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What Is Considered Wrongful Death?

What is considered wrongful death in Dallas? This complex area of the law may be difficult to understand for many people, especially as you may only have to think about it after losing a loved one. You may use this article to find out more about Texas’s wrongful death statute, including:

  • What acts constitute wrongful death?
  • Who can file a wrongful death claim?
  • What damages are associated with a wrongful death?
  • How long do you have to file a wrongful death claim?

Defining a Wrongful Death in Texas

You should be aware that not every accidental death will be considered a wrongful death in Texas. You may find an exact definition of wrongful deaths in Chapter 71 of the Texas Civil Practice and Remedies Code. According to this code, you may file a wrongful death claim only if you lose a family member because of another person or corporation’s:

  • Carelessness
  • Unskillfulness
  • Neglect
  • Default
  • Wrongful act

This means that someone — or a corporation — must act in a direct way to cause your loved one’s death in order for you to file a wrongful death claim.

Examples of Situations That Could Lead to a Wrongful Death

It may be difficult to determine what is considered wrongful death based solely on Chapter 71 of the Civil Practices and Remedies Code. It may be helpful to consider some situations where the code could apply in order to understand wrongful death. You might be able to file a wrongful death claim if you lost a family member in:

  • A car accident caused by a drunk driver
  • An accident caused by a defective tire
  • A collision with a driver distracted by their cellphone

You may be able to get specific answers about whether or not your situation qualifies for a wrongful death claim by contacting a Dallas car accident lawyer. A lawyer can assess your case to see if you could file a claim on behalf of your family member.

Individuals Who Can File a Wrongful Death Claim

You should be aware that not everyone is permitted to file a wrongful death claim in Dallas. You may only file this claim for certain family members, including your:

  • Spouse
  • Children
  • Parents

You may be able to file a wrongful death claim if you were adopted or on behalf of a child you adopted. However, you may not file a wrongful death claim for one of your siblings in the state of Texas. Only the listed family members may file a wrongful death claim.

Compensation for Wrongful Death Claims

If you lost a loved one due to the wrongful actions of someone else, they could be required to compensate your family. You may be awarded damages to help you cover your lost:

  • Inheritance
  • Household services
  • Guidance, support, and care
  • Companionship and love

You may also be able to recover “survival damages” in Dallas. This allows you to seek compensation for the pain or suffering your loved one experienced prior to their death. Survival damages could also allow you to get compensation for the medical expenses incurred before your loved one’s death, as well as costs to cover funeral or burial expenses.

A Dallas car accident lawyer may be able to help you determine exactly what types of compensation you could be awarded. Your lawyer may provide you with compassionate care and understanding during this challenging time for your family.

Wrongful Death and the Statute of Limitations

You should be aware that you do not have an indefinite amount of time to file a wrongful death claim here in Dallas. In fact, you may only have two years to file your claim. If you wait past this two-year period, you will no longer be able to seek compensation for your loved one.

You may begin working on your claim right now by reaching out to a lawyer. Your lawyer may begin investigating the facts of your situation right away and working on your claim. Depending upon your situation, your lawyer may be able to settle a wrongful death claim out of court or through a jury verdict.

Speak with a Lawyer About Wrongful Death in Dallas

What is considered wrongful death in Texas? Deaths caused by someone else’s wrongful actions, negligence, or neglect could be considered a wrongful death. If you lost a loved one due to someone else’s actions, you could start working on a wrongful death claim with a Dallas car accident lawyer. Find out more by completing our online contact form or calling (214) 305-8277.

We may be able to offer you a free consultation to discuss your case today.

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