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January 19, 2022

Dallas Wrongful Death Lawyer

The death of a loved one is likely to be one of the worst times in your life. This can be made worse when you discover that their passing could have been prevented. Consult with a qualified Dallas wrongful death attorney who can help you pursue the compensation your family deserves.

When someone else is responsible for causing the death of your family member, you may have the opportunity to file a civil lawsuit against them. This can be done whether the death was caused accidentally or intentionally, as the law states that any “wrongful act, neglect, carelessness, unskillfulness, or default” is grounds for a wrongful death claim.

But at a time when you should be grieving, filing a wrongful death claim is probably the furthest thing from your mind, and it can seem overwhelming. Fortunately, you can enlist the services of an experienced Dallas wrongful death lawyer at Crain Brogdon Rogers, L.L.P. to achieve maximum recovery of your losses.

Texas Statute of Limitations

Prior to moving forward with your Dallas fatal accident claim, you first need to determine how long you’ll have to get it filed before the statute of limitations runs out. For wrongful death claims in Texas, you will have two years from the date of the decedent’s passing to file your claim.

This is important because if time runs out, you will no longer be able to pursue your claim in the Texas court system. There are sometimes exceptions to this rule, but you’ll need to speak with your wrongful death attorney in Dallas to see if your case meets the grounds for an extended deadline.

Who Can File a Wrongful Death Claim?

Once you know how much time you have to file your claim, you then need to determine whether or not you have the legal right to pursue a wrongful death claim. If you are a parent, child, or surviving spouse of the deceased, then you have the authority to file the claim.

Each of these parties can file a claim independently, or you can pursue your claim jointly. Additionally, adult children have the option to file a wrongful death claim should their parents pass away wrongfully.

In the event that these parties do not file the claim within three months of the death of the decedent, then the designated representative of the deceased’s estate may be able to file the claim unless the surviving family members request that there be no claim filed.

Wrongful Death Damages

The damages that you’ll be awarded in your wrongful death claim are paid to those who pursued the claim in the first place. Each family member usually receives their proportionate amount of losses caused by the demise of your loved one. Some of the different types of damages that we may include when calculating the value of your claim consist of:

  • Lost wages
  • Loss of earning potential
  • Lost inheritance and retirement savings that the decedent would have earned if they hadn’t passed away
  • Medical expenses that they incurred prior to their passing
  • Funeral and burial expenses
  • Loss of companionship and love
  • Loss of society, support, and comfort
  • Pain and suffering
  • Emotional anguish
  • Loss of household services, maintenance, care, and guidance

In addition to the aforementioned damages, you may also be awarded exemplary damages. These are also commonly known as punitive damages and can only be awarded if the actions of the defendant are deemed to be grossly negligent or with the intention of causing the decedent harm or death.

Despite the fact that punitive damages will obviously be beneficial to the overall outcome of your case, they aren’t awarded for this reason. Rather, the judge will award exemplary damages as a way to punish the at-fault party and to demonstrate to future wrongdoers that these types of actions won’t be tolerated by the Texas court system.

For more information about the types of damages that may be included in your claim, you can speak with your attorney about the various ways in which your life, and that of your family members, has been negatively impacted by the passing of your loved one.

Get Help from a Dallas Wrongful Death Attorney

If you believe that you may be entitled to compensation due to the death of your family member and you’re interested in discussing your case with a qualified Dallas wrongful death lawyer at Crain Brogdon Rogers, L.L.P., you can do so by calling our office at 214-522-9404 or completing the convenient contact form we’ve included below to schedule your free claim evaluation today. We’ll answer your questions about the claims process and get you started on the road to recovery.