Dallas Wrongful Death Lawyers

Understanding Wrongful Death Lawsuits

Wrongful death law exists to give families both a voice and a path to justice after a preventable tragedy. In Texas, spouses, children, and parents of the deceased may bring a wrongful death claim to seek accountability. Separate survival claims may also allow the estate to recover for the pain, suffering, and medical expenses endured before death.

Through these claims, families may pursue damages for:

• Lost income, benefits, and household support the loved one would have provided.
• Loss of companionship, care, and guidance.
• Emotional anguish suffered by those left behind.
• Funeral, burial, and related expenses.

These cases are never simple. They often involve powerful corporations, insurers, or other entities determined to avoid responsibility. Preserving evidence, securing expert testimony, and preparing for trial are all essential. At Lyons & Simmons, LLP, we act immediately to:

• Secure physical evidence and preserve products or machinery before it disappears.
• Investigate worksites, crash scenes, and corporate safety practices.
• Work with engineers, medical experts, and industry specialists to prove liability.
• Push back against defense efforts to blame the victim or minimize the family’s loss.

For many families, pursuing a wrongful death case is not only about securing their future, but also about protecting others. Our cases have led to corporate reforms, safer practices, and industry-wide changes — outcomes that make communities safer while honoring the memory of those lost.

Elements of a Wrongful Death Lawsuit in Texas

To succeed in a wrongful death case, families must prove certain legal elements. These requirements ensure that the defendant is held accountable under the law, and they form the foundation of any claim filed under Chapter 71 of the Texas Civil Practice and Remedies Code.

1. Negligence or Wrongful Conduct. The death must have been caused by another party’s neglect, carelessness, unskillfulness, or wrongful act. This may involve an individual (such as a reckless driver), a business (such as a negligent employer), or even a government entity (such as an agency that failed to maintain safe roads).
2. Duty of Care and Breach. It must be shown that the defendant owed the deceased a duty of care — and that this duty was breached. For example, drivers have a duty to obey traffic laws, and employers must provide safe working environments. A breach occurs when these responsibilities are ignored or violated.
3. Causation. Beyond proving misconduct, families must establish a direct link between the defendant’s breach of duty and their loved one’s death. In other words, the wrongful act must be shown to be the cause, or a substantial contributing factor, in the fatal outcome. Collecting evidence such as accident reports, expert testimony, and witness statements is often essential to meeting this burden.
4. Damages. Finally, the death must result in measurable damages. Under Texas law, this can include pecuniary losses such as lost wages, benefits, and financial contributions; the emotional toll of mental anguish and the loss of companionship and guidance; and even the loss of inheritance a family would have received if their loved one had lived a full life.

Together, these elements form the legal roadmap for holding negligent parties accountable. While no outcome can replace the loss of a loved one, establishing each element gives families the ability to seek justice and the compensation needed to move forward.

Wrongful Death FAQ

What Is a Wrongful Death Lawsuit in Texas?

A wrongful death lawsuit is a civil claim brought by certain family members, usually the spouse, children, or parents, after a loved one’s death caused by another’s negligence, carelessness, or wrongful act. These claims often arise from incidents such as:

• Car or truck crashes
• Workplace or construction accidents
• Aviation accidents
• Dangerous or defective products

The purpose is not only to hold the responsible party accountable, but also to help families recover compensation for the financial and emotional losses they suffer because of the untimely death.

What Types of Damages Are Recoverable in a Wrongful Death Claim in Texas?

Families may pursue several categories of damages under Texas law, including:

• Pecuniary losses – financial support, services, and care the deceased would have provided.
• Mental anguish – emotional pain and suffering experienced by surviving family.
• Loss of companionship and society – the value of the guidance, advice, and presence the deceased would have shared.
• Loss of inheritance – the wealth or assets the deceased would have likely accumulated and left behind.

Together, these damages aim to reflect the true scope of what was taken from the family.

How Do I File a Wrongful Death Claim in Dallas?

Filing a wrongful death claim involves more than submitting paperwork. It requires careful preparation and legal strategy. Key steps often include:

• Collecting essential records such as the death certificate, accident reports, and medical documentation.
• Filing the claim in the civil court of the county where the death occurred.
• Building the case through witness testimony, expert opinions, and evidence analysis.

Because these cases can involve complex rules, deadlines, and defenses from the other side, most families work with an experienced wrongful death attorney to guide them through the process.

Who Can File a Wrongful Death Claim Under Texas Law?

Texas law limits who can bring a wrongful death action:

• Surviving spouse
• Children
• Parents of the deceased

If none of these family members act within three months, the personal representative of the estate may file. An attorney can clarify who is eligible, whether claims should be joint or separate, and how damages are distributed.

What Challenges Come With Proving a Wrongful Death Due to Negligence?

To succeed, families must show that:

• The defendant acted negligently or wrongfully.
• This conduct directly caused the death.

Challenges often arise because defendants try to:

• Shift blame onto the deceased.
• Argue that unrelated factors caused the death.

Overcoming these defenses usually requires a strong legal team that can organize testimony, expert analysis, and forensic evidence into a persuasive case.

Can Punitive Damages Be Awarded in a Wrongful Death Lawsuit in Texas?

Yes, but only in limited circumstances. Punitive (or exemplary) damages are awarded to punish especially reckless or intentional misconduct. To obtain them, families must show:

• The defendant acted with gross negligence, malice, or willful disregard for safety.

Because this is a higher standard than ordinary negligence, punitive damages are more difficult to obtain. But in the right case, they can add significant value to a recovery and send a strong message of accountability.

Start Today with a Free Consultation

Our Dallas wrongful death attorneys have been in the trenches with clients in sharply contested, high-exposure wrongful death cases. We understand that when the stakes are this high, our clients need experienced trial lawyers who can employ sophisticated strategies and utilize the best resources possible.

If you have questions about a potential case, we want to help. Call (844) 297-8898 or contact us online to discuss your wrongful death claim.