FAQs – Wrongful Death Attorneys & Law Firms in Dallas & DFW
Wrongful Death FAQs
Wrongful Death in Dallas or the DFW area? Learn about your legal options and what families should know during this difficult time.
A Dallas wrongful death claim may arise when a person’s death results from another person’s wrongful act, neglect, carelessness, unskillfulness, or default, as provided by Texas law. Chapter 71 of the Texas Civil Practice and Remedies Code establishes the statutory wrongful death cause of action and identifies circumstances under which damages may be pursued.
Texas law identifies specific family members who may bring a Dallas wrongful death claim. Generally, the surviving spouse, children, and parents may have rights under Chapter 71, subject to the statute’s requirements. If an eligible person does not bring the action within the applicable period, the personal representative may have a role under Texas law. (Texas Constitution and Statutes)
Depending on the circumstances, a Dallas wrongful death claim may seek damages recognized under Texas law for losses resulting from the death. Potential damages can involve financial losses, loss of companionship and support, and other legally recognized losses. The available damages depend on the relationship of the claimant, evidence, circumstances, and applicable law.
Texas law generally provides a two-year limitations period for a wrongful death action, subject to statutory provisions and exceptions. The date from which the period is calculated can depend on the circumstances. Because deadlines can affect a Dallas family’s legal rights, the specific limitations period should be determined promptly.
A surviving spouse may have the right to bring a Dallas wrongful death claim under Texas law when the statutory requirements are satisfied. Texas Chapter 71 identifies spouses among the persons who may pursue such an action. The specific circumstances, other eligible family members, and applicable deadlines can affect how the claim proceeds. (Texas Constitution and Statutes)
Texas law allows surviving children to bring a Dallas wrongful death claim when the statutory requirements are met. Chapter 71 identifies children among the eligible beneficiaries. The circumstances of the family, other eligible claimants, and applicable limitations period can affect the claim, so the specific facts should be reviewed under Texas law. (Texas Constitution and Statutes)
Evidence in a Dallas wrongful death case can include accident reports, medical records, employment and income documentation, photographs, video, witness statements, and records establishing the family relationship. Depending on the circumstances, evidence may also be needed to establish the cause of death and the financial and personal losses resulting from the death.
Yes. A Dallas wrongful death claim can arise when a car, truck, motorcycle, pedestrian, workplace, premises, or other accident causes a death and the statutory requirements for wrongful death are satisfied. Texas law focuses on whether the death resulted from legally actionable conduct and whether the claimant has a recognized right to bring the action.
Depending on the circumstances, eligible family members may seek damages recognized under Texas wrongful death law for losses resulting from the death, which can include certain financial losses associated with the deceased person’s support and contributions. The amount and availability depend on evidence concerning the family, finances, circumstances, and applicable Texas law.
Consider contacting a Dallas wrongful death lawyer promptly after a death caused by an accident or other potentially actionable conduct. Early legal review can help preserve evidence, identify potentially responsible parties, determine eligible family members, understand Texas deadlines, and evaluate the damages that may be available under Chapter 71. (Texas Constitution and Statutes)