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Wrongful Death

Dallas Wrongful Death Lawyers

We Handle Wrongful Death Cases Across Texas & the United States

Wrongful death cases involve some of the highest stakes any client could face. The loss of a life can sometimes put tens of millions of dollars at issue and lead to a seemingly unending legal battle that last for years.

Wrongful death lawsuits arise when the surviving spouse, children, or parents of a deceased individual claim the “wrongful act, neglect, carelessness, unskillfulness, or default” of one or more parties caused a loved one’s untimely death.

These claims can arise in the context of anything from a motor vehicle crash, product liability claims, or the safety precautions, policies, and procedures in place at an oil drilling rig.

If you have lost a loved one due to another party's negligence, the Dallas wrongful death attorneys at Lyons & Simmons, LLP can help you pursue compensation and justice.

We handle wrongful death claims arising from:

Call us today at (844) 297-8898 or complete an online form to tell us about your case. Our wrongful death lawyers in Texas offer free consultations.

On This Page:

Elements of a Wrongful Death Lawsuit in Texas

No amount of money can replace a loved one, but it can ease the burden of an expensive funeral, a loss of wages and other financial pressures that stack up after a wrongful death.

Under Chapter 71 of the Texas Civil Practice and Remedies Code, wrongful death claims can be filed if the death of a loved one is caused by the negligence or carelessness of another person or corporation.

Negligence

According to Texas law, a wrongful death is one caused by a party’s neglect, carelessness, unskillfulness or wrongful act. A party can consist of a single individual, a company or even a government entity; the latter may be liable if a driver is killed by improperly marked roadway construction.

Breach of Duty

The plaintiff must demonstrate that there was a breach of duty, meaning the party owed a duty of care to the victim but failed to uphold it. A person that disobeys traffic laws, by speeding or driving recklessly, is breaching their duty.

Causation

While breach of duty proves general misconduct, the plaintiff must also prove how the defendant’s negligence led directly to the death of the victim. If you’re trying to demonstrate that the defendant was not paying attention to the road while driving, it may prove difficult, making the collection of evidence crucial.  

Damages

Finally, the death of the victim must lead to any number of damages, including:

  • Pecuniary loss: The loss of care, maintenance, support, services and other reasonable contributions of a pecuniary value that the plaintiff (excluding inheritance) would have received from the victim were they still alive.
  • Loss of companionship and society: The loss of positive benefits from the love, comfort and companionship the plaintiff would have received from the victim were they still alive.
  • Mental anguish: Emotional pain, torment and suffering experienced by the plaintiff because of the wrongful death.
  • Loss of inheritance: The loss of the current value of assets the deceased would have added to their estate and left for the plaintiff after a natural death.

Understanding Wrongful Death Lawsuits in Dallas: Local Insights 

Living in Dallas, we know the city is bustling with activity, from the busy highways to the numerous construction sites. Unfortunately, this also means that accidents can and do happen, sometimes leading to tragic wrongful deaths. The Dallas wrongful death attorneys at Lyons & Simmons, LLP are deeply familiar with the unique challenges faced by residents in our community.

Navigating the complexities of a wrongful death lawsuit can be daunting, especially when dealing with local entities like Dallas City Hall or the Dallas County Commissioners Court. These institutions play a role in various aspects of city management, including road safety and construction regulations. These can be critical in wrongful death cases involving motor vehicle accidents or construction site incidents.

One of the common pain points for Dallas residents is the high traffic volume on major highways like I-35 and I-635, which unfortunately leads to a higher incidence of motor vehicle accidents. The city's rapid growth has also led to numerous construction projects, increasing the risk of construction-related accidents. Our team understands these local issues and is prepared to help you navigate the legal landscape to seek justice for your loved one.

We also recognize the emotional and financial toll that a wrongful death can take on a family. The impact is profound, from the cost of funeral services to the loss of income. Our attorneys are committed to easing this burden by helping you pursue compensation for your loss, including financial loss, loss of companionship, mental anguish, and loss of inheritance.

At Lyons & Simmons, LLP, we are not just lawyers but your neighbors. We understand the unique challenges of Dallas residents and are here to provide the support and legal guidance you need during this difficult time. If you have lost a loved one due to another party's negligence, contact us today for a free consultation.

Frequently Asked Questions

What is a wrongful death lawsuit in Texas?

A wrongful death lawsuit in Texas is a legal action taken by the surviving family members of a deceased individual, such as a spouse, children, or parents, who claim that the death was caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another party. These lawsuits can arise from various incidents, including motor vehicle crashes, aviation accidents, construction accidents, and more. The aim is to seek compensation for the loss and damages suffered due to the untimely death of a loved one.

What types of damages are recoverable in a wrongful death claim in Texas?

In Texas, the damages recoverable in a wrongful death claim may include pecuniary loss, which covers the loss of care, maintenance, support, and services that the deceased would have provided. Additionally, plaintiffs may recover for loss of companionship and society, mental anguish, and loss of inheritance, which refers to the value of assets the deceased would have accumulated and left to the heirs.

How do I file a wrongful death claim in Dallas?

Initiating a wrongful death claim in Dallas involves several steps starting with gathering essential documents such as the death certificate and any related medical and accident reports. Consulting with a Dallas-based wrongful death attorney at Lyons & Simmons, LLP can help you navigate the legal process and determine the correct filing procedures. Typically, a death claim must be filed in the civil court of the county where the incident occurred. Understanding the financial and emotional compensation you may pursue can be complex, which is why an experienced attorney is crucial in guiding you through the necessary legalities and building a strong basis for your claim.

Who can file a wrongful death claim under Texas law?

Under Texas law, only specific family members, such as the surviving spouse, children, and parents, are eligible to file a wrongful death claim. If none of these individuals file the claim within three months of the death, an executor or personal representative appointed by the court may file on behalf of the estate. Understanding who is permitted to file can impact the potential for a successful claim, as demonstrating the financial and emotional dependency on the deceased is a key component in determining the compensation sought. An attorney from Lyons & Simmons, LLP can provide critical guidance throughout this process.

What challenges come with proving a wrongful death due to negligence?

Proving wrongful death caused by negligence in Dallas involves several challenges, including collecting sufficient evidence that establishes the negligence of the defendant. This may involve gathering eyewitness testimonies, obtaining video footage, and consulting with forensics experts to piece together what happened. Additionally, counterarguments from the defense might aim to shift blame onto the deceased, making expert legal representation vital in refuting these claims effectively. Lawyers at Lyons & Simmons, LLP can focus on establishing a clear narrative supported by solid evidence, which is essential in overcoming these hurdles and advocating successfully for the compensation due to the family.

Can punitive damages be awarded in a wrongful death lawsuit in Texas?

Punitive damages, also known as exemplary damages, can be awarded in Texas wrongful death lawsuits if the defendant's actions are found to be particularly egregious or intentional. These damages are intended not only to compensate the plaintiffs but also to punish the wrongdoer and deter similar conduct in the future. However, securing punitive damages requires proving that the defendant's conduct was more than just negligent—it must be shown to be grossly negligent or willful. A seasoned attorney from Lyons & Simmons, LLP can assess whether your claim qualifies for punitive damages and develop strategies to pursue them effectively.

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 from start to finish. 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.

Every wrongful death claim is unique, which means we employ unique, specific strategies to achieve the best possible results for our clients. When it is all on the line, our Dallas wrongful death lawyers at Lyons & Simmons, LLP can help you see the light at the end of the litigious tunnel.

Call (844) 297-8898 or contact us online to discuss your wrongful death claim.

Our Case Results

When the Result Means Everything, Trust Our Team


  • $860 Million Wrongful Death: Crane Collapse
  • $109.5 Million Gas Explosion: Burn Injuries
  • $70 Million Wrongful Death: Negligent Security / Operations
  • $60 Million Wrongful Death: Worksite Explosion
  • $37.5 Million Wrongful Death: Trucking Crash
  • $33.1 Million Wrongful Death: Oilfield Accident

Why Choose Lyons & Simmons?

  • Customized Legal Strategies

    No two cases are exactly alike. We provide each of our clients with customized legal strategies and litigation solutions tailored to their unique needs.

  • Aggressive Representation

    Our highly skilled trial lawyers are fearless about going to battle for our clients. When the opposition pushes back, we push back harder. We are determined to end your case with the best possible result. 

  • A National Reputation

    Our firm has successfully tried life-altering wrongful death and personal injury cases throughout Texas and nationwide. We have earned a reputation for taking on—and winning—complex, high-exposure cases.

  • Client-Focused Attention

    As a boutique law firm, you receive personalized attention from attorneys with the resources you would expect from a large law firm. Our mission is to provide representation on par with, if not better than, that of any corporation and give you the best chance to win in the civil justice system.

A History of Local & National Recognition

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When you have been injured, every second counts. Speak with one of our nationwide trial attorneys today.

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