professionals take into account, including:

• The victim’s age
• The victim’s income and future earning capacity
• Future lost benefits, such as a pension
• The victim’s health prior to the accident
• The victim’s education and other training
• The amount of accident-related medical bills
• Funeral and burial expenses
• The insurance policy limits of the at-fault party

Our team understands how to accurately assess the value of a wrongful death claim. We aggressively advocate on your behalf and help to ensure you are fully and fairly compensated for your losses.

How do I know if I have a case for wrongful death?

To find out if you have a case for wrongful death, schedule a free case evaluation with an attorney at Leinart Injury Law Firm. In your free initial consultation, we’ll listen to your story, answer any questions you may have and give you a straightforward assessment of your potential claim. Even if you’re uncertain about whether you have a viable claim, you have nothing to lose by contacting a wrongful death attorney.

How much do wrongful death lawyers charge?

Our personal injury lawyers work on contingency, which means you won’t incur any up-front costs or pay attorney fees unless we recover compensation in your wrongful death claim. The contingency fee for a successful wrongful death claim is typically around 30% of any settlement or award you receive, although it may vary depending on the complexity of your case.

How do I find a good wrongful death attorney?

When you’re looking for a wrongful death attorney, it’s important to choose someone who has a track record of success. At Leinart Injury Law Firm, we not only get results — we care about our clients and are dedicated to helping families find healing and justice for their loved ones. We understand that there are thousands of Texas wrongful death lawyers to choose from, and we’re honored when clients put their trust in us.

Contact Us for a Free Evaluation of Your Wrongful Death Case

If you have lost a loved one due to negligence or willful misconduct, our compassionate team at Leinart Injury Law Firm can help. Our wrongful death attorneys fight to make things right for your family and help you recover the compensation you need to protect your financial future. For a free case evaluation, please fill out the contact form on our website, email us or call us. We serve clients throughout Northern Texas.