If you’re facing serious injuries in or Texas due to another person’s or corporation’s negligence, recklessness, dangerous actions, car or truck accident, or faulty products, it’s crucial to get legal representation from Dunham & Jones, the Trusted Texas Personal Injury Attorneys. Dunham & Jones can help you recover compensation for medical costs, income losses, pain, suffering, and other damages through a meticulously crafted personal injury or wrongful death claim in Texas. Call 888-222-9746 now for your free injury case review and discuss your case in detail.
Wrongful Death Lawyers Dunham & Jones. If you have lost a family member due to the negligence of another party, consulting a wrongful death attorney is crucial. An attorney can offer a free case review to help you determine the best course of action to hold the responsible party accountable. Legal representation can significantly increase your chances of a positive outcome, as insurance companies and other parties respect the experience and track record of your lawyer.
Contact our lawyers at the Dunham & Jones, Attorneys at Law today to schedule your free initial consultation. We are ready to examine the details of your case and help you explore your legal options.
Why Select Dunham & Jones, Attorneys at Law?
At Dunham & Jones, Attorneys at Law we treat our clients like family. You will be in frequent contact with your wrongful death lawyer throughout your case and will never be left in the dark about the progress.
We are among the most powerful personal injury lawyers with offices across the state. You won’t pay anything for our services unless you win your case. Our injury lawyers operate on a contingency fee basis, ensuring that you have access to quality legal representation without any upfront costs.
Wrongful Death Lawyer Helps Get Justice
When an individual passes away, they can no longer have their day in court. However, you may be able to seek justice for your loved one who died unnecessarily. As long as you file your case within two years, Texas law allows you to seek compensation and other relief to help make you or other affected parties whole again. Hiring a qualified wrongful death attorney can simplify the legal process for you and your family during this difficult time.
A wrongful death attorney can help you navigate the state’s specific laws, including filing deadlines and other important legal requirements. Your lawyer will investigate the fatal incident, search for signs of negligence, and negotiate for maximum financial compensation on your behalf.
What is Wrongful Death?
While the civil tort of wrongful death has similar definitions across the nation, each state has its own specific statute. In Texas, the Civil Practice and Remedies Code Section 71.002 defines wrongful death as “a loss of life caused by another person’s wrongful act, neglect, carelessness, unskillfulness, or default (omission)”. Generally, if a reasonable and prudent party would have likely prevented your loved one’s fatal injury or illness under the same or similar circumstances, you have grounds to file a wrongful death claim.
Wrongful Death Cases & Proving Negligence
The passing of an individual doesn’t automatically imply fault or intent. If a death is ruled accidental, you or other family members may not be entitled to compensation or other relief as allowed by law. Therefore, it’s crucial for your attorney to prove that negligence was the primary reason for your loved one’s passing.
Negligence occurs when someone makes a decision not supported by facts, experience, or available tools to remedy a situation. For example, if a doctor fails to operate after a car accident, they may be deemed negligent if the patient was brought to a hospital with the proper tools for the procedure. However, the doctor might not be considered negligent if they lacked the necessary experience to perform the surgery or were stranded on the side of the road without the required tools.
An attorney will examine various records to determine if different actions might have altered the outcome of your case. This might involve reviewing the events leading up to a car accident or a misdiagnosis that resulted in death. It may also include evaluating an individual’s medical records to see if they received proper treatment or if they were denied treatment that could have prevented their death.
Common Wrongful Death Claims
A family can file a wrongful death lawsuit after many different types of preventable fatal accidents. At Dunham & Jones, Attorneys at Law, our wrongful death attorneys have years of experience handling a variety of cases for clients. We understand this practice area and know how to litigate the most common wrongful death cases, including:
- Motor vehicle accidents
- Big rig truck accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Bus accidents
- Train and railroad accidents
- Multi-Vehicle collisions
- Dangerous products and pharmaceuticals
- Workplace accidents
- Construction accidents
- Industrial disasters
- Structural collapses
- Acts of violence
Call Dunham & Jones at 888-222-9746 to schedule a free consultation with an injury attorney and learn how we can help you with your Wrongful Death case. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.
What Damages Can a Wrongful Death Lawyer Pursue?
You may be entitled to compensation to cover your deceased family member’s final expenses, including hospital bills and funeral costs. Additionally, compensation may be sought to pay off a mortgage, credit card debt, or other expenses the individual owed, reducing the financial burden on the next of kin.
A wrongful death attorney will vigorously pursue compensation on behalf of their client. Wrongful death beneficiaries are allowed to seek various types of damages, including those typically associated with personal injury claims, as well as:
- Damages for the loss to the estate
- Loss of a familial relationship
- Financial losses directly affecting immediate family members
Our injury lawyers are dedicated to ensuring you receive the compensation you deserve to help you navigate this difficult time.
Common Types of Damages for a Wrongful Death Claim
When pursuing a wrongful death claim, several types of damages can be sought to compensate for the loss and suffering experienced by the family. These damages aim to provide financial relief and acknowledge the profound impact of the loss on the family’s lives and may include:
- Lost Earning Capacity: Compensation for the income the deceased would have reasonably been expected to earn throughout their lifetime.
- Household Services: The reasonable value of household services the deceased would have provided to assist their family had they survived.
- Loss of Companionship: Compensation for the companionship, society, love, counsel, and emotional support the deceased would have provided to their family.
- Mental Anguish: Damages for the suffering the family has to endure due to losing their loved one.
- Loss of Inheritance: The value of any assets the descendants would have reasonably anticipated receiving had their loved one lived a full life.
Factors Affecting Compensation in a Wrongful Death Claim
There is no predetermined amount of compensation paid to families if a wrongful death claim is successful. Instead, several factors are examined to adequately calculate the amount of compensation. These factors help ensure that the compensation reflects the true extent of the loss and provides adequate financial support to the deceased’s family and may include:
- Age, Education Level, and Occupation of the Deceased: These elements influence the deceased’s earning potential and the value of their contributions to the family.
- Past Earnings and Future Earning Potential: Compensation is often based on what the deceased would have reasonably earned in the future.
- Shared Fault for the Incident: If there was any shared fault for the incident, it could impact the amount of compensation awarded.
- Insurance Limitations of the At-Fault Party: The insurance coverage available can affect the total compensation recoverable.
- Total Assets of the At-Fault Party: The financial resources of the at-fault party may also play a role in determining the compensation amount.
Other Forms of Compensation in a Wrongful Death Claim
Depending on the facts and circumstances of your case, other forms of compensation may be available. While there is no guarantee of any particular outcome, your wrongful death attorney will work with you to determine what compensation you may be entitled to in your specific case.
A skilled injury lawyer handling a wrongful death claim will collaborate with trusted financial and economic experts to help calculate the total amounts of compensation. They will then negotiate with the insurance carriers and other parties involved to secure a fair settlement.
Your attorney’s goal is to ensure you receive the maximum compensation possible to support you and your family during this challenging time.
What Are the Differences Between Economic, Non-Economic, & Punitive Damages?
Understanding the differences between economic, non-economic, and punitive damages can be crucial in a wrongful death trial. Here’s a breakdown:
Economic Damages
Economic damages are the more calculable losses that a family and the estate will endure as a result of the death. These are tangible losses that can be easily quantified using bills, receipts, or invoices. Examples include:
- Medical bills
- Funeral and burial expenses
- Lost wages
- Any other expense that can be documented financially
Non-Economic Damages
Non-economic damages refer to the more intangible losses the family is likely to endure due to the death. These losses do not have direct bills or receipts attached to them and are more subjective. Examples include:
- Pain and suffering and mental anguish of the deceased
- Loss of counsel and emotional support
- Loss of companionship and consortium (intimate relations) for a spouse or partner
Punitive Damages
Punitive damages are not sought in every wrongful death claim. These damages are reserved for situations where the conduct of the alleged at-fault party was particularly egregious or intentional. Punitive damages are meant to:
- Serve as a punishment to the defendant
- Act as a deterrent to prevent others from engaging in similar behavior
- In a wrongful death case, a skilled attorney will work to identify and quantify all potential damages to ensure that you receive fair and comprehensive compensation for your loss.
Call Dunham & Jones today at 888-222-9746 to schedule a free consultation with a Texas Wrongful Death lawyer. Wrongful Death cases need an experienced injury law firm such as Dunham & Jones. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.
What to Look for in Your Wrongful Death Lawyer
When searching for the ideal wrongful death lawyer to represent you and your family, it’s important to research your options and narrow down your list based on the best traits in an attorney. Key questions to ask when looking to hire a wrongful death attorney are:
Years of Experience
Your wrongful death lawyer should have many years of experience in civil litigation, particularly personal injury and wrongful death suits. Only hands-on experience can provide an attorney with the skill and knowledge required to tackle the obstacles that may arise during your case. The attorneys at Dunham & Jones, Attorneys at Law are experienced and qualified to handle your wrongful death claim.
Compassion for Clients
The law firm you choose should prioritize the client, ensuring practices such as open communication, free initial consultations, affordable legal fees, and personalized legal services. This ensures that your injury attorney treats your wrongful death case with due care and respect.
Positive Case Results
A history of positive case results can give you confidence in your attorney’s ability to achieve the outcome you desire.
Get to know our injury lawyers during your free one-on-one case evaluation. You can discuss your loss with one of our compassionate wrongful death attorneys in person or over the phone.
Texas Wrongful Death FAQs
What is wrongful death under Texas law?
Under the Texas Wrongful Death Act (Civil Practice and Remedies Code Chapter 71), a wrongful death occurs when a person dies because of another’s wrongful act, neglect, carelessness, unskillfulness, or default. Certain family members can recover damages if the person could have brought an injury claim had they survived.
Who can file a wrongful death claim in Texas?
Only the surviving spouse, children (including adult and adopted children), and parents of the deceased can bring a Texas wrongful death claim. If none of them files within three months of the death, the executor or administrator of the estate may file unless all of those family members ask that no claim be brought.
Can you file a wrongful death claim for the loss of a sibling in Texas?
No. Siblings are not eligible beneficiaries under the Texas Wrongful Death Act. However, the deceased person’s estate may bring a survival claim, and a sibling who serves as executor or administrator may pursue it on the estate’s behalf. Siblings may also be heirs who share in a survival recovery.
What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim compensates surviving family members for their own losses, such as lost support, companionship, and mental anguish. A survival claim belongs to the estate and recovers what the deceased could have claimed, such as medical bills, pain and suffering before death, and funeral expenses.
What is the deadline to file a wrongful death lawsuit in Texas?
Generally, two years from the date of death under Civil Practice and Remedies Code §16.003(b). Medical malpractice deaths and claims against government entities have additional notice and filing requirements, so families should talk to a lawyer well before the deadline.
What damages can be recovered in a Texas wrongful death case?
Beneficiaries may recover lost earnings and financial support, lost inheritance, loss of care and household services, loss of companionship and society, and mental anguish. Exemplary damages may be available for gross negligence, and survival claims can add the deceased’s medical and funeral costs and conscious pain.
What if there is also a criminal case for my loved one’s death?
A civil wrongful death claim is separate from any criminal prosecution. The civil case uses a lower burden of proof and can proceed regardless of the criminal outcome. Families may also apply for help with funeral and counseling costs through the Texas Crime Victims’ Compensation Program.
How much does a wrongful death attorney cost?
Dunham & Jones handles wrongful death claims on a contingency fee basis. Families pay no upfront attorney’s fee, and the fee is a percentage of the recovery set out in writing. If there is no recovery, there is no attorney’s fee. Call 888-222-9746 to talk with the injury team.
General information about Texas law, not legal advice. For a free injury case review, call 888-222-9746.
Speak to Our Wrongful Death Lawyers
Losing a loved one is one of the hardest things you will ever go through. If your sibling, parent, or grandparent died because of someone else’s mistake, hiring a wrongful death lawyer may be in your best interest. The qualified and experienced attorneys at the Dunham & Jones, Attorneys at Law are here to help you navigate this difficult time and seek justice for your loved one.
Why Choose Us?
- We understand the emotional toll of losing a loved one and are committed to providing compassionate legal support throughout your case.
- Our lawyers have extensive experience handling wrongful death claims and will work tirelessly to secure the compensation you deserve.
- You can visit us at one of our many offices around the state, making it easier for you to access the legal assistance you need.
Contact Dunham & Jones Today
Speak to our wrongful death lawyers to discuss your case. We are dedicated to helping families get the justice they deserve. Call us at 888-222-9746 today to schedule your free consultation and let us help you through this challenging time.
WE'RE HERE TO HELP YOU!
SHARE YOUR STORY WITH US NOW!
Enter your information to start your free
case review with no obligation.
"*" indicates required fields