Wrongful Death Lawyers

If you’re facing serious injuries in or Texas due to another person’s or corporation’s negligence, recklessness, dangerous actions, car or truck accident, or faulty products, it’s crucial to get legal representation from Dunham & Jones, the Trusted Texas Personal Injury Attorneys. Dunham & Jones can help you recover compensation for medical costs, income losses, pain, suffering, and other damages through a meticulously crafted personal injury or wrongful death claim in Texas. Call 888-222-9746 now for your free injury case review and discuss your case in detail.

Wrongful Death Lawyers Dunham & Jones. If you have lost a family member due to the negligence of another party, consulting a wrongful death attorney is crucial. An attorney can offer a free case review to help you determine the best course of action to hold the responsible party accountable. Legal representation can significantly increase your chances of a positive outcome, as insurance companies and other parties respect the experience and track record of your lawyer.

Contact our lawyers at the Dunham & Jones, Attorneys at Law today to schedule your free initial consultation. We are ready to examine the details of your case and help you explore your legal options.

Why Select Dunham & Jones, Attorneys at Law?

At Dunham & Jones, Attorneys at Law we treat our clients like family. You will be in frequent contact with your wrongful death lawyer throughout your case and will never be left in the dark about the progress.

We are among the most powerful personal injury lawyers with offices across the state. You won’t pay anything for our services unless you win your case. Our injury lawyers operate on a contingency fee basis, ensuring that you have access to quality legal representation without any upfront costs.

Wrongful Death Lawyer Helps Get Justice

When an individual passes away, they can no longer have their day in court. However, you may be able to seek justice for your loved one who died unnecessarily. As long as you file your case within two years, Texas law allows you to seek compensation and other relief to help make you or other affected parties whole again. Hiring a qualified wrongful death attorney can simplify the legal process for you and your family during this difficult time.

A wrongful death attorney can help you navigate the state’s specific laws, including filing deadlines and other important legal requirements. Your lawyer will investigate the fatal incident, search for signs of negligence, and negotiate for maximum financial compensation on your behalf.

What is Wrongful Death?

While the civil tort of wrongful death has similar definitions across the nation, each state has its own specific statute. In Texas, the Civil Practice and Remedies Code Section 71.002 defines wrongful death as “a loss of life caused by another person’s wrongful act, neglect, carelessness, unskillfulness, or default (omission)”. Generally, if a reasonable and prudent party would have likely prevented your loved one’s fatal injury or illness under the same or similar circumstances, you have grounds to file a wrongful death claim.

Wrongful Death Cases & Proving Negligence

The passing of an individual doesn’t automatically imply fault or intent. If a death is ruled accidental, you or other family members may not be entitled to compensation or other relief as allowed by law. Therefore, it’s crucial for your attorney to prove that negligence was the primary reason for your loved one’s passing.

Negligence occurs when someone makes a decision not supported by facts, experience, or available tools to remedy a situation. For example, if a doctor fails to operate after a car accident, they may be deemed negligent if the patient was brought to a hospital with the proper tools for the procedure. However, the doctor might not be considered negligent if they lacked the necessary experience to perform the surgery or were stranded on the side of the road without the required tools.

An attorney will examine various records to determine if different actions might have altered the outcome of your case. This might involve reviewing the events leading up to a car accident or a misdiagnosis that resulted in death. It may also include evaluating an individual’s medical records to see if they received proper treatment or if they were denied treatment that could have prevented their death.

Common Wrongful Death Claims

A family can file a wrongful death lawsuit after many different types of preventable fatal accidents. At Dunham & Jones, Attorneys at Law, our wrongful death attorneys have years of experience handling a variety of cases for clients. We understand this practice area and know how to litigate the most common wrongful death cases, including:

• Motor vehicle accidents
• Big rig truck accidents
• Motorcycle accidents
• Bicycle and pedestrian accidents
• Bus accidents
• Train and railroad accidents
• Multi-Vehicle collisions
• Dangerous products and pharmaceuticals
• Workplace accidents
• Construction accidents
• Industrial disasters
• Structural collapses
• Acts of violence

Call Dunham & Jones at 888-222-9746 to schedule a free consultation with an injury attorney and learn how we can help you with your Wrongful Death case. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.

What Damages Can a Wrongful Death Lawyer Pursue?

You may be entitled to compensation to cover your deceased family member’s final expenses, including hospital bills and funeral costs. Additionally, compensation may be sought to pay off a mortgage, credit card debt, or other expenses the individual owed, reducing the financial burden on the next of kin.

A wrongful death attorney will vigorously pursue compensation on behalf of their client. Wrongful death beneficiaries are allowed to seek various types of damages, including those typically associated with personal injury claims, as well as:

• Damages for the loss to the estate
• Loss of a familial relationship
• Financial losses directly affecting immediate family members

Our injury lawyers are dedicated to ensuring you receive the compensation you deserve to help you navigate this difficult time.

Common Types of Damages for a Wrongful Death Claim

When pursuing a wrongful death claim, several types of damages can be sought to compensate for the loss and suffering experienced by the family. These damages aim to provide financial relief and acknowledge the profound impact of the loss on the family’s lives and may include:

• Lost Earning Capacity: Compensation for the income the deceased would have reasonably been expected to earn throughout their lifetime.
• Household Services: The reasonable value of household services the deceased would have provided to assist their family had they survived.
• Loss of Companionship: Compensation for the companionship, society, love, counsel, and emotional support the deceased would have provided to their family.
• Mental Anguish: Damages for the suffering the family has to endure due to losing their loved one.
• Loss of Inheritance: The value of any assets the descendants would have reasonably anticipated receiving had their loved one lived a full life.

Factors Affecting Compensation in a Wrongful Death Claim

There is no predetermined amount of compensation paid to families if a wrongful death claim is successful. Instead, several factors are examined to adequately calculate the amount of compensation. These factors help ensure that the compensation reflects the true extent of the loss and provides adequate financial support to the deceased’s family and may include:

• Age, Education Level, and Occupation of the Deceased: These elements influence the deceased’s earning potential and the value of their contributions to the family.
• Past Earnings and Future Earning Potential: Compensation is often based on what the deceased would have reasonably earned in the future.
• Shared Fault for the Incident: If there was any shared fault for the incident, it could impact the amount of compensation awarded.
• Insurance Limitations of the At-Fault Party: The insurance coverage available can affect the total compensation recoverable.
• Total Assets of the At-Fault Party: The financial resources of the at-fault party may also play a role in determining the compensation amount.

Other Forms of Compensation in a Wrongful Death Claim

Depending on the facts and circumstances of your case, other forms of compensation may be available. While there is no guarantee of any particular outcome, your wrongful death attorney will work with you to determine what compensation you may be entitled to in your specific case.

A skilled injury lawyer handling a wrongful death claim will collaborate with trusted financial and economic experts to help calculate the total amounts of compensation. They will then negotiate with the insurance carriers and other parties involved to secure a fair settlement.

Your attorney’s goal is to ensure you receive the maximum compensation possible to support you and your family during this challenging time.

What Are the Differences Between Economic, Non-Economic, & Punitive Damages?

Understanding the differences between economic, non-economic, and punitive damages can be crucial in a wrongful death trial. Here’s a breakdown:

Economic Damages

Economic damages are the more calculable losses that a family and the estate will endure as a result of the death. These are tangible losses that can be easily quantified using bills, receipts, or invoices. Examples include:

• Medical bills
• Funeral and burial expenses
• Lost wages
• Any other expense that can be documented financially

Non-Economic Damages

Non-economic damages refer to the more intangible losses the family is likely to endure due to the death. These losses do not have direct bills or receipts attached to them and are more subjective. Examples include:

• Pain and suffering and mental anguish of the deceased
• Loss of counsel and emotional support
• Loss of companionship and consortium (intimate relations) for a spouse or partner

Punitive Damages

Punitive damages are not sought in every wrongful death claim. These damages are reserved for situations where the conduct of the alleged at-fault party was particularly egregious or intentional. Punitive damages are meant to:

• Serve as a punishment to the defendant
• Act as a deterrent to prevent others from engaging in similar behavior
• In a wrongful death case, a skilled attorney will work to identify and quantify all potential damages to ensure that you receive fair and comprehensive compensation for your loss.

Call Dunham & Jones today at 888-222-9746 to schedule a free consultation with a Texas Wrongful Death lawyer. Wrongful Death cases need an experienced injury law firm such as Dunham & Jones. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.

What to Look for in Your Wrongful Death Lawyer

When searching for the ideal wrongful death lawyer to represent you and your family, it’s important to research your options and narrow down your list based on the best traits in an attorney. Key questions to ask when looking to hire a wrongful death attorney are:

Years of Experience

Your wrongful death lawyer should have many years of experience in civil litigation, particularly personal injury and wrongful death suits. Only hands-on experience can provide an attorney with the skill and knowledge required to tackle the obstacles that may arise during your case. The attorneys at Dunham & Jones, Attorneys at Law are experienced and qualified to handle your wrongful death claim.

Compassion for Clients

The law firm you choose should prioritize the client, ensuring practices such as open communication, free initial consultations, affordable legal fees, and personalized legal services. This ensures that your injury attorney treats your wrongful death case with due care and respect.

Positive Case Results

A history of positive case results can give you confidence in your attorney’s ability to achieve the outcome you desire.

Get to know our injury lawyers during your free one-on-one case evaluation. You can discuss your loss with one of our compassionate wrongful death attorneys in person or over the phone.

Wrongful Death FAQs

To have a successful wrongful death claim, you must correctly navigate the relevant laws. Making even one mistake when bringing a lawsuit could bar you from financial recovery. It’s critical to entrust your case to a lawyer with knowledge of state specific wrongful death laws, in order to ensure a legal and valid lawsuit.

Can You File a Claim for the Loss of a Sibling?

Unfortunately, Texas law does not allow siblings to file wrongful death lawsuits in civil court. However, it’s important for all family members to understand the process and who is eligible to file these claims. Typically, the surviving spouse, children, or parents of the deceased are permitted to file a wrongful death claim. If these family members do not file within three months from the date of death, the executor or administrator of the estate can file the claim unless explicitly asked not to by the spouse, children, or parents.

Fully understanding wrongful death laws and how they affect your case may require assistance from a knowledgeable attorney. The Dunham & Jones Law Firm has experienced attorneys who can guide you and your family through a wrongful death lawsuit, minimizing the stress and complexity of taking legal action. We will navigate these laws on your behalf to ensure that your rights are protected and that you receive the compensation you deserve.

Are Survival Claims the Same Thing?

Survival actions are often filed alongside wrongful death claims, but they are distinct legal actions. Under Texas statute, the deceased individual’s heir or estate representative can file a personal injury claim that the deceased would have been able to file if they had survived the incident. This is what is known as a survival action.

Differences Between Wrongful Death Claims and Survival Actions

• Wrongful Death Claims: These claims are designed to help the plaintiff recover compensation on behalf of the deceased’s spouse, children, and parents for the loss of their loved one. They focus on the impact of the death on the surviving family members.
• Survival Actions: These are personal injury claims that the deceased could have pursued had they lived. This action is brought by the deceased’s heir or estate representative to seek compensation for the deceased’s pain and suffering, medical expenses, and other damages incurred before death.

By bringing both a wrongful death claim and a survival action simultaneously, family members and their attorney can work to maximize the total compensation available. This comprehensive approach helps provide more closure for the family and holds the at-fault parties accountable for their actions.

Who Can File the Wrongful Death Claim?

The following individuals can file a wrongful death lawsuit, and one or more of these individuals can file on behalf of all of them:

• Surviving Spouse
• Children
• Parents

If none of these parties files within three months of the date of death, the personal representative of the decedent’s estate can file the claim. The personal representative may be named in the decedent’s will or appointed by the courts, depending on the circumstances. This ensures that the right to seek compensation is preserved even if the immediate family members do not take action within the initial time frame.

What is the Filing Deadline?

The statute of limitations for filing a wrongful death claim is two years from the date of the decedent’s death. If you miss this deadline, your case will likely be dismissed by the courts, or the defense may use this as an argument against liability.

However, if you’re attempting to hold a government entity responsible, the timeline may be significantly shorter. Cities in Texas can establish their own statutes of limitations on claims against the government, with some being as short as 45 days. Therefore, it is crucial to act promptly and consult with an attorney to ensure all deadlines are met.

How Long Does a Wrongful Death Lawsuit Take?

There is no exact answer as to how long a wrongful death lawsuit will take. It’s essential to work with an experienced injury attorney who can navigate the process efficiently and keep you informed every step of the way. The duration of a wrongful death lawsuit can vary significantly based on several factors including:

• Complexity of the Case: Complex accidents may require more resources and time to investigate to fully determine the cause and gather necessary evidence.
• Settlement Negotiations: The timeline will also depend on whether a settlement is reached. Often, it takes several months to reach a settlement.
  Going to Trial: If an acceptable settlement offer is not reached and the case goes to trial, it may take additional months or even years to resolve.

How Much is a Wrongful Death Case Worth?

There is no average or ‘normal’ value for a wrongful death lawsuit, as each case is unique. A wrongful death attorney can provide an estimate of what they believe your case may potentially be worth based on various factors. These factors will be considered to determine the potential value of your wrongful death case. Each case is different, and a skilled attorney can help you understand the specific damages that may be applicable to your situation. Some of the damages that may be available in a wrongful death lawsuit include:

• Medical Bills: Expenses incurred for the deceased’s medical treatment before death.
• Funeral Expenses: Costs associated with the deceased’s funeral and burial.
• Loss of Consortium: Compensation for the loss of companionship and support.
• Loss of Earning Capacity: The income the deceased would have reasonably expected to earn throughout their lifetime.
• Pain and Suffering: Compensation for the physical and emotional pain suffered by the deceased before death.

What if There is a Criminal Case?

If someone intended to harm or kill your loved one, your case may also involve criminal charges brought against the defendant simultaneously. It’s important to work with an experienced wrongful death attorney who can navigate both the civil and criminal aspects of your case, ensuring that all deadlines are met and that the best possible evidence is presented to support your claim. This criminal case may impact your wrongful death claim in various ways including:

• Extended Filing Deadline: The filing deadline for a wrongful death lawsuit may be extended to two years from the date of the conclusion of the criminal case.
• Evidence from Conviction: If the defendant is convicted of homicide, this can serve as strong evidence in your wrongful death case. A criminal conviction can support your claim that the defendant’s actions were responsible for your loved one’s death.

How Much Does a Wrongful Death Attorney Cost?

At Dunham & Jones, Attorneys at Law, we take wrongful death claims on a contingency fee basis. This approach ensures that you can focus on your family and healing while we handle the legal complexities of your wrongful death claim. This arrangement provides significant financial relief to grieving families and means:

• No Upfront Costs: You will not have to worry about paying legal fees upfront.
• Payment Upon Success: Legal fees are only due if we successfully recover compensation for you. The fees will be based on an agreed-upon percentage of the final settlement or jury verdict.
• No Out-of-Pocket Expenses: We handle all costs related to the case, so you do not pay anything out-of-pocket. If we do not win, you pay no legal fees.

Speak to Our Wrongful Death Lawyers

Losing a loved one is one of the hardest things you will ever go through. If your sibling, parent, or grandparent died because of someone else’s mistake, hiring a wrongful death lawyer may be in your best interest. The qualified and experienced attorneys at the Dunham & Jones, Attorneys at Law are here to help you navigate this difficult time and seek justice for your loved one.

Why Choose Us?

• We understand the emotional toll of losing a loved one and are committed to providing compassionate legal support throughout your case.
• Our lawyers have extensive experience handling wrongful death claims and will work tirelessly to secure the compensation you deserve.
• You can visit us at one of our many offices around the state, making it easier for you to access the legal assistance you need.

Contact Dunham & Jones Today

Speak to our wrongful death lawyers to discuss your case. We are dedicated to helping families get the justice they deserve. Call us at 888-222-9746 today to schedule your free consultation and let us help you through this challenging time.