We are proud to have represented individuals and families who suffered the loss of a loved one due to wrongful death. We pursue wrongful death cases with a passion and conviction to hold wrongdoers accountable and to bring justice due to an unjust act.
What is a Wrongful Death case?
When a person dies or is killed due to the fault of another, the surviving family members of the victim may bring a legal action against the wrongdoer for “wrongful death.” Under Texas law, a lawsuit for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another.
Causes of Wrongful Death
Common situations causing wrongful death claims include automobile accidents, drunk driving car wrecks, distracted driving collisions, 18-wheeler truck wrecks, defective products, construction accidents, aviation accidents, falls, explosions, electrocutions, and doctor or hospital malpractice. Wrongful deaths caused by other acts or omissions may also be the basis of a wrongful death claim or lawsuit.
Who can bring a wrongful death claim?
Only the spouse, children, or parents of the decedent may pursue an action for wrongful death. Under current Texas law, siblings may not bring a wrongful death claim for the loss of their brother or sister.
Wrongful Death Damages
Generally, damages are awarded to compensate family members for their losses including mental anguish, lost inheritance, loss of earnings of the decedent, loss of household services of the decedent, lost support, love, and companionship. If the death was due to an act of gross negligence or an intentional act, punitive damages designed to penalize the defendant may be awarded.
Survival Damages
Texas law allows for the recovery of damages for the estate of the decedent for physical pain and mental anguish the victim may have experienced before death. Examples of when survival damages may be awarded are slowly dying after a car wreck or a construction accident. Medical expenses for the care of the decedent, before death occurred, are covered under this category of damages. Burial expenses are also included in survival claims.
In Texas, wrongful death lawsuits must be filed within two (2) years of the decedent’s death. Wrongful death lawsuits are often difficult and complex. It is always best to consult with an attorney knowledgeable and experienced in wrongful death cases as soon as possible to properly pursue the claim before the deadline.
Contact Dallas wrongful death attorney David Ragsdale for information and questions about this type of case.
DALLAS PERSONAL INJURY LAWYER • CAR ACCIDENT ATTORNEY
Our law firm handles all types of injury cases including auto accidents, 18-wheeler truck accidents, motorcycle accidents, drunk driver accidents, slip and fall accidents, construction accidents, spine injuries, brain injuries, defective product injuries, aviation accident injuries, burn and electrocution accidents, food poisoning, dog attack injuries, wrongful death cases, and other types of injury cases.
If you were injured, due to the fault of someone else, you should discuss your case with an experienced Dallas personal injury attorney. Our commitment to our clients is to handle their cases at the highest levels or integrity and legal ability. Our goal to to obtain the best possible settlement or court judgment for our clients.
Call the Ragsdale Law Firm today for a free consultation about your case. We will come to your home, hospital room, or workplace.
OFFICE TEL. 972-502-9096
FAX 972-674-2934
EMAIL: attorney@ragsdalefirm.com
RAGSDALE LAW FIRM, 17480 Dallas Parkway, Suite 108, Dallas, Texas 75287
David Ragsdale is a member of the State Bar of Texas, Dallas Trial Lawyers Association, Dallas Bar Association, National Trial Lawyers, and the Christian Legal Society.
Our injury law firm serves all cities and communities in the Dallas/Fort Worth metropolitan area and Texas.
