Midlothian Wrongful Death Attorney | Wrongful Death Lawyer in Midlothian, TX
Table of Contents
A Midlothian wrongful death lawyer at Allbee Law Firm helps families in Midlothian, TX hold the person or company responsible for a loved one’s death accountable and recover compensation for lost income, funeral costs, and the emotional loss that follows. Under Texas law, the surviving spouse, children, and parents of someone killed due to the negligence of another person or company can file a wrongful death claim, generally within two years of the date of death.
No amount of money can replace a family member, and no family should have to fight an insurance company while they are grieving. Allbee Law Firm handles wrongful death cases throughout Midlothian and Ellis County on a contingency fee basis, so there is no upfront cost and no attorney fee unless we recover compensation for your family. Our Midlothian wrongful death lawyers can help you understand your rights and what a claim may be worth during a free consultation.
How a Midlothian Wrongful Death Lawyer Helps Your Family
After a fatal crash, the at-fault driver’s insurance company starts protecting its own interests right away. Adjusters may reach out to grieving family members within days, asking for recorded statements or offering a quick settlement before anyone understands the full value of the claim. An experienced wrongful death attorney steps in to handle those conversations, so your family’s words are not used to reduce what the case is worth.
A wrongful death lawyer also brings the resources needed to prove what happened. The person who could best explain the crash is no longer here to tell their side of the story, which makes evidence even more important in a wrongful death case than in a typical personal injury case.
What Our Wrongful Death Attorneys Handle for You
When your family hires Allbee Law Firm, our wrongful death attorneys take on the legal work so you can focus on each other. That includes:
- Investigating the crash and working to gather evidence such as police reports, witness statements, photos, and video footage
- Sending preservation letters to trucking companies and other businesses before critical records are lost
- Working with accident reconstruction specialists and economic experts to prove fault and calculate the full value of the loss
- Identifying every insurance policy that may apply to the claim
- Handling all communication with insurance companies on your family’s behalf
- Negotiating a settlement or taking the case to court if a fair offer is not made
What Counts as a Wrongful Death Under Texas Law
The Texas Wrongful Death Act allows certain family members to file a claim when a person dies because of another party’s wrongful act, neglect, carelessness, or default. In plain terms, if your loved one would have had a valid personal injury claim had they survived, your family likely has a wrongful death claim now that they have not.
Most wrongful death claims are based on negligence, which means someone failed to act with reasonable care. A driver who runs a red light while texting, a trucking company that pushes a driver past federal hours of service limits, or a dog owner who ignores a known aggressive animal can all be held responsible when that carelessness leads to a fatal injury.
Wrongful Death Cases Our Midlothian Attorneys Handle
Allbee Law Firm focuses on fatal accidents that happen on the road and in the community, including:
- Car accidents: Head-on collisions, T-bone crashes at intersections, and high-speed car wrecks on US-287 and US-67
- Truck accidents: Fatal crashes involving 18-wheelers, dump trucks, and the heavy commercial vehicles serving Midlothian’s cement and steel plants
- Motorcycle accidents: Crashes caused by drivers who fail to see riders or turn left in front of them
- Pedestrian accidents: Deaths caused by drivers in parking lots, crosswalks, and neighborhood streets
- Bike accidents: Cyclists struck by distracted or careless drivers
- Rideshare accidents: Fatal crashes involving Uber and Lyft drivers or passengers
- Dog attacks: Fatal dog bites, whether the dog attack happened in public or on someone else’s property
A truck accident often raises the most complicated questions, because the trucking company, a maintenance contractor, or a cargo loading company may share responsibility with the driver. Our injury lawyers look at every party that may have contributed to the crash.
Who Can File a Wrongful Death Claim in Midlothian, TX
Texas law limits who can bring a wrongful death claim. Only the following family members are eligible:
- The surviving spouse
- The children of the deceased, including adult children and adopted children
- The parents of the deceased, including adoptive parents
These family members can file together or separately, and one person can bring the claim on behalf of all eligible family members. Siblings, grandparents, and other relatives cannot bring a wrongful death claim under Texas law, even if they were very close to the person who died.
When the Estate Can File Instead
If none of the eligible family members files a wrongful death lawsuit within three months of the death, the executor or administrator of the estate may file the claim on their behalf, unless all eligible family members ask that no claim be filed. This rule is one more reason to speak with a wrongful death attorney early, so your family stays in control of the case.
Wrongful Death Claims vs. Survival Claims in Texas
Many families do not realize that a fatal accident can give rise to two separate claims under Texas law.
A wrongful death claim compensates the surviving spouse, children, and parents for their own losses, such as lost financial support and the loss of their loved one’s companionship.
A survival claim is brought on behalf of the person who died. It allows the estate to recover the damages your loved one could have pursued had they lived, including medical bills from the time between the injury and death, the conscious pain and suffering they experienced before passing, and funeral and burial expenses.
Your Midlothian wrongful death lawyer can evaluate whether both claims apply and pursue them together, which helps make sure your family does not leave compensation on the table.
Compensation Available in a Midlothian Wrongful Death Lawsuit
The value of a wrongful death lawsuit depends on the age and earning history of the person who died, their relationship with each family member, and the circumstances of the crash. Compensation may be available in several categories.
Damages for Surviving Family Members
Family members who bring a wrongful death claim may recover:
- Lost earnings and financial support the deceased would have provided
- Loss of household services, care, and guidance
- Loss of companionship, love, and emotional support
- Mental anguish and emotional pain caused by the death
- Loss of inheritance the family would likely have received
Damages Recovered Through the Estate
A survival claim may recover medical expenses, funeral and burial costs, and compensation for the pain and suffering your loved one experienced before death.
Exemplary Damages for Gross Negligence
When a death is caused by gross negligence or a willful act, such as a drunk driver or a trucking company that knowingly puts an unsafe driver on the road, Texas law may allow exemplary damages (also called punitive damages). These damages are meant to punish the wrongdoer, and Texas places caps and specific rules on how they are awarded and which family members can receive them.
Texas Wrongful Death Laws Families Should Know
A few Texas rules can significantly affect whether your family recovers compensation and how much.
Statute of Limitations for Wrongful Death Cases
In most cases, families have two years from the date of death to file a wrongful death lawsuit in Texas. Missing that deadline can permanently bar the claim. Evidence also disappears quickly after a crash, so the sooner an attorney can begin investigating, the stronger the case tends to be.
Claims Involving Government Vehicles or Employees
If a city vehicle, county vehicle, or other government employee caused the crash, much shorter deadlines may apply. The Texas Tort Claims Act generally requires written notice of a claim within six months, and some cities set even shorter notice periods. A family that waits could lose the right to recover before they ever speak with a Midlothian personal injury lawyer.
Comparative Negligence in Texas Wrongful Death Claims
Texas follows a modified comparative negligence rule. If the person who died is found partly at fault for the crash, the family’s recovery is reduced by that percentage of fault. If they are found more than 50 percent responsible, the family cannot recover at all. Insurance companies know this rule well and often try to shift blame onto the person who can no longer defend themselves, which is why a strong investigation matters from the start.
Dealing With Insurance Companies After the Death of a Loved One
Insurance companies are businesses, and their goal is to pay as little as possible on every claim. After a fatal crash, an adjuster may sound sympathetic while asking questions designed to limit what the company pays, or may offer a settlement that looks significant but falls far short of your family’s actual losses.
Allbee Law Firm handles all communication with insurance companies, including the at-fault driver’s carrier and any other insurers involved in the claim. Letting our wrongful death attorneys manage those conversations protects your family from recorded statements that can be taken out of context later if the case goes to litigation. Before you sign anything or answer questions from any insurance company, speak with an attorney in Midlothian who represents your family, not the insurer.
Why Choose Allbee Law Firm as Your Midlothian Wrongful Death Attorney
Allbee Law Firm is a personal injury law firm built around one mission: standing up for injury victims and their families against insurance companies that are focused on protecting their bottom line. When a family loses someone because of another person’s carelessness, Allbee Law Firm offers the compassion, attention, and determination needed to pursue justice and compensation for that loss.
Our Midlothian personal injury lawyer team also handles car accident, truck accident, motorcycle accident, bike accident, pedestrian accident, rideshare accident, and dog bite claims, so we understand how fatal accidents happen and how to prove who is responsible. Every family works directly with our attorneys, receives regular updates, and never pays an upfront fee. The firm represents clients throughout Midlothian and the surrounding Ellis County area, meeting families by phone, by video, or in person, whichever is easiest for you. Families searching for wrongful death lawyers in Midlothian can count on the same personal injury lawyer in Midlothian standing beside them from the first call to the final resolution.
Contact Our Midlothian Wrongful Death Lawyers Today
If your family lost a loved one because of someone else’s negligence, you do not have to face the legal process alone. Our Midlothian wrongful death lawyers can review what happened, explain your family’s legal options, and help you seek the best possible outcome while you focus on healing. There is no cost to talk with us, and you owe nothing unless we recover compensation for your family.
Call us today at (972) 848-4848 for a free consultation with a Midlothian wrongful death attorney at Allbee Law Firm.
Frequently Asked Questions About Midlothian Wrongful Death Claims
How much does it cost to hire a Midlothian wrongful death lawyer?
Nothing upfront. Allbee Law Firm handles wrongful death cases on a contingency fee basis, which means there is no cost to start a case and no attorney fee unless the case results in a settlement or verdict.
How long do I have to file a wrongful death lawsuit in Texas?
In most cases, families have two years from the date of death to file a wrongful death lawsuit in Texas. Claims involving a government vehicle or employee may require written notice within six months or less, so it is important to speak with an attorney as soon as possible.
Who can file a wrongful death claim in Texas?
Only the surviving spouse, children, and parents of the person who died can file a wrongful death claim in Texas. If none of them files within three months of the death, the executor or administrator of the estate may file the claim unless all eligible family members ask that it not be filed.
Can a brother, sister, or grandparent file a wrongful death claim in Texas?
No. Texas law does not allow siblings, grandparents, or other relatives to bring a wrongful death claim. However, a family member serving as the executor or administrator of the estate may be able to pursue a survival claim on behalf of the estate.
How much is a wrongful death case worth in Texas?
Every case is different. The value depends on factors such as the age and earnings of the person who died, their relationship with surviving family members, medical and funeral expenses, the available insurance coverage, and whether gross negligence was involved. A wrongful death attorney can estimate the value of your family’s claim after reviewing the facts.