Dallas Wrongful Death Lawyer

Wrongful Death in Numbers

Wrongful death cases in Texas reflect the tragic results of accidents that could have been prevented. Based on information from the Texas Office of Court Administration’s FY 2021 Annual Statistical Report, cases involving personal injury and wrongful death claims make up a large number of the civil docket in district courts. These usually pertain to motor vehicle accidents, medical malpractice, and professional negligence, pointing out the importance of taking up such cases legally.

The report highlights that cases categorized as “Injury or Damage”—which include wrongful death claims—were among the most frequently filed civil cases. In fact, the cases of motor vehicle-related deaths reached a high in 2021, showing a dangerous trend of preventable deaths on the highways of Texas. Wrongful death claims that involve medical malpractice and professional negligence also form a considerable percentage of civil filings.

Statistics like these demonstrate the shocking impact of incidents related to wrongful death and the need for justice. Most families face overwhelming emotional and economic challenges in their lives following a case of preventable fatality; hence, the need for a dedicated Dallas wrongful death lawyer. A lawsuit can hold someone responsible and may provide financial relief to the family so they can move on with their lives after a tragedy.

Wrongful Death Cases in Dallas

Losing a loved one is an extremely painful experience. It can be even more painful, however, if he or she dies because of someone else’s negligence, which is legally called wrongful death. If you lost a loved one because of another person’s unintentional or intentional negligence, the Texas wrongful death attorney at The Law Firm of Aaron A. Herbert, P.C., can help you get the compensation you deserve.

Common Causes of Wrongful Death in Texas

Tragically, deaths occur for many reasons, but there are some causes that more frequently happen in Texas. Knowing what those causes are will help a family to know whether or not they have a potential wrongful death claim.

Motor Vehicle Accidents

Motor vehicle accidents are among the major causes of wrongful death in Texas. These fatal accidents, most of the time, arise as a consequence of negligent driving, such as speeding, driving away from distraction, and driving while intoxicated.

Where the drivers’ negligence was partially a cause of the fatal accident, they might also be held liable. The families may also recover funeral expenses, medical bills, and loss of financial support from the victim. Indeed, ongoing litigation as well as public safety campaigns bring awareness to the fact that fatalities on Texas roads need to be reduced.

Workplace Accidents

Texas is a state with huge industries based on construction and oil and gas, making the rate of workplace fatalities comparatively high. Such industries entail heavy risks from the nature of the job, like dealing with heavy machinery, hazardous materials, and dangerous activities that have strict safety measures.

The leading causes of on-job fatalities usually result from:

Falls from Heights

Severe risk while working on scaffolding or high platforms with no adequate protection from falls.

Equipment Malfunctions

Faulty or poorly maintained equipment may also lead to on-site fatalities.

Exposure to Hazardous Substances

Workers in industries like chemical manufacturing may be exposed to toxic substances, which can result in long-term health issues or sudden fatalities.

It is an employer’s duty to provide safety at work. In case safety is compromised, the companies can be held liable via wrongful death litigations.

Medical Malpractice

Wrongful deaths caused by medical malpractice are seen when there is a failure to give the standard of care by a healthcare professional. Examples include misdiagnosis, surgical malpractice, and wrong medication.

Examples of medical malpractice that can lead to wrongful death:

• Failure to diagnose a life-threatening condition
• Administration of wrong drugs
• Surgical malpractice

Medical professionals and institutions can be held liable for wrongful deaths caused by their negligence.

Defective Products

Defective consumer products, including but not limited to vehicles, machinery, and household items, can be the cause of fatal injuries. The manufacturers and distributors may be held liable in such cases for wrong death claims.

The examples of defective product claims include but are not limited to the following:

• Defective brakes of vehicles lead to accidents
• Defective household appliances that can lead to fires
• Medical devices malfunction at hospitals, leading to the death of patients

It is the legal responsibility of a manufacturer to ensure that their products are safe for use by consumers. Where they breach this duty, families of victims can seek damages.

Criminal Acts

Wrongful deaths caused by criminal acts, such as assaults, shootings, or other intentional injuries, may give rise to criminal charges and civil claims for damages.

In such cases, the criminal can also be held liable in a civil court for the financial losses of the victim’s family. Compensation can also include punitive damages to punish the wrongdoer.

Who Can File for Wrongful Death Claim?

It is more difficult in wrongful death cases to determine who has the right to file a claim. In Texas, the surviving spouse, children, and parents can file a wrongful death claim and may file individually or as a group.

If the surviving spouse, children, or parents do not file a wrongful death claim within three months of the loved one’s death, the person who represents the deceased’s estate may file. The only reason the representative could not file after this time is if the surviving spouse, children, or parents specifically requested that the representative not pursue a wrongful death lawsuit.

In Dallas, TX an adopted child has the same right to file as a biological child, as long as the parents have legally adopted him or her. An adopted child cannot file a claim for a biological parent if another family legally adopted him or her.

Texas law does not allow siblings to file for the wrongful death of a brother or sister, regarding both adopted siblings and biological siblings.

How Can Negligence Be Proven in a Wrongful Death Case?

In recovering damages for a wrongful death claim, one needs to prove negligence. In Texas, the plaintiff needs to show that the action or inaction of the defendant is the direct cause of death.

Duty of Care

The defendant owed the deceased a duty of care. Examples are drivers should drive according to traffic rules for the safety of others on the road.

The doctor owes a duty to offer medical treatment at acceptable standards. Employers must provide a safe workplace for their employees.

Breach of Duty

The defendant breached that duty by being careless either by act or omission. Perhaps a driver ran a red light and caused someone’s death, or a doctor misdiagnosed a patient’s life-threatening condition, or the employer failed to provide safety equipment to prevent workplace fatalities. In each case, the breach of duty contributes directly to the harm that results in a wrongful death claim.

Causation

The breach of duty directly caused the death. The plaintiff must show a clear link between the defendant’s actions and the fatal outcome.

For example, if a driver was texting and caused a fatal accident, the plaintiff must show that such distracted driving was the cause of the crash.

Damages

The death resulted in measurable losses, such as medical expenses, funeral costs, and loss of income.

A Dallas wrongful death lawyer will gather evidence, such as witness statements, expert testimony, and accident reports, to prove these elements in court. The stronger the evidence, the more likely a successful outcome.

How Long Do You Have to File a Wrongful Death Claim in Texas?

In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased’s passing. The statute can be found under Section 16.003 of the Texas Civil Practice and Remedies Code.

Minors

If a minor child is filing the claim, the statute may be extended until they reach legal adulthood.

For instance, if a child loses a parent at age 16, they may have until their 20th birthday to file a claim.

Criminal Cases

If the wrongful death is tied to a criminal case, the civil statute may pause until the criminal case concludes.

For example, where the decedent’s death was caused by a DUI accident, the civil action may be tolled during the pendency of the criminal case itself.

Failure to file within the statute of limitations may result in dismissal of the case; therefore, seeking immediate action through a Dallas wrongful death attorney is very important.

Who Pays for Damages in a Wrongful Death Case?

The defendants who are liable for the death will usually pay the damages. They can be individuals, businesses, and other entities.

Drivers or Vehicle Owners

In cases of motor vehicle accidents.

Employers

In workplace fatalities, especially if negligence or safety violations were involved.

Medical Professionals

In cases of medical malpractice.

Manufacturers

In product liability claims.

Property Owners

If dangerous premises conditions led to the fatality.

Wrongful death damages are typically paid through insurance policies, personal assets, or corporate funds, depending on the defendant’s financial situation.

Damages in a Wrongful Death Case

The potential damages are slightly different in wrongful death cases than they are in standard personal injury cases. Texas courts can award damages for the deceased’s lost earning capacity and any lost inheritance that family members would have received if he or she were still alive.

Wrongful death damages also address emotional difficulties more than other personal injury cases. The family can receive compensation for any lost care, support, advice, and counsel that the deceased person would have provided them. The court can also award damages for lost love, companionship, comfort, and society. Additionally, the court can order the defendant to compensate the family for any mental and emotional pain that they suffered because of the wrongful death of the loved one.

Some wrongful death cases also involve exemplary damages. The court awards exemplary damages when a willful act, omission, or gross negligence caused the wrongful death. Exemplary damages are more about punishing the defendant than compensating for the family’s pain and suffering.

Once the court has decided on the amount of damages the defendant must pay, the court splits the money between the family members. The court determines how much each person will receive in compensation based on how much pain and suffering they have experienced because of the wrongful death.

Is There a Damages Cap in Texas?

Yes, Texas places a cap on certain types of damages in a wrongful death case, especially those concerning medical malpractice. If, under Texas law, a wrongful death or survival action is filed against a physician or health care provider, then total liability for all damages, including exemplary damages, may not exceed $500,000 for each claimant, regardless of the number of defendants or the number of separate causes of action. This is provided under the Texas Civil Practice and Remedies Code, Section 74.303.

Economic Damages

To pay for tangible financial losses such as lost income, medical expenses, and funeral expenses.

Damages in the economic category serve to compensate the family for the economic effect the death has brought about. The loss may involve future earnings lost, medical bills incurred before the death, and burial expenses.

Non-Economic Damages

Intangible losses, such as pain and suffering, emotional distress, and loss of companionship.

These damages represent the emotional suffering of the surviving family members. Texas limits non-economic damages in medical malpractice actions but does not limit them in other types of wrongful death claims.

Punitive Damages

Punitive damages are usually meant to punish the defendant for gross negligence or malice, which often deters similar occurrences in the future.

Most wrongful death cases have no cap on punitive damages; this could mean substantial compensation for the families if the acts of the defendant were extremely heinous.

The concept of the damages cap is important to the family in their quest for compensation, which might be affected in light of the former. By consulting a Dallas Wrongful Death attorney, a family learns their rights and the potential compensation available under Texas law.

Contact a Dallas Wrongful Death Lawyer Today

If you have lost a loved one because of another person’s intentional or unintentional negligence, you need help from an experienced attorney with a thorough knowledge of Texas wrongful death laws. The Law Firm of Aaron A. Herbert, P.C., can guide you. We will represent you and fight for the court to award you damages so you can begin to move on from this tragedy. Contact our Dallas lawyers today for a free consultation.