Wrongful Death

Dallas Wrongful Death Attorneys

Losing a loved one is an emotionally draining experience that may take months or years to process. While it is gut-wrenching in any context, when the death is unpredicted and senseless, as in a traffic accident or other negligence-based event, it can have an even greater effect on family survivors. Rocked by a sudden shock, disbelief, and grief, those left behind can face devastating emotional trauma. Where the deceased person was a breadwinner, they can also face financial instability or even ruin. 

Fortunately, for Texans who have lost a family member in a preventable death, the state has enacted a wrongful death law. Through a wrongful death claim, family survivors can seek compensation for their losses and damages resulting from the death. While nothing can bring back the person you love, these legal claims can help you seek justice for the loss of the life you have been forced to endure through no fault of your own.

Discuss your case with a Dallas wrongful death lawyer. Book a free consultation by contacting us online or at (214) 974-4180. 

What Is a Wrongful Death under Texas Law?

In legal terms, wrongful death is defined as a death that results from a wrongful act, negligence, default, or breach of contract or warranty. Essentially, if the deceased individual could have pursued a personal injury claim had they survived the incident, certain surviving family members or a representative of the estate may pursue a wrongful death claim. 

Wrongful death claims can stem from various accidents and incidents, such as: 

  • Car, truck, motorcycle, bicycle, bus, and pedestrian accidents caused by negligence
  • Product defects leading to fatal accidents, such as defective vehicle parts or equipment and other faulty consumer products
  • Medical malpractice in which standard care was not provided
  • Premises liability cases in which dangerous property conditions caused injuries to the deceased resulting in death 
  • Criminal attacks, where deliberate malice or recklessness resulted in death

Who Can File a Texas Wrongful Death Claim?

Family survivors who can file a claim include surviving spouses, children, and parents; one or more of these individuals can file for the benefit of all the preceding family members. If none of these family members file a claim within three months of the death, the deceased person’s representative or executor of their estate may file. 

Compensation in Texas Wrongful Death Claims

Compensation in these claims is awarded based on the specifics of the case but can include:

  • Lost income and potential future earnings of the deceased or other financial support they provided to the family
  • Funeral and burial costs
  • Medical expenses incurred by the deceased before their death
  • Value for the household services the deceased person would have provided the family, such as childcare, etc. 
  • Value for the lost love, comfort, companionship, care, and protection of the deceased
  • Mental anguish and emotional distress of survivors

What Is a Survival Case vs. a Wrongful Death Case in Texas?

A “survival case” in Texas allows the estate of the deceased to pursue compensation for the pain, suffering, and other damages the deceased experienced from the time of injury up to the moment of death. 

While a wrongful death claim focuses on the losses sustained by the survivors, a survival case seeks damages that the deceased could have sought in a personal injury claim had they survived. This can include medical expenses incurred before death, pain and suffering, and lost wages during the period from injury to death. 

Survival actions and wrongful death actions can be filed together. Any compensation awarded in a survival action becomes part of the deceased’s estate and may be distributed according to their will or the state’s laws if there is no will.

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What Clients are Saying

REviews & TEstimonials
    "I recommend anyone looking for a PI attorney to use this firm, you’ll get what you deserve & more."

    Colin Bober is fantastic and always has his client’s best interests at the center of everything he does. Colin is relentless when negotiating with the insurance company.

    - Lauren
    "Knowledgeable PI Attorney!"

    He provides the level of service every client deserves. Colin welcomes the challenges from insurance companies...and he fights for the maximum compensation for the pain and injuries his clients sustain due to the negligence of another. 

    - Former Client
    "Excellent Attorney!"

    I trust Colin to the fullest extent, he will forever be my go-to attorney if I ever needed one again.

    - Former Client
    "Honest and professional."

    I hired Colin to represent me. He made quick work and the issues were resolved quickly. I have full confidence in his abilities and would highly recommend him!

    - Jake
    "Amazing all the way through!"

    Colin made our first experience hiring a lawyer a breeze. He answered all of our questions and concerns and made sure we never felt lost or helpless during this process.

    - Nina

We Fight for Wrongful Death Survivors in Dallas-Fort Worth

At Colin B. Bober and Associates, our compassionate approach is coupled with aggressive representation. We understand the profound loss you have experienced and are dedicated to taking every legal measure in search of justice on your behalf. 

Our adeptness at navigating the procedural complexities of these cases ensures that you receive comprehensive legal support and the respect and sensitivity you deserve during this difficult time.

Schedule a free consultation with a Dallas wrongful death lawyer via email on our contact form or by phone at (214) 974-4180. 

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