Dallas Wrongful Death Lawyer
Pursue Justice – Retain the Dallas Injury Attorney
A wrongful death is without question one of the most devastating events a person can ever endure. Emotional grief is only compounded by the unfairness of such a situation, causing most people to feel like they have nowhere to turn. At the Lenahan Law Firm, we know differently.
We have established ourselves as compassionate advocates on behalf of those suffering from a wrongful death and are committed to fighting for justice on their behalf. With over 50 years of combined experience and client testimonials unlike any other firm, you can have complete confidence in the outstanding legal representation we offer.
Fill out a free case evaluation today to speak directly with a Dallas wrongful death lawyer.
How do I know if I can file a claim?
This type of legal action can allow the decedent's survivors to sue for damages related to the loss of their loved one, including their lost income and the loss of their personal relationship. To be eligible to file, however, certain requirements surrounding the details of a person’s death must be satisfied.
Texas law states that a wrongful death claim can be filed if another person’s “wrongful act, neglect, carelessness, unskillfulness, or default” results in the death of someone else. This can occur under almost any circumstances, such as a car accident, medical malpractice incident, or workplace accident. If family members wish to file a claim, they must do so within three months of death. After this time period, the executor of the deceased person’s estate may choose to file instead. It is important to note, however, that a person cannot sue for wrongful death if the decedent was killed while committing a crime.
- All of the following individuals can file a claim on behalf of the deceased person:
- Adult children over the death of a parent
- An adoptive child over the death of an adoptive parent
- Adoptive parents over the death of an adoptive child
Siblings cannot file a claim for the loss of their brother or sister. If the claim is successful, compensation may be awarded to the surviving family members. Compensation generally encompasses lost earning capacity, emotional suffering, lost companionship, and lost inheritance.
What Damages Can Be Recovered?
In a wrongful death case, the survivors of the deceased can seek to recover a variety of monetary damages related to the loss of life. These damages can be broken up into two main categories economic and non-economic damages. Economic damages compensate for quantifiable losses such as medical expenses or missed days at work. Non-economic damages, on the other hand, compensate for more abstract losses such as pain and suffering and mental anguish.
Damages can be awarded for the following:
- Lost earning capacity
- Lost care of the family member
- Pain and suffering
- Lost love and companionship
- Lost inheritance
In particularly egregious cases where the death occurred as a result of gross negligence, exemplary or punitive damages can be awarded. As opposed to the compensatory nature of other damages, exemplary damages are meant to act as a punishment to deter others from acting in the same fashion. Any awarded damages are to be divided between the surviving family members as the court sees fit.
Our Dallas wrongful death attorneys are here to represent you!
In the midst of your pain and suffering, the last thing you need to worry about is taking legal action on behalf of your loved one. Our firm is closely familiar with the process of filing a claim in Texas and will work hard behind the scenes so you don’t have to. We believe that our clients deserve the best, which is why we consistently go above and beyond the expectations set for us.
Nothing can ever make up for the loss of your loved one, but requiring the responsible party to pay compensation is one way to ensure that justice is done.
Let the Lenahan Law Firm walk with you during this difficult time; call (888) 828-5630 to take advantage of our representation.