Dallas, TX Wrongful Death Lawyer
Losing a loved one is one of the most painful experiences anyone can go through. The pain and frustration can be overwhelming when that loss is due to someone else’s negligence or wrongful actions.
If you have lost a family member in Dallas, TX, due to wrongful death, you deserve justice and compensation. At Bennett Legal, we understand the devastation you are feeling, and we are here to help. Our experienced team of wrongful death lawyers in Dallas, TX will fight tirelessly to hold those responsible accountable and to ensure that you receive the justice and compensation that you and your family deserve. Contact Bennett Legal today to discuss your case, and let us be your advocate during this difficult time.
Why Choose Bennett Legal
At Bennett Legal, we understand that no amount of money can ever replace a loved one. But when your family is grieving the unexpected and devastating loss of someone due to another party’s negligence or wrongdoing, you deserve answers—and justice. Our team is here to provide more than just legal representation; we offer a focused, strategic approach rooted in compassion, communication, and relentless advocacy.
Our unique commitment to clarity and transparency sets us apart, as outlined in our playbook. We don’t believe in hiding behind legal jargon or confusing you with the process—we walk you through every step, ensuring that you’re informed, confident, and empowered to make the right decisions for your family.
Our Dallas, TX, wrongful death attorneys combine deep legal knowledge with a results-driven mindset. We take time to listen, investigate thoroughly, and build strong cases that hold responsible parties accountable. Whether through settlement or trial, we’re not afraid to push for the maximum compensation you and your loved ones are entitled to.
If you’re searching for a legal team that treats you with respect, fights for your family’s future, and keeps your best interests front and center, Bennett Legal is ready to help. Contact us today to schedule a complimentary consultation.
Our office is conveniently located south of I-635 and west of U.S. Route 75 at:
12770 Coit Rd
Suite 720
Dallas, TX 75251
What Is a Wrongful Death Claim?
Losing a family member unexpectedly can leave emotional and financial turmoil in its wake. A wrongful death claim is a legal action brought by the surviving family members of the deceased against the party responsible for the death. In Texas, wrongful death is defined as a death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party.
It is essential to understand the distinction between wrongful death claims and survival actions. While a wrongful death claim seeks compensation for the losses suffered by the surviving family members, a survival action focuses on the damages the deceased would have been entitled to if they had survived. These damages may include medical expenses, pain and suffering, and lost earnings prior to death.
To have a successful wrongful death claim, you must prove negligence or misconduct on the part of the responsible party. It requires gathering evidence and presenting a strong case. The good news is that our Dallas, TX, wrongful death attorneys will take over this job for you so that you can focus on emotional healing and your family during this painful time.
Compensation for Wrongful Death Claims in Texas
Seeking compensation through a wrongful death claim can alleviate the financial burdens associated with losing a loved one. The types of compensable damages available in Texas include economic, non-economic, and exemplary or punitive damages in cases of gross negligence or willful harm.
Economic damages include medical expenses related to the accident or injury, funeral costs, and loss of income. These damages aim to cover the financial losses incurred by the surviving family members. Non-economic damages, on the other hand, compensate for intangible losses such as pain and suffering, loss of companionship, and emotional distress. While these damages are more difficult to quantify, they are equally important in recognizing the psychological toll of wrongful death on the surviving family members.
Exemplary or punitive damages may be awarded in gross negligence or intentional harm cases. These damages go beyond compensating for losses and instead aim to punish the responsible party for their actions. They also serve as a deterrent to prevent similar acts in the future.
It is important to note that a seasoned Dallas, TX, wrongful death attorney from our firm can help maximize your compensation. They have the knowledge and skill to navigate the legal process and negotiate on your behalf.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, the right to file a wrongful death claim is reserved for specific family members of the deceased. These individuals include the surviving spouse, children, and parents of the person who died as a result of another party’s negligence or wrongful act. These close family members have legal standing to bring a claim either individually or together as a group. If none of these eligible relatives file a claim within three months of the death, the executor or administrator of the deceased person’s estate may pursue the claim on behalf of the estate unless explicitly instructed not to by the surviving family.
The purpose of a wrongful death claim in Texas is not to punish the at-fault party (although punitive damages may apply in extreme cases) but to provide financial relief for the surviving family members. These claims seek to compensate for the emotional and economic impact of losing a loved one. It can include the loss of financial support, companionship, parental guidance, and the emotional trauma that comes with an unexpected death.
However, Texas law does not allow siblings, grandparents, or other extended family members to file wrongful death claims. Only those with a direct and defined legal relationship—spouse, child, or parent—are permitted to do so. Because of these limitations and the complexities involved in proving damages, working with a skilled wrongful death attorney from our firm can ensure the proper parties file the claim and pursue the full compensation available under the law.
Factors That Determine Wrongful Death Compensation
The amount of compensation awarded in a wrongful death claim can vary based on several factors. These include:
- The age and health of the deceased: Younger individuals with potential future earnings may be entitled to higher compensation.
- Earning capacity and future income potential: If the deceased had a high earning capacity, the compensation may reflect their potential lost income.
- Financial dependence of surviving family members: The extent to which the family members relied on the deceased for financial support will be considered in determining compensation.
- Emotional and psychological impact on loved ones: The emotional distress experienced by surviving family members is taken into account when calculating compensation.
- Recklessness or intentional actions of the at-fault party: If the responsible party’s actions were particularly egregious, it may result in higher punitive damages.
These factors, among others, are considered during the negotiation process to ensure that the compensation received adequately addresses the losses the surviving family members suffered.
Types of Accidents That Commonly Result in Wrongful Death
Wrongful death can occur in various types of accidents. Some common examples include:
- Car accidents caused by negligent or drunk drivers: Reckless driving or driving under the influence can lead to fatal accidents.
- Commercial truck accidents: Large trucks pose a significant risk on the road, and accidents involving them can result in catastrophic injuries or death.
- Motorcycle collisions: Due to the vulnerability of motorcyclists, accidents involving motorcycles can be particularly devastating.
- Workplace accidents, including construction site fatalities: Inadequate safety precautions or negligence in the workplace can lead to fatal accidents.
- Medical malpractice: Negligence on the part of healthcare professionals can result in severe injuries or death.
- Defective products: Malfunctioning products or products with inadequate warnings can cause fatal accidents.
- Criminal acts and inadequate security: Negligence in providing adequate security measures can lead to violent crimes, resulting in death.
These are just a few examples of the types of accidents that can result in wrongful death. If you have lost a loved one in any such incident, it is essential to consult with a wrongful death attorney to understand your legal options.
Where Do Fatal Accidents Occur in Dallas, TX?
Fatal accidents can occur in various locations throughout Dallas, TX. Some areas and situations that may pose a higher risk include:
- Busy highways and intersections: Highways such as I-35E, LBJ Freeway, and Central Expressway can be particularly dangerous due to heavy traffic and high speeds.
- High-risk neighborhoods or poorly maintained properties: Neglected neighborhoods or properties with inadequate safety measures can increase the risk of accidents.
- Dangerous work zones: Construction and industrial areas often have hazardous conditions that can lead to fatal accidents if proper safety protocols are not followed.
- Hospitals or clinics where medical negligence occurs: Mistakes or negligence in healthcare settings can result in fatal injuries.
- Assisted living facilities or nursing homes: Neglect or abuse in these facilities can lead to tragic outcomes for residents.
Fighting the Insurance Company in a Wrongful Death Claim
When filing a wrongful death claim, it is common to face resistance from insurance companies. Insurance companies may try to minimize payouts by employing various tactics.
One common tactic is to blame the victim for the accident, attempting to shift the responsibility away from the insured party. Another strategy is to make quick lowball settlement offers in the hopes that grieving families will accept them without fully understanding their rights and the actual value of their claim. Delaying strategies are also sometimes employed to put pressure on families and force them into accepting less favorable settlements.
Never accept an insurance settlement without consulting with one of our knowledgeable Dallas, TX, wrongful death lawyers. We understand the actual value of your claim and can negotiate firmly on your behalf. At Bennett Legal, we prepare every case as if it will go to trial, ensuring that we are fully prepared to fight for your rights and maximize the compensation you deserve.
What to Do If You Think You Have a Wrongful Death Claim
If you believe you have a wrongful death claim, taking certain steps to protect your rights and build a strong case is important. Follow these steps:
Gather Evidence
Collecting evidence is vital in substantiating your wrongful death claim. Obtain the death certificate, police reports, accident scene photos, witness statements, and other relevant documentation. This evidence will help establish the negligence or misconduct of the responsible party. If you are unable to get all of this evidence, your Dallas, TX, wrongful death lawyer can help.
Avoid Communication with Insurers
Insurance companies may try to contact you to obtain statements or make settlement offers. Avoid speaking with them without legal counsel present. Anything you say to the insurers can be used against you and potentially undermine your case.
Keep Records
Maintain detailed records of all expenses related to the wrongful death, including medical bills, funeral expenses, and any other costs incurred. These records will aid in determining the damages you should seek in your claim.
Contact a Dallas, TX, Wrongful Death Attorney Immediately
Consult with one of our Dallas, TX, wrongful death lawyers as soon as possible. In Texas, there is generally a two-year statute of limitations for filing a wrongful death claim. Acting quickly preserves evidence and allows your attorney to begin building a strong case on your behalf.
Contact a Dallas, TX, Wrongful Death Lawyer at Bennett Legal Today
If you have lost a loved one in Dallas, TX, due to wrongful death, do not hesitate to seek legal help. Contact Bennett Legal today to schedule a free, no-obligation consultation. Our skilled team of Dallas, TX personal injury attorneys is ready to listen to your story and provide the advocacy you need during this challenging time. Don’t delay, call us at (972) 972-4969 and let us help you seek the justice and compensation you and your family deserve.
You are not alone in this fight. Bennett Legal is here to support you.
Dallas Accident Fatalities Statistics
Source: txdot.govTestimonials
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