Wrongful Death Attorney: Fighting for Families After Tragedy
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Losing a loved one is one of life’s most painful experiences, and the heartbreak is even greater when it’s caused by someone else’s carelessness or recklessness. If you’ve experienced this kind of loss, working with an experienced wrongful death attorney can help you seek justice, hold the responsible parties accountable, and recover the compensation your family deserves.
At Allbee Law Firm, we guide families through every step of the legal process with compassion and determination. We offer free, no-obligation consultations to help you understand your options and determine the best path forward. Call (972) 848-4848 to speak with one of our wrongful death lawyers.
Understanding Wrongful Death and How It Happens
What Is a Wrongful Death?
A wrongful death occurs when someone’s negligence or intentional misconduct causes another person’s death. It can result from a car accident, medical error, workplace incident, defective product, or criminal act. Unlike criminal cases that punish wrongdoing, a wrongful death claim is a civil action seeking financial compensation for the survivors. Our law firm investigates the circumstances surrounding your loved one’s death, determines whether negligence or a wrongful act occurred, and explains your legal options.
Common Causes of Wrongful Death
Wrongful deaths can arise from many situations. Common causes include:
Motor vehicle accidents – Car, truck, or motorcycle crashes caused by distracted driving, speeding, drunk driving, or defective vehicle parts.
Workplace accidents – Construction accidents, industrial equipment failures, or inadequate safety measures.
Defective products – Dangerous consumer products, unsafe pharmaceuticals, or faulty machinery that cause fatal injuries.
Criminal actions – Assault, homicide, or other violent acts resulting in death can lead families to file a wrongful death lawsuit.
Identifying the cause of your loved one’s death is a critical first step in determining who may be liable and what damages you can seek.
Who Can File a Wrongful Death Claim?
Eligible Family Members
Texas law limits who can bring a wrongful death claim. Typically, the following people may file:
Spouse of the deceased – Current legal spouse at the time of death.
Children of the deceased – Biological and legally adopted children, including adult children.
Parents of the deceased – Biological or adoptive parents, including adoptive parents of adult children.
If none of these family members file a claim within three months of the death, the personal representative of the estate (also called an executor) may file on behalf of the estate. Siblings and other relatives cannot bring a wrongful death action in Texas. Understanding who is eligible ensures the claim is filed correctly and within the statute of limitations.
Survival Actions vs. Wrongful Death Claims
Survival actions and wrongful death claims often arise from the same event but serve different purposes. A survival action allows the estate to recover damages that the deceased would have been entitled to claim had they lived. This includes medical expenses incurred before death, pain and suffering, and property damage.
A wrongful death claim compensates surviving family members for their losses—such as emotional suffering, loss of financial support, and loss of companionship. Both types of claims may be pursued simultaneously, and our wrongful death attorneys can explain how they work together.
What Damages Are Available in a Wrongful Death Lawsuit?
Economic Damages
Economic damages compensate families for financial losses resulting from the death. They include:
Loss of financial support – Income and benefits the deceased would have provided, such as wages, retirement contributions, and health insurance, are considered when families file a wrongful death lawsuit.
Medical expenses – Costs for treatment, hospital stays, and medications incurred before death.
Funeral and burial expenses – Costs of funeral services, burial, cremation, and memorials.
Loss of inheritance – Future assets the deceased would have accumulated and passed to heirs.
These damages aim to make survivors whole by covering quantifiable financial losses.
Non-Economic Damages
Non-economic damages compensate for intangible losses that do not have a direct monetary value. They include:
Loss of companionship and consortium – Emotional support, love, and companionship that the deceased would have provided.
Mental anguish – Emotional pain, grief, and suffering of family members experienced after the death of a loved one
Loss of guidance – Support, advice, and nurturing that a parent or spouse would have offered.
These damages acknowledge the profound personal impact of losing a loved one. Our wrongful death lawyers work closely with families to assess the impact of the death on their lives and present this information to insurers or juries.
Punitive Damages
In rare cases, punitive damages may be awarded to punish the wrongdoer for egregious misconduct and deter similar behavior. To obtain punitive damages, you must prove that the defendant acted with gross negligence or malice. We evaluate whether punitive damages apply based on the facts of your case.
How to Prove Wrongful Death
Establishing Negligence or Wrongful Conduct
To succeed in a wrongful death claim, you must prove that the defendant’s negligence or intentional act caused the death. This involves demonstrating:
Duty of care – The defendant owed a duty to the deceased (e.g., drivers must operate vehicles safely and responsibly).
Breach of duty – The defendant breached that duty through careless or reckless behavior.
Causation – The breach significantly contributed to or caused your loved one’s death.
Damages – Family members suffered financial and emotional losses as a result.
Our personal injury attorneys gather evidence—such as accident reports, witness statements, medical records, and expert testimony—to establish these elements. We work with accident reconstruction specialists, engineers, and medical experts to build a compelling case.
Investigating the Cause of Death
A thorough investigation is vital. Our team examines:
Accident scenes – Photographs, skid marks, and vehicle damage reveal how a crash occurred.
Medical records – Show the extent of injuries and whether medical negligence occurred.
Workplace logs – Serve as vital evidence in personal injury cases involving a wrongful death. They help determine compliance with safety regulations.
Product documentation – Identify defects in design or manufacturing.
Witness statements – Provide firsthand accounts of events leading to the death.
We act quickly to preserve evidence and ensure critical information is not lost. Our attorneys also issue spoliation letters to prevent companies from destroying records.
Why Hire a Wrongful Death Lawyer?
Experience and Resources
Wrongful death cases can be complex. A lawyer helps by:
Navigating legal procedures – Ensuring paperwork is filed correctly, within deadlines, and following court rules.
Understanding Texas law – Texas has specific statutes governing who can file, the types of damages available, and the applicable time limits.
Accessing experts – We work with investigators, accident reconstruction specialists, and medical experts.
Negotiating with insurers – Insurance companies often try to minimize payouts. Our wrongful death lawyers know how to counter low offers and effectively handle settlement negotiations.
Litigating when necessary – If a fair settlement isn’t offered, we’re prepared to take the case to trial.
Hiring a personal injury attorney relieves the family of handling legal matters during a time of grief and increases the likelihood of obtaining full compensation.
Contingency Fee Arrangements
Our firm operates on a contingency fee basis, meaning you pay no fees unless we successfully recover compensation on your behalf. This arrangement allows families to pursue justice without worrying about upfront legal costs in handling wrongful death claims. During a free consultation, we explain how contingency fees work and answer your questions.
Compassionate Support
Losing a loved one is emotionally challenging. Our personal injury lawyers understand what you are going through and provide compassionate support. We listen to your story, answer your questions, and keep you updated at every stage. We also collaborate with grief counselors and support groups to help families cope with loss.
Consult With A Wrongful Death Attorney Today
Key Steps After a Loved One’s Wrongful Death
Obtain a Death Certificate and Autopsy Report
These documents are essential for proving the cause of death and filing insurance claims. The death certificate identifies the official cause of death, while an autopsy report may reveal more details about injuries. Obtaining these records early helps our investigation.
Identify Potential Defendants
Defendants may include individuals (e.g., negligent drivers), businesses (e.g., trucking companies), medical providers, or manufacturers. We evaluate who had a duty of care to the deceased and identify all potential defendants. This ensures that all responsible parties are held accountable for their actions that led to a family member’s death.
Preserve Evidence
Evidence can deteriorate or disappear. Preserve the following:
Documents – Police reports, medical records, and correspondence with insurers.
Photographs – Pictures of the accident scene, injuries, and property damage.
Items – Defective products or equipment involved in the death can lead to grounds for a personal injury lawsuit.
Witness information – Names and contact details of people who witnessed the incident.
We send spoliation letters to defendants to preserve evidence. Acting quickly helps build a stronger case.
Contact a Wrongful Death Attorney
Consulting an attorney as soon as possible allows us to start investigating, handle communications, and advise you on your rights. We answer your questions, explain the claims process, and help you understand what compensation may be available to you.
Statute of Limitations for Wrongful Death Claims
In Texas, families generally have two years from the date of death to file a wrongful death claim. Missing this deadline can bar your right to compensation. There are limited exceptions, such as for minors who may have additional time once they reach adulthood. It’s crucial to speak with a wrongful death attorney promptly to ensure you meet all deadlines. Other states have different statutes of limitations, so it’s essential to verify the rules where the death occurred.
Differences Between Criminal Cases and Wrongful Death Lawsuits
Burden of Proof
Criminal cases require proof beyond a reasonable doubt, which is a high standard. Wrongful death lawsuits use a lower standard—preponderance of the evidence—meaning it is more likely than not that the defendant’s actions caused the death. This difference allows families to seek civil justice even when criminal charges are not filed or do not result in a conviction.
Purpose and Outcomes
Criminal cases punish offenders and protect society, often resulting in jail time or fines paid to the state. Wrongful death claims aim to compensate family members for their losses. They provide financial relief for economic and non-economic damages and hold wrongdoers accountable in civil court.
Dual Proceedings
It’s possible to have both criminal and civil cases arising from the same incident. For example, if a drunk driver causes a fatal crash, they may face criminal charges and a wrongful death lawsuit. Our attorneys work alongside criminal prosecutors when necessary to gather evidence and coordinate efforts.
How Settlements in Wrongful Death Cases Are Distributed
Allocation Among Family Members
Once a settlement or jury verdict is obtained, Texas law governs the distribution of the proceeds among eligible family members. Typically, spouses, children, and parents receive shares based on their financial and emotional losses. Factors considered include:
Relationship to the deceased – Spouses often receive a significant portion for loss of companionship and financial support.
Dependence on the deceased – Minor children and dependent parents may receive larger shares.
Age and life expectancy – Younger survivors may receive more due to longer projected losses.
If the family cannot agree on distribution, the court may decide. Our attorneys advise families on equitable distribution and help prevent disputes from arising.
Estate and Probate Considerations
Damages recovered through a survival action become part of the deceased’s estate and are subject to probate. In some situations, wrongful death damages can go directly to family members and are not subject to the estate’s debts. Our firm works with probate attorneys to ensure proper handling of these funds and compliance with estate laws.
Speak With Our Wrongful Death Attorneys Today
If you’ve lost a loved one due to someone else’s negligence, you don’t have to navigate the legal process alone. Contact Allbee Law Firm for a free consultation. We’ll listen to your story, explain your rights, and develop a strategy to pursue justice on behalf of your family. Our experienced wrongful death attorneys understand the emotional and financial toll of losing a family member. We’re committed to fighting for the compensation you deserve and holding the responsible parties accountable.
Call (972) 848-4848 or visit our website to schedule a free consultation. We’re here to help you heal and secure the financial support your family needs.
Wrongful Death Lawyer FAQs
Can I File a Wrongful Death Claim for a Child or Elderly Relative?
Yes. Wrongful death claims may be filed for victims of any age. Damages may differ depending on the deceased’s age and financial circumstances, but the right to pursue a wrongful death case exists regardless of age. Even for elderly relatives who were not earning income, families can seek compensation for loss of companionship and emotional anguish.
How Long Do Wrongful Death Cases Take?
The duration depends on the complexity of the case, the number of defendants, and the willingness of insurers to settle. Some cases settle within months, while others take years, especially if they proceed to trial. We strive for a timely resolution while ensuring full compensation.
How Is the Value of a Wrongful Death Claim Determined?
Value depends on factors such as the deceased’s age, income, education, life expectancy, medical expenses, and the emotional suffering of the survivors. We work with economists, actuaries, and medical experts to calculate damages and present a compelling case for compensation.
Do I Need a Lawyer to File a Wrongful Death Claim?
Technically, you can file without a personal injury lawyer, but wrongful death cases are complex, and insurance companies have skilled legal teams. Having a wrongful death attorney increases your chances of proving liability, calculating damages accurately, and securing fair compensation.
What If the Deceased Was Partially at Fault?
Texas follows a modified comparative negligence rule. If the deceased was partly responsible, damages may be reduced by their percentage of fault. However, if their fault exceeds 50%, the family may be barred from recovery. We evaluate fault and advocate to minimize any blame placed on your loved one.