If your loved one has passed away due to another person’s careless or negligent actions, you may be eligible to file a wrongful death suit against them. A wrongful death lawsuit is a civil claim that surviving relatives of a deceased individual can file against the party or entity responsible for the fatal incident.
In Texas, wrongful death claims may be filed by the surviving spouse, the surviving children, and the surviving parents. However, actually filing a claim can be extremely difficult, especially if you are still mourning your loss.
Fortunately, a Dallas wrongful death lawyer from Zinda Law Group can help you file a successful claim. Reach out to the Dallas personal injury attorneys from our firm today to get the compassionate counsel you need to persevere through this dark time.
Wrongful Death Incidents We Can Help You File a Claim for
Fatal incidents can and do occur in many ways on a daily basis. Fortunately, our wrongful death attorneys in Dallas are here to help you rebuild your life after losing a loved one in a sudden accident.
Our firm has helped countless Texans recover compensation after a number of different deadly situations. Here are just a few of the types of fatal accidents we can help you file a civil suit for:
Auto Accidents
Car accidents are one of the most common causes of wrongful death in Dallas, TX. A wrongful death can occur in a multi-vehicle collision or even a single-car accident.
In situations where there is a crash involving two or more vehicles, the negligence of one of the drivers may be sufficient to establish fault in a wrongful death suit. For example, a distracted driver who had been texting prior to the crash may be held liable for the death of the decedent.
Other common scenarios may involve drunk driving, negligent motorcyclists, or speeding motorists. If it can be established that the negligence of these parties caused the death of the decedent, a wrongful death claim may be pursued.
No matter the circumstances of your loved one’s fatal crash, our wrongful death lawyers in Dallas will do everything they can to help you win your case. They’ll investigate the collision and assemble all the evidence they need to file a successful suit.
Work-Related Accidents
A death that occurs while on the job may give rise to a wrongful death cause of action. Common examples of workplace-related accidents leading to death include fires, gas explosions, illness from toxic substances, and machine-related accidents.
Depending on the circumstances giving rise to the accident that led to death, liability for work-related incidents can hold against the employer, the manager or supervisor on duty, or the manufacturer of defective equipment.
Reach out to a work injury lawyer from our team to find out if you’re eligible to file a wrongful death claim on your deceased family member’s behalf.
Trucking Accidents
Truck accidents are another common source of wrongful death litigation. One common scenario involves an overworked truck driver falling asleep at the wheel and crashing their rig into another vehicle.
Another scenario involves a trailer with a defective piece of equipment which somehow causes an auto accident. In these cases, a wrongful death suit may be initiated against the driver as an individual or against the company that employed the driver.
Failure to maintain proper driver’s logs, failure to adhere to strict federal regulations and other forms of negligence may give rise to liability in a wrongful death case involving a truck accident.
Proving fault and recovering fair compensation after a fatal truck crash can be difficult. Luckily, our Dallas wrongful death lawyers have what it takes to build a strong claim and fight for the remedies you deserve.
Product Liability
Product liability accidents occur when the manufacturer, designer, seller, or distributor of a consumer product fails to adhere to its duty to provide the customer with a safe product, resulting in injury.
A common example of a product liability wrongful death case is when a child dies from choking on a small toy that did not come with a warning label. If someone close to you has suffered a fatal injury after using a dangerous product, you have the right to meet with a Dallas wrongful death attorney and discuss your legal options.
Medical Malpractice
Doctors, nurses, and other hospital staff members have a duty to provide their patients with safe and comprehensive care. If this duty is not carried out, a wrongful death cause of action may exist.
Medical malpractice can lead to death in several ways. Examples include prescription errors, misdiagnosis, delayed diagnosis, surgical error, or medical equipment malfunction. In these cases, the medical professional, the entity that treated the patient, or the manufacturer of the defective medical equipment may be held liable.
Aviation Accidents
A wrongful death cause of action may also arise after an aviation accident. These types of accidents typically involve airplane or helicopter crashes. Parties that can be held liable for wrongful death include the airline company, the manufacturer of the airplane or helicopter equipment, or the pilot.
Whether your loved one was fatally injured in a car wreck, dangerous product incident, or a plane accident, a wrongful death lawyer from Dallas can offer the personalized representation and compassionate counsel you need to grieve your loss in comfort.
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John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationWhat to Do After a Loved One’s Wrongful Death
Call 911
When an accident resulting in unexpected death occurs, your first step should be to call 911. This is true even if the accident led to a serious but non-deadly injury. In this scenario, alerting emergency responders as soon as possible can help preserve a life.
File a Report
Your next step should be to file a report with the proper authorities. The report will describe the circumstances that led to and caused the incident. When making the report, describe in as much detail the events that occurred leading up to the accident.
A clear and comprehensive report can provide the information our wrongful death attorneys from Dallas need to file a winning claim.
Hire an Attorney
If you are interested in pursuing a wrongful death claim, or if you would like to learn more about what you can do to seek compensation for your family, contact a wrongful death attorney. An attorney will listen to you and discuss the facts of your case. The attorney will then be able to guide you through the process of filing a wrongful death lawsuit.
What to Do After an Accidental Death
- Call 911
When an accident resulting in unexpected death occurs, your first step should be to call 911. This is true even if the accident led to a serious, but non-deadly injury. In this scenario, alerting emergency responders as soon as possible can help preserve a life.
- File a Report
Your next step should be to file a report with the proper authorities. The report will describe the circumstances that led to and caused the incident. When making the report, describe in as much detail the events that occurred leading up to the accident. A clear and comprehensive report may be helpful if a wrongful death lawsuit is later pursued.
- Contact an Attorney
If you are interested in pursuing a wrongful death claim, or if you would like to learn more about what you can do to seek compensation for your family, contact a wrongful death attorney. An attorney will listen to you and discuss the facts of your case. The attorney will then be able to guide you through the process of filing a wrongful death lawsuit.
CASE RESULTS
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationElements of a Wrongful Death Claim
The primary element of a wrongful death claim is the death of a human being. The other key elements of a wrongful death claim include:
Duty of Care
The party bringing the wrongful death claim must establish that the person or entity that caused the death owed a duty of care to the deceased person.
Although the precise definition of a duty of care depends on the nature of the relationship between the parties, a duty of care generally refers to a duty to keep someone safe or to refrain from doing something that would harm someone.
For example, consider the case of a fatal car accident. In such a scenario, the plaintiff will need to establish that the defendant had a duty to act reasonably by doing things such as obeying traffic laws and driving carefully.
Breach of Duty of Care
After establishing that a duty of care existed, the plaintiff must then show that the defendant breached his or her duty. Typically, this means that the plaintiff must show that the defendant did not act carefully or responsibly.
This can be accomplished by providing evidence that the defendant engaged in an act that led to the death in question. In the case of a fatal car crash, the plaintiff may offer evidence that the defendant was drunk, speeding, or texting while driving.
Causation
The plaintiff must be able to show that the defendant’s breach of duty caused the decedent’s harm. This means that the plaintiff must be able to establish that the actions of the defendant directly caused the wrongful death. This may be accomplished using evidence such as expert testimony or witness statements.
Damages
Proving damages means proving that the injured party suffered some sort of harm. In cases of wrongful death, if the elements of duty, breach, and causation are established, damages will be presumed.
Satisfying all of the elements of a claim can be incredibly difficult. Fortunately, the wrongful death attorneys from our team in Dallas are here to handle the process for you.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationWho Can File a Wrongful Death Suit in Dallas, TX?
When a person meets an untimely death that could have been prevented, many people are impacted. These people include family members, life partners, friends, and financial dependents. Our Dallas wrongful death lawyers can help you through this difficult time by handling the legal process and bringing justice on behalf of your family member.
A wrongful death lawsuit can be pressed if someone dies as a result of another person or company’s negligence. There are many types of wrongful death claims, including medical malpractice, car accidents, product liability, or construction accidents.
Typically the only individuals who are eligible to request a wrongful death lawsuit are a victim’s surviving spouse, children of the victim, and dependent parents. If none of these survived a victim, parents who were not dependent on the victim can request a lawsuit as well as a victim’s siblings, grandparents of the victim, or any next of kin.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationFactors to Consider Before Filing a Civil Suit
Before a claim can be filed, a wrongful death attorney can help you evaluate who was at fault: A driver? An employer? A manufacturer? An installer? The owner of the premises? There are many individuals who could have been responsible and held liable.
It is often a complex and difficult process to establish fault, which is why it is encouraged that you get the necessary legal assistance from an experienced attorney. A wrongful death claim can be filed whether the accident was intentional or unintentional. When you file this claim, it is important to decide on a number of factors:
- Who could provide expert testimony regarding a victim’s life expectancy?
- What is the monetary value of loss of companionship?
- Who was at fault?
How a Wrongful Death Attorney Can Win Your Case
An attorney from our team in Dallas, TX, can take a number of actions to ensure your wrongful death suit is fruitful. Here’s what they’ll do to improve your chances of receiving a fair settlement or jury verdict:
Investigate the Fatal Incident
After your initial meeting with a wrongful death attorney, they will conduct a thorough investigation into the fatal accident. In doing so, the attorney may interview several parties, including the person who caused the accident, witnesses to the accident, and insurance companies who cover the accused party.
The attorney will also review important and relevant documents such as medical records, police reports, work logs, and surveillance videos.
Determine Who Is at Fault
Determining fault in a wrongful death case involves establishing the four elements mentioned above. In order to establish these elements, it will be necessary to thoroughly comb through the facts of your case.
For instance, an investigation into witnesses, accident reports, autopsy reports, medical records, and consultation with experts will all likely be necessary in order to establish a good case that a party is liable for wrongful death.
Calculate the Damages You’re Owed
Calculating damages is not an easy task, especially in wrongful death cases. The damages phase of a trial often involves taking the testimony of expert witnesses who present opinions on the proper amount of damages.
Economic damages may be calculated by examining the financial statements of the deceased up until the time of death and projecting his or her future income up until the time of retirement. Non-economic damages are much more difficult to calculate and often require the jury to make subjective decisions based on many factors.
Fight for a Fair Settlement
After gathering as much information as possible, the wrongful death attorney will contact you to review your legal options. If the case is strong enough, a lawsuit may be filed. This process begins by filing the necessary documents, which alerts the court and the defendant that a lawsuit is being initiated.
The remainder of the process consists of more investigation into the facts of the case. Investigations and depositions may be conducted up until the time of trial unless the parties reach a settlement.
Compensation You Could Receive from a Winning Suit
Damages awarded in wrongful death lawsuits are meant to compensate the family members for the losses experienced when losing a loved one. In Texas, the types of damages can be separated into three general categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages reflect the financial contributions the decedent would have made to his or her surviving relatives had it not been for the untimely death. Economic damages may include:
- Medical bills related to the death
- Funeral expenses and burial costs
- Loss of expected earnings
- Loss of benefits (e.g., pension plans and/or medical coverage)
- Loss of inheritance
- The value of goods and services that the decedent would have provided
Non-Economic Damages
Non-economic damages cannot be objectively quantified. Rather, these types of damages are subjectively evaluated by a jury in a wrongful death case. Types of non-economic damages may include:
- Mental anguish or pain and suffering
- Loss of care, support, and protection from the deceased
- Loss of companionship
- Loss of consortium
- Loss of guidance
Punitive Damages
Punitive damages, also known as exemplary damages, may be awarded in order to punish the wrongdoer. Although uncommon, punitive damages may be awarded in instances where the actions of the defendant were particularly reckless or intentional.
You Have a Limited Time to File a Wrongful Death Suit
A “statute of limitations” is a legal time limit in which a lawsuit must be initiated. If a person does not bring a claim within the statute of limitations time period, that person is barred from litigating the claim in court.
Texas Code § 16.003 states that surviving family members must file a lawsuit within two years of the decedent’s death. Thus, for example, if a person was killed in a car crash on July 1, 2019, a wrongful death suit must be filed before July 1, 2021. If the suit is not filed before July 1, 2021, the claim is barred from being heard in court.
In certain situations, a statute of limitations may be paused or “tolled.” In these cases, the statute of limitations clock does not begin ticking until the harm is discovered. However, it is safest to assume that the two-year statute of limitations is always in effect.
Because the statute of limitations is a critical factor that can break a wrongful death case, it may be helpful to seek the advice of an experienced wrongful death attorney. An attorney can provide you with legal advice regarding the status and viability of your claim.
Child Wrongful Death
In Texas, the parents of a child who was killed in an accident caused by another party may bring a claim to recover damages. Adoptive parents may also file a wrongful death claim for their adopted child.
Damages in wrongful death cases involving a child typically include monetary payment for the loss of the child’s contribution to the family, loss of the relationship with the child, the grief that is experienced because of the loss of the child, and possibly damages for future earnings. If the child survived for some time following the accident but eventually passed away, damages may also include medical expenses incurred as a result of treating the child.
In cases involving adult children, parents will typically not be allowed to seek compensation in the form of damages unless the parents depended on the adult child for support. This means the parents must have received financial support from the adult child. One example is payments received for living expenses.
You Can Trust Our Firm to Do What’s Right for Your Case
Zinda Law Group is a wrongful death and injury law firm that genuinely cares about the best interests of its clients, and that has qualifications you can trust.
The firm is BBB accredited, has received a SuperLawyers® rating, and is a part of The Million Dollar Advocates Forum. Zinda Law Group’s attorneys have also received a 10.0 rating on AVVO and have been recognized as “Top 40 Under 40” by the National Trial Lawyers.
Our team has also received countless testimonials from clients whose lives we’ve changed for the better. Once you’ve taken the time to look through the reviews our firm has received, you’ll realize that our team of attorneys in Dallas is the right choice for your wrongful death case.
We Won’t Charge You Any Upfront or Out-of-Pocket Fees
Our firm doesn’t believe in charging outrageous attorney’s fees to families who are grieving the tragic loss of a loved one. That’s why our attorneys in Dallas operate on a contingency fee basis. In other words, your lawyer will take a percentage of the money you receive from your civil suit instead of chagrin you out-of-pocket.
If we fail to secure the financial remedies you’re owed, we won’t charge you a cent for our legal services. We hope this payment method makes getting the legal representation you need as simple and affordable as possible. If you have any questions about our contingency fee, an attorney can answer them during your free consultation.
Get a Dallas Wrongful Death Attorney on Your Side
The most important step you can take before filing a claim is to secure the help of a competent Dallas wrongful death lawyer. There are many things to consider when filing a claim that an attorney can advise you about.
Most importantly, our attorneys know the time limitations and laws that impact your case. They’ll be able to collect important information regarding your loved one’s passing, build a strong claim, and ensure your suit is filed in accordance with state law.
Contact the team at Zinda Law Group today to get the advice and representation you need to obtain justice and fair financial compensation.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
