Wrongful Death Lawyer Dallas

In a wrongful death case, there are four elements that should be shown to exist. These include:

1. 1. Negligence – it must be shown that the defendant’s careless, reckless, or negligent actions led to the death
2. 2. Breach of duty – the plaintiff must show that the defendant owed a duty of care to the victim
3. 3. Causation – it must be shown that the defendant broke their duty of care to the victim
4. 4. Damages – it must be shown that there are quantifiable damages (funeral costs, medical expenses, etc.)

Wrongful death damages vary case-by-case, but often include:

• – Medical expenses for the deceased’s prior to their death
• – Funeral and burial expenses for the deceased
• – Loss of the deceased’s future income
• – Loss of the deceased’s companionship and/or parental guidance
• – Loss of any inheritance for the deceased’s children
• – The pain and suffering that the deceased may have experienced before death

Yes, in addition to the wrongful death, a decedent’s family may recover damages for the pain and suffering that the decedent endured prior to death.

In Texas, the surviving spouse, children, or parents of the deceased are eligible to file a wrongful death lawsuit. If none of these individuals file within three months, the executor of the estate may file on behalf of the estate.

Texas law typically allows you two years from the date of your loved one’s death to file a wrongful death claim. However, exceptions may apply, so it’s important to speak with an attorney as soon as possible.