Dallas Wrongful Death Lawyers
Wrongful Death Lawyers Serving Injured Clients in Dallas, TX, and Surrounding Communities
The sudden loss of a loved one is a terrible tragedy. Knowing that the death of that person was entirely preventable only adds to the pain.
When an instance of wrongful death occurs, family members are left to mourn their loved ones while also struggling with the expenses and financial uncertainty that follow. At Thomas J. Henry Law, we believe you should not be left to face these obstacles alone. Our team of Dallas wrongful death lawyers will fight to secure justice for you and your family as well as the financial compensation you need and deserve. Call now for your FREE case consultation.
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:
- Spouses
- Children
- Parent
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 Dallas wrongful death 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
- Psychologists
- Psychiatrists
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.
Our Dallas Personal Injury Law Offices
- Phone number: 214-646-3953 (attorneys available 24/7 to assist you)
- Address: 6031 Connection Dr, #900, Irving, Texas 75039 (walk-in Monday through Friday)
Contact us for a free case review
Your questions
answered
We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.
Following an accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.
Will I Need Expert Witnesses for My Texas Wrongful Death Claim?
Wrongful death cases tend to deal with damages that are not tangible, such as loss of society, loss of companionship, and loss of love. Because of this, you must have expert witnesses who can accurately relay the extent of the non-physical damages you have suffered to a jury while demonstrating the death of your loved one was the result of negligence or reckless behavior.
Expert witnesses, also called judicial experts, are additional witnesses who by education, training, skill, or experience are considered to have the expertise and specialized knowledge that is beyond what an average person would have.
In the courtroom, they are recognized as having an expert opinion that carries considerable weight and may also deliver expert evidence using facts from the field of their expertise. Opinions offered by expert witnesses can be used to demonstrate negligence in an accident as well as assess damages and costs sustained by the plaintiff.
Because experts and fields of expertise are highly specialized and compartmentalized, your attorney must have access to the right expert for your case. At Thomas J. Henry, we secure the best expert witnesses for your case. Each expert witness we engage has been thoroughly examined and questioned before ever participating in your case. In utilizing expert witnesses, you must research each person before employing them for your case. We have spent a tremendous amount of time selecting our experts and only use the best in the nation for our clients.
What is a Survival Action?
The name can be confusing as the claim is actually filed for a person who has passed away, but understanding the purpose of the claim also helps to explain its title.
When a survival claim is filed on behalf of a deceased person, the victim’s family is essentially asserting that:
- The person died because of the defendant’s negligence.
- This negligence caused pain and suffering to the person before they died.
- Had the person survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
- The defendant should not be able to avoid liability for pain and suffering just because the person died.
- The pain and suffering damages should be paid to the deceased person’s estate.
Beyond pain and suffering damages, a survival claim can seek medical costs associated with medical procedures procured before the victim’s death as well as funeral and burial expenses.
What is a Wrongful Death Claim?
A wrongful death claim is a claim in which a family seeks damages related to the loss of a loved one. The important thing to remember about wrongful death claims is that they are not actually filed on behalf of the deceased person; instead, they are filed on behalf of the individuals affected by the decedent’s death.
As such, the damages family members seek when filing a wrongful death claim are:
- Loss of quality of life
- Loss of love and emotional support
- Loss of financial support
- Loss of companionship
- Loss of society
How Do I Speak to a Wrongful Death Attorney Near Me?
Texas law is very clear on who can and can’t file a wrongful death claim. Wrongful death beneficiaries are limited to three categories:
- Parents
- Children
- Spouses
Other relatives, even those that may be considered immediate family members like brothers and sisters, are barred from pursuing wrongful death claims in Texas.
If you meet the above criteria and would like to speak to a Texas wrongful death lawyer in your city, call Thomas J. Henry Law now. Our attorneys are available 24/7 nights and weekends to hear your claim. Additionally, if you are unable to travel to one of our offices, we can send an attorney directly to you!
What Kind of Damages Can You Pursue in a Wrongful Death Claim?
When the surviving family members (the estate) of an individual who dies because of the negligence of another party file suit, it is known as a wrongful death claim. When the family files, they may seek a variety of different types of damages.
The types of damages available to these survivors vary from state to state but generally fall into three distinct categories: economic, non-economic, and punitive damages. You can learn more about these damages and the process involved by speaking to an accidental death lawyer at Thomas J. Henry Law. Call now for a FREE case consultation.
Why
choose
us?
We help clients across the U.S. with all types of injury cases, including vehicle accidents, slip and falls, wrongful death, product recalls, pharmaceutical cases, mass tort, and more.
Thomas J. Henry offers a “No Fee Promise.” We work on a contingency fee basis which means you do not pay our firm any fees unless and until we win your case. Learn more.
If you’ve been hurt, you may have a damaged vehicle or be unable to work. We can help get you a rental car if your vehicle is damaged and even advance money on qualified cases.
We are committed to your complete recovery. We will work with you to ensure you receive the necessary medical treatment and support for your healing journey.
If you’ve been hurt, you may not be able to come into our offices to speak to an attorney. Don’t worry, we will come to you wherever you are – at home, work, or hospital.
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