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 lawyers at Lyons & Simmons, LLP can help you pursue compensation and justice. Complete an online form today to tell us about your case.

The 4 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.

  1. 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.

  2. 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.

  3. 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.

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

    1. 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.
    2. 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.
    3. Mental Anguish: Emotional pain, torment and suffering experienced by the plaintiff because of the wrongful death.
    4. 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.

Call for an Experienced Advocate

Our 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 case 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. Our trial attorneys have successfully handled cases involving motor vehicle crashes, construction site accidents, aviation disasters, product liability claims, fire and explosions, and premises liability.

Call (844) 297-8898 to discuss your wrongful death case.