How to File a Wrongful Death Claim in Dallas
When you file a wrongful death claim, you are not actually filing on behalf of the deceased family member. Instead, wrongful death claims are meant to compensate the family members of the deceased for the damages they suffered as a result of their loved one’s death. Because of this, multiple family members can file wrongful death lawsuits for the same death.
In Dallas, wrongful death lawsuit can be pursued by:
To file a wrongful death claim, it is essential that you contact a knowledgeable attorney within a specific time frame known as the statute of limitation. Typically, the deadline to file a wrongful death claim is two years; however, waiting can also mean lost evidence and witness clarity, so it is advised that you contact an attorney as soon as possible if you are considering a wrongful death lawsuit.
Damages that Can Be Recovered in a Wrongful Death Lawsuit
Damages that can be recovered in a wrongful death lawsuit can be difficult to prove as many are non-economic and do manifest physically. A Dallas wrongful death attorney can help explain your damages in a way that jurors understand. They can also demonstrate the financial value of the damages, putting you in the best position to recover full compensation.
Among the damages we commonly see in wrongful death claims are:
- Funeral expenses
- Medical expenses related to the care of the deceased
- Loss of inheritance
- Loss of financial support
- Loss of benefits (such as insurance)
- Loss of companionship
- Loss of emotional support
- Mental anguish
- Emotional pain and suffering
- Loss of consortium
- Loss of care, advice, or protection
In some instances, you may also be able to seek punitive damages. Where compensatory damages like those above compensate the plaintiffs and “make them whole,” punitive damages are meant to punish the defendant and act as a deterrent for similar future conduct.
Punitive damages are reserved for claims in which the defendant’s actions are found to be especially egregious, reckless, or negligent.
Expert Witnesses to Help Your Wrongful Death Claim
At Thomas J. Henry Law, we understand the value of consulting with industry experts and often work with the nation’s leading expert witnesses to build our clients’ claims. Expert witnesses, also called judicial experts, are people who have specialized knowledge and expertise in a particular subject beyond that which an average person would possess. In lawsuits, they are qualified to provide expert opinions as well as deliver evidence using facts from their field of expertise.
Our law firm has spent more than 25 years building professional relationships with leading experts across a variety of industries and fields. Depending on the circumstances surrounding your wrongful death claim, Thomas J. Henry Law may enlist the help of:
- Accident investigation experts
- Accident re-constructionists
- Forensic engineers
- OSHA consultants
- Medical doctors and physicians
- Commercial trucking regulatory experts
- Grief counselors
Filing a Survival Action Lawsuit in Dallas
While wrongful death claims seek to compensate the loved ones of the deceased person for the damages they have suffered, survival actions allow the family and/or estate of a deceased person to seek compensation for damages suffered by the deceased person prior to their death.
The idea behind a survival action lawsuit is that had the deceased person survived, he or she would have been able to pursue legal action against the defendant to recover damages for pain and suffering. Because the person is no longer able to recover those damages, a survival action states that those damages should in turn be paid to the surviving members of that person’s family.
In Dallas, survival actions can be filed by the deceased person’s legal heir or by an estate representative, and they can be filed in conjunction with a wrongful death lawsuit.
Contact a Wrongful Death Lawyer in Dallas, Texas
Thomas J. Henry Law has pursued justice for injured victims and their families for more than 25 years. If you have lost a loved one to an accident, injury, or illness, our firm can help. We will take immediate action on your claim to ensure you and your family are in the best position to recover the compensation you deserve. Do not wait, our Dallas wrongful death attorneys are available 24/7, nights and weekends. Call now.