Wrongful death claims in Dallas and Texas
The Ledger Law Firm helps families after a death caused by someone else’s act or neglect. The firm has attorneys licensed in Texas: Emery Brett Ledger and Randall L. Meredith. The firm’s Dallas office is at 3203 McKinney Avenue, Dallas, Texas 75204.
Call (972) 888-8888 for a free case evaluation, or send the form and the firm will call you.
What counts as a wrongful death in Texas?
A death caused by another person’s wrongful act, neglect or carelessness can support a wrongful death claim. The claim rests on whether the person who died could have sued had that person lived.
An action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists (Civil Practice and Remedies Code section 71.002(a)). A person is liable if the injury was caused by the person’s or the person’s agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default (section 71.002(b)). The subchapter applies only if the individual injured would have been entitled to bring an action for the injury if the individual had lived (section 71.003(a)).
Who can file a wrongful death claim in Texas?
The statute names the surviving spouse, children and parents of the person who died. One or more of them may bring the claim for the benefit of all.
The action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased, and any of them may bring it, or one or more of them may bring it for the benefit of all (section 71.004(a) and (b)). If none of them has begun the action within three calendar months after the death, the executor or administrator must bring it unless all of those individuals ask the executor or administrator not to (section 71.004(c)). The section does not name siblings, so this page does not say that a sibling can file.
How long do you have to file?
Texas law says a suit for an injury resulting in death must be brought not later than two years after the day the cause of action accrues, and the cause of action accrues on the death of the injured person. Exceptions exist.
The rule is Civil Practice and Remedies Code section 16.003(b). The two years run from the death. The statute names a few exceptions in the same section, and which date applies to a family is a question for a lawyer, so ask early.
What can a family recover?
The jury may award damages in an amount proportionate to the injury resulting from the death, divided among the individuals entitled to recover.
Section 71.010 says the jury may award damages in an amount proportionate to the injury resulting from the death, and that the damages are divided, in shares as found by the jury, among the individuals who are entitled to recover and who are alive at that time. What a particular family may recover depends on the facts, and a lawyer can explain which losses are involved in your case.
What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim is the family’s own claim for the death. A survival claim is the injured person’s own personal injury claim, which continues after death for the estate and heirs.
A cause of action for personal injury does not abate because of the death of the injured person, and the action survives to and in favor of the heirs, legal representatives, and estate of the injured person (section 71.021). A wrongful death claim, by contrast, is brought for the benefit of the surviving spouse, children and parents (section 71.004). The statute text says the personal injury action survives. It does not list what a survival claim recovers, so this page does not say.
What decides whether a wrongful death claim succeeds?
The facts, the proof, the insurance available and each person’s share of responsibility. No one can promise a result, and the firm does not.
A claim turns on what can be proved about how the death happened, on the insurance and other sources of payment available, and on responsibility. The trier of fact assigns a percentage of responsibility to each claimant, each defendant, each settling person and each designated responsible third party (Civil Practice and Remedies Code section 33.003). In a claim for the death of another person, the term “claimant” includes the person who died (section 33.011(1)), so that person’s own share of responsibility is part of the calculation: a claimant whose percentage is greater than 50 percent may not recover damages, and otherwise the damages are reduced by that percentage (section 33.001 and section 33.012). A lawyer reads the facts of your case before saying how these rules apply.
What do wrongful death lawyers charge?
The firm works on a contingency fee: the fee is a percentage of what is recovered. If there is no recovery, you owe no attorney fee, but you may still be responsible for court costs and case expenses.
The case evaluation is free.
What should a family do first?
Keep the records, do not sign anything from an insurer before a lawyer has read it, and call.
- Keep the crash report number, the photographs, the bills and the funeral costs.
- Do not give an insurer a recorded statement or sign a release or any other paper before a lawyer has read it.
- Write down the names of the people who saw what happened.
- Call (972) 888-8888 for a free case evaluation.
Wrongful death claims in Dallas and across Texas
The law is the state’s. The firm has attorneys licensed in Texas: Emery Brett Ledger and Randall L. Meredith.
Wrongful death law in Texas is state law, and the sections above apply wherever in Texas the death occurred. The firm’s Dallas office is at 3203 McKinney Avenue, Dallas, Texas 75204.
This is general information and not legal advice. Every deadline has exceptions. Ask a lawyer about the dates and rules in your own case.
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Emery Brett Ledger is the attorney responsible for this page. The firm’s California headquarters is in Newport Beach; its Texas office is in Dallas.