A Wrongful Death Attorney Helping Your Family Seek Justice In Dallas-Fort Worth Metroplex
Losing a family member unexpectedly can be incredibly difficult. It is even more devastating when their death could have been prevented if it were not for a distracted driver, an unsafe property condition or a professional’s mistake.
If you are grappling with the death of a loved one due to the negligence of another person or entity, know that there are ways to seek justice. Texas’ wrongful death laws provide a way for families to hold responsible parties accountable.
My name is Rob Henry, and I understand the profound impact of such a loss. With over 15 years of experience practicing personal injury law in the Dallas-Fort Worth metroplex area, I am here to provide the dedicated legal support you need. As your wrongful death attorney, I will diligently investigate your case, identify at-fault parties and pursue the fullest compensation possible under Texas law.
Filing A Wrongful Death Claim In Texas
A “wrongful death” occurs when someone passes away due to another person’s carelessness, mistake or wrongful act. This could involve anything from a serious car accident to a medical error or an unsafe property condition.
When you pursue a wrongful death claim, you are seeking financial recovery for your family’s losses. This compensation, often called “damages,” typically falls into two main types:
- Financial losses (economic damages): These cover the measurable impacts of your loved one’s death, such as the income and financial support they would have provided, the medical bills incurred due to the fatal injury before their passing, and funeral and burial expenses
- Emotional and personal losses (noneconomic damages): These damages address the profound, nonfinancial consequences of losing your loved one, such as the loss of their companionship, the deep grief and emotional suffering your family experiences, and the loss of their guidance and comfort in your daily lives
In some cases, the court may award additional damages – called punitive damages – if the death resulted from extreme carelessness or deliberate harmful behavior. These are not meant to compensate you for your loss, but rather to discourage similar actions in the future.
Under Texas law, specific family members may seek justice and compensation for their loved one’s wrongful death. This includes the surviving spouse, children and parents of the person who passed away. However, they only have two years from the date of their loved one’s death to file a claim.
Types Of Wrongful Death Cases I Handle
Wrongful death cases are rarely straightforward. Depending on the factors surrounding the accident, they may involve complicated laws, detailed investigations, and negotiations with insurance companies or opposing legal teams. Having an experienced attorney by your side means you don’t have to face these challenges alone.
In my practice, I represent families in a wide range of wrongful death cases, including:
- Auto accidents: Tragic events on the road, often caused by distracted driving, speeding or reckless behavior, leading to fatal injuries
- Oil and gas accidents: Texas’s energy industry can involve serious dangers, and accidents due to negligence in these environments can have catastrophic outcomes
- Construction accidents: Unsafe job sites or a failure to follow crucial safety measures can result in fatal falls, equipment malfunctions or other tragic incidents
- Pedestrian accidents: When drivers fail to pay attention or obey traffic laws, pedestrians, cyclists or others outside of vehicles are extremely vulnerable to fatal collisions
- Premises liability: Accidents occurring on someone else’s property due to dangerous conditions, such as poorly maintained surfaces or unaddressed hazards
- Dog bites or animal attacks: Fatal attacks can happen when owners fail to properly control aggressive animals, leading to severe injuries or death
- Defective products: When a death results from a faulty or unsafe product, one can hold manufacturers and distributors accountable for failing to ensure consumer safety
- Medical malpractice: Fatal errors in medical care, including misdiagnosis, surgical mistakes, medication errors or a failure to provide proper treatment
I work closely with each client to understand their unique situation. My hands-on approach ensures that every piece of evidence is gathered and analyzed, from accident reports and medical records to witness statements and testimony. As your wrongful death attorney, I will identify all negligent parties and accurately calculate the full extent of your family’s losses. I will also negotiate with insurance companies on your behalf, ensuring that you get the compensation you deserve.
Frequently Asked Questions About Wrongful Death Claims In Texas
If you wrongfully suffered the loss of a loved one, you can speak to an attorney. Here are some answers to questions you may have:
How do I prove negligence in a wrongful death case?
To prove negligence in a wrongful death case, a claim must establish four key elements:
- Duty of care: The defendant had a legal responsibility to prevent harm to others.
- Breach of duty: The defendant neglected their duty of care.
- Causation: The defendant’s breach of duty led to a person’s death.
- Damages: Surviving family members suffered losses because of the person’s death.
If these elements can be proven, surviving family members may be entitled to compensation.
Can a wrongful death claim be settled out of court, and what are the benefits of doing so?
Yes. Litigating a wrongful death claim in court can be expensive and time-consuming. A wrongful death claim may not be settled for years, and surviving family members may not be satisfied with the final judgment.
Settling a wrongful death claim outside of court can give surviving family members a faster resolution, avoid court costs, protect the privacy of the parties involved and help guarantee survivors receive a fair settlement. Having an experienced attorney can help when negotiating a wrongful death settlement.
What is the statute of limitations for wrongful death claims in Texas?
A “statute of limitations” refers to the amount of time a person has to file a legal claim. In Texas, the deadline to file a wrongful death claim is typically two years from the date of the victim’s passing. However, there are a few exceptions to this deadline involving minor survivors and fraud.
Can grandparents or siblings file wrongful death claims in Texas?
No. Per Texas Civil Practice and Remedies Code Section 71.001, only a deceased individual’s surviving spouse, children and parents may file a wrongful death claim. One party may file on behalf of all the parties listed above. If no party listed above takes action within three months, then the personal representative of the deceased’s estate may be permitted to do so.
Seek Justice With Rob Henry Attorney At Law Today
Nothing can make up for the loss of your loved one. However, taking legal action can be a crucial step toward finding closure and securing your family’s future. When you are ready to explore your options with an experienced wrongful death attorney, contact my Dallas-Fort Worth metroplex office at 817-591-2738 or send me your questions and concerns through my online form. I also offer free initial phone consultations.