Dallas is a modern metropolis located in north Texas. The city has a rich history; it was and still is a commercial and cultural hub. With over 1,000,000 people residing here, it is the 3rd most populous city in the state.
With so many people residing in Dallas, there is surely a significant number of people who die every day.
Losing a loved one is heartbreaking, especially when their death could have been prevented. In Texas, families who have lost someone due to another person’s negligence or wrongful act may have the right to file a wrongful death claim. This legal process can be overwhelming, but with the right guidance, it can also be a path toward justice and financial relief.
If you’re in Dallas or any part of Texas, understanding your rights and the steps to take is crucial, and working with an experienced Dallas wrongful death attorney can make all the difference.
What Qualifies as a Wrongful Death in Texas?
A wrongful death in Texas occurs when someone dies due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. Common examples include fatal car accidents, medical malpractice, workplace incidents, and even criminal acts.
In cities like Dallas, where fast-paced urban life and heavy traffic often contribute to serious accidents, wrongful death cases are unfortunately not uncommon. This is why consulting a knowledgeable wrongful death attorney early on can help ensure your case is on the right track from the start.
Who Can File a Wrongful Death Claim?
Under Texas law, only certain family members are eligible to file a wrongful death claim. This includes:
- The surviving spouse
- Children (including legally adopted children)
- Parents of the deceased
The Steps to Filing a Wrongful Death Claim
Filing a wrongful death claim involves several steps. Here’s a simplified guide:
- Speak With a Lawyer
This is the most important step. Wrongful death laws can be complex, and deadlines matter. A Texas wrongful death lawyer will walk you through the process, assess the strength of your case, and help gather evidence. Many law firms in Dallas offer free consultations, so there’s no risk in reaching out.
- Investigate and Gather Evidence
Your attorney will collect documents, witness statements, medical reports, police records, and other key pieces of evidence. This stage is critical to prove that negligence or misconduct directly caused your loved one’s death.
- File the Claim
Once enough evidence is collected, your lawyer will file a wrongful death lawsuit on your behalf. This filing must be done within two years of the person’s death, according to Texas’s statute of limitations.
- Negotiate or Go to Trial
Many wrongful death claims are settled out of court, especially when the evidence is strong. However, if the responsible party refuses to offer fair compensation, your attorney may take the case to trial to fight for justice.
Final Thoughts
The loss of a loved one leaves a void that no amount of money can fill. But filing a wrongful death claim can hold the responsible party accountable and help ease the financial burden that often follows a tragic death. If you’re in the Dallas area and need help understanding your legal options, a compassionate wrongful death attorney can guide you every step of the way.
You don’t have to face this alone—legal help is available, and justice is worth pursuing.
