Dallas Wrongful Death Lawyer

Did you lose a loved one in a fatal accident in Dallas, Texas? No legal claim can undo that loss, but a wrongful death lawsuit can hold the responsible party accountable and provide the financial stability your family needs going forward.

A Dallas wrongful death lawyer at Trujillo Gonzalez, P.C. can help. Call  (972) 550-6818 for a free consultation.

We have decades of experience helping families seek the justice and financial security they deserve after a wrongful death. Let us help you get the result your family deserves.

Why Choose Trujillo Gonzalez, P.C. After a Wrongful Death in Dallas, TX?

A fatal accident claim demands a Dallas injury lawyer who understands wrongful death law and can advocate for your family’s financial and emotional needs after a loved one’s untimely death. 

Families throughout Dallas, TX, trust our firm because:

• We represent every wrongful death family on a contingency fee basis, so there is no upfront cost to get started
• We’ve earned top distinctions and honors from organizations like Texas Lawyer Magazine and the Million Dollar and Multi-Million Dollar Advocates Forum. 
• We have decades of experience and hundreds of trials and verdicts under our belts.  
• We have recovered millions for injured clients and families. 
• We are fluent in English and Spanish to better serve Dallas’s diverse community.

Call today for a free consultation with a Dallas wrongful death attorney who will treat your family’s case with the seriousness it deserves.

What Qualifies as a Wrongful Death Under Texas Law?

Texas law defines a wrongful death as one caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default.

In practical terms, if your loved one could have filed a personal injury claim had they survived, their eligible family members generally have the right to pursue a wrongful death claim against whoever caused the fatal injury.

These are separate from any criminal case due to the same incident. Even if the at-fault party is never charged, your family can still pursue a civil wrongful death claim. The burden of proof is lower in civil cases. 

Who Can File a Wrongful Death Claim in Texas?

Texas law is specific about who has standing to bring a wrongful death claim. Under the Texas Wrongful Death Act, only the following family members may file:

• A surviving spouse 
• Surviving children, including legally adopted children 
• Surviving parents

Siblings, grandparents, and other extended family members do not have the right to file a wrongful death claim under Texas law (regardless of how close the relationship was). 

If none of the eligible family members file suit within three calendar months of the death, the personal representative of the deceased’s estate may step in to file the claim on the family’s behalf. Any compensation recovered is meant to benefit all eligible relatives who suffered a loss.

Wrongful Death Claims vs. Survival Actions

Texas also recognizes a related but distinct legal claim called a survival action. While a wrongful death claim compensates the family for their own losses, a survival action belongs to the deceased’s estate and recovers damages the deceased personally experienced before passing away, such as pre-death medical expenses, lost income, and conscious pain and suffering. These two claims are frequently pursued together.

What Is a Dallas Wrongful Death Case Worth?

No settlement can replace the person your family lost. Compensation can only ease the financial burden left behind and provide stability moving forward; it cannot place a value on their life.

Several factors influence what a wrongful death claim may be worth, including:

• Your loved one’s age, health, and expected life span 
• Their income, career trajectory, and financial contributions to the household 
• The value of the services and support they provided at home 
• Medical expenses incurred before death 
• Funeral and burial costs 
• The emotional impact of the loss on surviving family members 
• The nature and severity of the at-fault party’s conduct 
• The insurance coverage and other assets available 
• Any allegations of shared fault

These claims often have substantial values, but proving that value requires sophisticated projections and calculations from legal and financial professionals. That’s why we work with financial experts, medical professionals, and economists as needed to build a complete picture of what your family has lost.

What Compensation Is Available in a Texas Wrongful Death Claim?

Texas law allows recovery of many damages in wrongful death cases, each addressing both the financial and personal toll of losing a loved one.

A winning claim may result in compensation for economic and non-economic damages including:

• Medical expenses related to treatment before death 
• Funeral and burial costs 
• Lost income, benefits, and expected inheritance 
• Loss of household services and support 
• Loss of companionship, comfort, and guidance 
• Mental anguish experienced by surviving family members 
• Loss of parental guidance for surviving minor children 
• Loss of consortium for a surviving spouse

In cases involving extreme misconduct, Texas law may also allow for exemplary damages. These punish the responsible party rather than simply compensate the family. They may be available in cases involving drunk driving or willful violations of safety statutes. 

Can You Still Recover if Your Loved One Was Partially at Fault?

Texas follows a modified comparative negligence rule for cases involving multiple at-fault parties. If your loved one is found less than 51% at fault for the accident that caused their death, your family can still recover compensation. But the award is reduced by their percentage of responsibility. (Being 33% at fault means damages are reduced by 33%). 

If your loved one is found 51% or more at fault, Texas law bars the family from recovering damages entirely.

Insurance companies often use these rules to minimize their exposure in high-value wrongful death cases. Our attorneys know how to investigate the facts and push back against blame-shifting tactics that are not grounded in the truth. 

Common Causes of Wrongful Death in Dallas

Fatal accidents in Texas stem from many different types of negligence and misconduct. Some of the most frequent causes we see include:

• Car accidents
• Truck accidents
• Motorcycle accidents 
• Medical malpractice
• Defective or dangerous products 
• Premises liability incidents 
• Slip and fall incidents 
• Workplace accidents 
• Intentional acts of violence

Many fatal accidents involve more than one contributing cause. Our attorneys investigate thoroughly to uncover every factor and identify every party who may share responsibility, ensuring your family has access to the full compensation available.

Proving Liability in a Texas Wrongful Death Case

Most wrongful death cases are based on negligence. To succeed in a wrongful death claim, your family generally must prove four elements:

• Duty of care. The defendant had a legal obligation to act reasonably and avoid harming others. 
• Breach of duty. The defendant failed to meet that obligation through negligence, recklessness, or intentional misconduct. 
• Causation. That breach directly caused your loved one’s fatal injuries. 
• Damages. Your family suffered measurable financial and emotional losses as a result.

Building a strong case typically requires evidence such as police reports, accident reconstruction analysis, medical records and autopsy findings, eyewitness statements, photographs or surveillance footage, and testimony from relevant expert witnesses. Our attorneys know how to gather and present this evidence persuasively, whether negotiating with an insurer or presenting a case to a jury.

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

Texas law generally gives families two years from the date of death to file a wrongful death lawsuit. Missing this deadline typically results in the court dismissing the case and permanently barring your family from recovering compensation.

Because evidence can disappear and witness memories fade quickly, it is important to speak with an attorney as soon as possible after your loss, well before that deadline approaches.

How Much Does It Cost to Hire a Dallas Wrongful Death Lawyer?

Most wrongful death cases in Texas are handled through a contingency fee arrangement, which shifts the financial risk away from the family and onto the attorney.

Under this structure, there is no retainer to pay and no hourly invoice arriving while your case is being built. Instead, your attorney’s fee is a percentage of the settlement or verdict recovered for your family, usually between 33% and 40%. If the case does not result in a recovery, you generally owe no attorney’s fees at all.

A contingency fee model means your family can pursue full accountability without adding legal bills during a grieving process. Trujillo Gonzalez, P.C. represents every wrongful death family on a contingency fee basis and offers free consultations, so there is never an upfront cost to find out where your family stands.

Contact a Dallas Wrongful Death Lawyer for a Free Consultation

No amount of compensation can replace the person your family lost. But a wrongful death claim can provide financial stability and a sense of accountability during an incredibly painful time.

Trujillo Gonzalez, P.C. is ready to guide your family through every step of this process. We have decades of experience advocating for families; let us handle your legal fight. Call us today to schedule your free consultation with a Dallas wrongful death attorney.

Visit Our Dallas Personal Injury Law Office

Trujillo Gonzalez PC – Dallas
1111 W Mockingbird Ln #260,
Dallas, TX 75247, United States
Phone: (972) 550-6818
Open 24/7