Every death is a tragedy to the family who has suffered a loss. But some deaths are considered – by state law – to be “wrongful.” What makes it a wrongful death? The person died as a result of the gross negligence, malicious intent, or fraud of another person or business. In these cases, Texas law allows surviving family members to bring a wrongful death claim and if negligence can be proven, to receive compensation.
The Dallas wrongful death lawyers at Ted B. Lyon & Associates represent the interests of grieving families who have lost a loved one. In our 50 years serving clients in the greater Dallas area, we have handled hundreds of wrongful death cases – from investigation through negotiations and in trial court. We fight to ensure our clients receive the compensation they need and deserve.
If you think you have a wrongful death case, call our office at 877-833-5966 to speak with an experienced Dallas wrongful death lawyer. We can advise you of your rights and whether you may have a valid claim.
Negligence is a failure to take proper care. We’re all guilty of acting negligently sometimes. But gross negligence goes beyond. It’s when that lack of care is conscious and in reckless disregard for the health and safety of others.
Would a reasonably careful person have acted in that way? In the case of gross negligence, the answer is no.
There are times when a person dies from injuries that were purposely inflicted on them. For example, if a daycare provider shakes a child, or a nursing home employee assaults a patient, or in an instance of road rage if a driver pushes another’s car off the road.
These may be tried as criminal cases. But even if the criminal case can’t be proven, a wrongful death case may still be successful in court. That’s because the proof needed to bring a civil case is less than what is needed in a criminal case. A wrongful death case requires “a preponderance of the evidence,” not proof “beyond all reasonable doubt.”
Fraud is intentional deception or misrepresentation to hide wrongdoing. It could be a business hiding information about a defective product or faulty drug. It could be a medical provider hiding an error made in treatment that resulted in a death.
Under state law, only a surviving spouse, children and parents of the deceased can bring a wrongful death claim. If there are no such family members, or they fail to bring a claim within three months of the person’s death, the executor of the person’s estate can file a claim, unless the family says not to do so.
Any financial award the executor recovers is divided among the beneficiaries of the estate. So, while siblings and grandchildren cannot file a wrongful death claim, they could be beneficiaries of the estate and inherit a portion of the award.
Regardless of who files the wrongful death claim, it must be done within two years of the death.
There are three kinds of financial recovery in wrongful death cases:
What Damages are Available for Specific Surviving Family Members?
Insurance companies have their own methods for valuing a wrongful death claim. You may or may not feel that their valuation is correct. Before you accept a settlement offer, talk with an experience wrongful death lawyer so you have a good understanding of the potential value of your claim.
In cases where the negligent behavior of the person at fault was egregious, a jury may award more than the insurer would provide, including exemplary damages.
A wrongful death settlement can be paid in two ways:
If underage children are among the beneficiaries, a trust will need to be set up in their name. They cannot receive the award directly.
When considering how you would like a settlement to be paid out it may be helpful to know that the portion of the settlement that is paying for economic damages is excluded from taxation. But non-economic damages (pain and suffering, loss of companionship, etc.), and exemplary damages are taxable.
Schedule a free initial consultation with a truck accident attorney: 877-Ted-Lyon / 877-833-5966 or contact us by email. Our law firm handles all wrongful death cases on a contingency fee basis. That means we only earn a fee if we win your case.
We can accommodate home or hospital visits and provide legal services in English and Spanish.
Our law firm has been recognized in many ways over the years, including selection to the Super Lawyers list and an AV Preeminent Rating* in Martindale-Hubbell’s peer review rating system.
*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and ethical standards.
