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Wrongful death cases involve devastating and catastrophic circumstances that change the lives of our clients forever. At Queenan Law, our Dallas wrongful death attorneys take the utmost care to handle these matters with due sensitivity, providing compassionate support for the people we represent while fighting vigorously to see that justice is served.
If you have lost a loved one in Dallas, Texas, please accept our sincerest condolences. We know how painful it is to discuss the death of a spouse or relative, but whenever you feel ready to begin exploring your family’s legal options, we will be by your side to provide you with all of the information and guidance you need. Supported by more than 20 years of practical experience, our accomplished team of Dallas wrongful death lawyers is amply equipped with the skill, knowledge, and aptitude to investigate even the most complex matters.
Call The Queenan Law Firm’s wrongful death lawyers at (817) 476-1797 for your free case review.
Proving Fault in a Wrongful Death Lawsuit
When a fatal, preventable accident occurs, the decedent’s surviving family members and/or spouse have legal cause to sue for wrongful death, roughly defined as any avoidable death caused by “negligence,” or failure to meet the care standards that would normally be applied in order to reduce the risk of causing accidental death or injury.
Negligence Examples
Negligence can manifest differently depending on the underlying circumstances of a victim’s death.
- In the context of a car accident, negligence might take the form of excessive speeding, following another vehicle too closely, driving while intoxicated, ignoring traffic signs, or making an improper turn.
- In the context of a fatal workplace injury, such as an accidental fall at a construction site, negligence might involve failure to comply with safety standards, failure to adequately supervise inexperienced employees, or negligent property maintenance, which can create a slip and fall hazard.
- With regard to a death caused by a defective product, negligence would generally involve a failure to design, test, manufacture, or label the product adequately.
Negligence Elements
Regardless of the circumstances, a “wrongful death” requires proving these four elements in a negligence case:
- Duty – The defendant owed the victim a legal duty, often based on specific laws (e.g., traffic laws) or based on what is reasonable given the relationship between the defendant and victim (doctor-patient relationship, property owner and guest, etc.).
- Breach – The defendant breached that duty. This can involve inattention, lack of skill, or simple oversights.
- Causation – The breach must be what caused their injuries and death. Otherwise, another person or a different cause might be to blame for the death.
- Damages – You must prove a tangible harm to sue in any negligence claim, but the death itself – as well as the economic and non-economic effects of that death – will suffice.
Burden of Proof
No matter what causes a fatal accident, or what types of injuries or complications the accident resulted in, the ability to show negligence and fault is an absolutely critical component of any claim or lawsuit. The “burden of proof” falls upon the victim, meaning the plaintiff or claimant is responsible for proving not only the existence of an injury or death, but also certain facts about how and why the injury or death occurred.
Our Approach
In every matter Queenan Law handles, we follow a two-step process to help clients prove that their loved one’s accident was both unavoidable and caused the death, as we examine the facts from all angles.
First, we thoroughly investigate the situation to uncover the strongest evidence for your case. Then, we devise a case strategy and employ the necessary tactics to develop persuasive and gripping arguments.
Recovering Compensation for the Wrongful Death of a Family Member
Dallas wrongful death attorney Kevin Queenan argues for comprehensive wrongful death settlements on par with the damages his clients have unnecessarily suffered. He understands the emotional distress the process can cause, and remains sensitive to his clients’ emotional state while pursuing and protecting their best legal and financial interests. You can trust in his experience to help you argue for settlement compensation that truly covers your needs.
Damages Available
We look for all damages we can claim, including current and anticipated expenses and hardships associated with:
- Emotional Trauma
- Funeral Costs
- Grief Counseling
- Loss of Consortium/Marital Relationship
- Lost Income
- Medical Bills
- Pain and Suffering.
Negotiating Claims
When you’re mourning the death of a loved one, negotiating with insurance companies is the very last issue you want or should have to deal with. Let us help lighten your burden by handling all of the legal work on your family’s behalf.
Getting Justice
Our Dallas wrongful death attorneys approach every case with an aggressive, results-oriented strategy, always seeking legal resolutions that will enable our clients to gain closure and carry on with their lives. The loved ones of fatal accident victims deserve the dignity that comes from seeing justice prevail, and we do everything in our power to help make that happen.
When to File a Wrongful Death Lawsuit in Dallas, Texas
Every wrongful death case, along with any other personal injury suit, is subject to a rule called the “statute of limitations.” These rules prevent especially old cases from making their way into court.
Statute of Limtiations
The Texas statute of limitations on wrongful death cases is two years. This means that you must file the case with a court within 2 years of the death, or else it could be blocked.
Filing Too Late
In the case that you file too late, the defendant who allegedly caused the death can raise the statute of limitations as a complete defense to the allegations, and may win their case.
Extensions for Fraudulent Concealment
In rare circumstances, you may be able to get an extension on this 2-year deadline. Especially in cases where a loved one died because of medical malpractice or while living in a nursing home, the facts surrounding the death may not be clear.
For example, those responsible for the death intentionally hid the fact that they were responsible for the death, you may be entitled to an extension of the deadline to file based on “fraudulent concealment.” Other grounds for extensions might also occur, such as the discovery rule in medical malpractice deaths, allowing extensions for undiscoverable causes that are discovered later when additional information is obtained.
When to Contact a Lawyer
Grounds for extensions are quite rare, so you should never rely upon an extension.
This means you should talk to an attorney as soon as you can after a loved one’s death. Your attorney can begin investigating facts and collecting information while you deal with other effects of your loss, saving time and helping move your case along.
Survival Actions vs. Wrongful Death Actions
When someone dies, you actually have two possible lawsuits you can file. These are usually filed together, though they benefit different parties and have different people who file them.
Wrongful Death Action
A wrongful death action pays the surviving family for the death of a loved one. This is a lawsuit you file to compensate you for your loss.
Who Files?
This is usually filed by the spouse, parent, or children of the deceased. If none of them file within 3 months, the personal representative named in their will or appointed by the court can file instead.
What Damages Are Paid?
This lawsuit pays for damages the family suffers:
- Lost income
- Funeral expenses
- Lost support
- Lost household services
- Lost intimacy
- Lost companionship
- Mental anguish
- Grief
- Emotional distress
- And more.
Survival Action
A survival action is the lawsuit your loved one could have filed if they had lived. For example, a loved one who was injured in a car crash could sue for the crash; if they died, the family would file a survival action for the crash instead.
Who Files?
This is filed by the estate through the victim’s personal representative and pays damages into the estate.
What Damages Are Paid?
The damages in a survival action cover the victim’s pre-death damages, such as:
- Lost wages
- Hospital bills
- Pre-death pain and suffering.
Who Can File a Wrongful Death Claim in Texas?
A wrongful death claim can only be brought by particular members of the deceased’s family.
Family Who Can File
This means that some family members, like siblings, may not be permitted to file. The Texas wrongful death statute states that only a spouse, child, or parents can file for wrongful death.
Personal Representative
Alternatively, the “executor” or “personal representative” of the deceased’s estate can file the case instead if no one eligible has brought the suit within 3 months. This means that if someone other than a parent, child, or spouse was put in charge of the deceased’s estate and will, they can file the case instead.
Beneficiaries
Ultimately, even if you cannot file the case, you may still benefit from the lawsuit. The lawsuit is permitted to benefit a surviving spouse, child, or parent – but some of the winnings also go into the estate.
Can Brothers, Sisters, and Unmarried Partners Benefit?
The damages from the wrongful death action are paid to the spouse, parents, or child directly, and other family members cannot get these benefits instead. However, damages from the survival action are paid into the victim’s estate.
That means that anyone who is an heir to the estate can get their share of the survival action damages. That can pay brothers, sisters, dating partners, engaged partners, and other people.
Does a Will Change Who Benefits?
In some states, the damages paid into the estate from the survival action still must be distributed according to certain rules of inheritance, regardless of what the will says. Texas does not have a law like this.
This means that any damages paid into the estate can be distributed according to the will, even to people other than the spouse, parents, or children.
FAQS for Wrongful Death Claims in Dallas, TX
Do I Need a Special Lawyer for Wrongful Death Claims?
Our attorneys broadly practice in all areas of personal injury law, including in wrongful death claims. That means we can help you with any type of claim for wrongful death, from an auto accident to a work injury, and more.
Can You Sue for Deadly Work Injuries?
Under Workers’ Compensation rules, the family of a deceased worker cannot sue their loved one’s employer for work-related injuries. However, Texas law allows employers to opt out of Workers’ Compensation, and it allows workers to opt out of Workers’ Compensation when they start a new job.
If your loved one’s employer or your loved one had opted out, then you can freely sue for their death at work. If they did not, then you can still sue for a work-related death, but only against third parties (drivers, equipment manufacturers, customers, etc.).
Can I Sue a Trucking Company for a Deadly Truck Crash?
Truck accidents are often more likely to be fatal than everyday car accidents. Our lawyers can often bring claims against the driver and the trucking company.
Trucking companies can be sued in two ways:
- The trucking company is liable for its driver’s negligence if the driver caused a crash within the scope of their job duties.
- The trucking company can be liable for its own mistakes, e.g., negligent hiring and retention, negligent vehicle upkeep, etc.
Can You Sue Hospitals for Wrongful Death?
If your loved one died because of malpractice during their treatment for an accident, the damages might actually be claimed against the original defendant. For example, if they were being treated for a car crash when they passed away from malpractice, the at-fault driver could be made to pay for that.
If they died because of negligent health care on its own, such as undiagnosed cancer, surgical mistakes, or being turned away from the hospital while having a heart attack, that may be the hospital’s fault. However, it could also be the doctor’s individual fault, and our wrongful death lawyers would need to investigate more closely to see which party to sue or whether we can include both the hospital and the doctor.
Should I Sue or Use Insurance?
If insurance coverage is available for the accident that caused your loved one’s death – which is common in car accidents, for example – you should still call a lawyer and consider a lawsuit. In many cases, insurance companies refuse to pay high-dollar damages like wrongful death damages and may give low-ball offers that will not compensate you.
The only ways to improve the settlement offer may be through rigorous negotiation with the help of an attorney or by suing in court where the decision goes to the jury instead of the insurance adjusters.
Our Dallas Wrongful Death Lawyers Can Help
For a free case review with one of our highly experienced Dallas wrongful death attorneys, call Queenan Law at (817) 476-1797.