How Do You File a Wrongful Death Claim in Dallas?

It goes without saying that the process of filing a wrongful death claim can be complex. A wrongful death lawsuit or claim seeks compensation or damages against the person or parties found to have caused or contributed to the victim's death (in the form of monetary compensation for lost income, for example). The responsible party or guilty party may therefore be held accountable for losses such as missed wages, funeral costs, diminished earning capacity, mental suffering, and more.

If you've got questions about how to file a wrongful death claim, don't hesitate to contact a qualified attorney.

Please get in touch with the wrongful death attorneys at Rasansky Law Firm for a free consultation if a loved one in the Dallas-Fort Worth region has died in an accident. After hearing the details of your situation, we'll decide whether we can assist you in pursuing justice via a wrongful death claim or lawsuit.

If we choose to represent you, it will be on a contingency basis, which means you won't ever have to pay a dime until we win your case.

Trust in the experience of our wrongful death lawyers at the Rasansky Law Firm when it comes to a complex yet highly important matter like a claim for wrongful death.

What is a Wrongful Death Claim?

First and foremost, what is wrongful death? In essence, a wrongful death in Texas happens as a consequence of the wrongdoing or carelessness of another person, business, or organization. This might include carelessness, willful misbehavior, or any other type of negligence.

A wrongful death lawsuit or claim seeks compensation or damages against the person or parties found to have caused or contributed to the victim's death (in the form of monetary compensation for lost income, for example). The responsible party or guilty party may therefore be held accountable for losses such as missed wages, funeral costs, diminished earning capacity, mental suffering, and more.

Why is this important? Well, the victim would have been able to support their family, emotionally and financially, throughout their lives had they not died as a direct consequence of their accident. Families in this scenario often face financial hardships in addition to the emotional trauma that comes with losing a loved one.

Texas's Wrongful Death Laws

Chapter 71 of the Texas Civil Practice and Remedies Code allows certain parties to file wrongful death claims where another person or business's illegal actions, carelessness, skilllessness, omission, or default resulted in the death.

If a loved one dies due to someone else's negligence, such as a drunk driving accident, distracted driving collision, hospital or medical malpractice, or defective and dangerous product, there has been a wrongful death.

What's more, only certain parties are allowed under Texas law to bring a wrongful death claim. In Texas, certain members of the decedent's family are allowed to file wrongful death claims. This includes the deceased's parents, children, and surviving spouse.

For the wrongful death of their adopted child, adoptive parents may also bring legal action. These claims may be filed individually or jointly by the surviving family members with the aid of wrongful death attorneys.

How to File a Claim for Wrongful Death in Texas

Whoever files a wrongful death lawsuit in Dallas must have legitimate evidence of the specific components and details surrounding the claim in question. Moreover, they must present and defend their case in court (typically and, importantly, with the help of an attorney).

In the majority of situations, a plaintiff (or the surviving family members of a deceased person entitled to file) must demonstrate that the liable party either did or did not act in a certain manner, therefore causing the occurrence that resulted in the death of their loved one. For instance, you may need to demonstrate that a drunk driver who caused a fatal vehicle accident was negligent because their blood/alcohol level exceeded the legal limit defined by Texas law.

Our lawyers at Rasansky Law Firm have extensive expertise in wrongful death claims, and we know how to prepare and fight for you and yours. If you have any concerns or questions about how to file a wrongful death claim in Dallas, Texas, please get in touch with our Dallas-area wrongful death lawyers as soon as possible.

Proving Negligence in a Wrongful Death Claim

So, how does a plaintiff prove negligence? Negligence is the failure to take the degree of caution that a typical person would in a comparable situation. In other words, negligence is essentially a person's lack of care or another entity's reckless actions. The fact that a person may not have intended to cause the death of your loved one does not exclude them from legal culpability.

For a wrongful death lawsuit based on the negligent conduct of a person to be successful, all four components of negligence must be proven: duty, breach, causation, and damages.

Your attorney will start by establishing that the defendant owed your loved one a duty of care. A duty of care is simply the obligation to behave in a manner that would keep the average person safe or to act as a reasonable person would in the same or similar situation.

The law compels all individuals to prevent foreseeable injury to others. To prove negligence, your attorney will define that the negligent party in question had a duty of care, they breached that duty of care, and that breach caused the death of your loved one. Ultimately, damages will be defined by the consequences of your loved one's death, from lost wages and emotional trauma to medical expenses and funerary costs.

Contact Rasansky Law Firm

Our team of seasoned wrongful death lawyers is proud to defend those affected by all types of personal injury cases. We have devoted ourselves to helping victims secure the justice they deserve, and we will be at your side throughout the complex legal proceedings that follow a deadly accident.

Following the loss of a loved one in Dallas County, if you are left with damages ranging from mental distress to loss of consortium and more, we are here to help.

The lawyers at Rasansky Law Firm are ready to speak with you and your family for free about your possible case. Our skilled, compassionate team can answer any questions you may have regarding future legal services for you and your family. Call toll-free at (214) 617-1816 or (214) 617-1816 right away.