Dallas Wrongful Death Lawyer
40+ Years
of Combined Experience
5.0 Google Rating
with over 400 Reviews
Over $125M
Won for Clients That Have Become Family
We understand how devastating the unexpected loss of a loved one is, especially when the cause of death could have been prevented. Grieving families must understand their legal options to get justice in Dallas. Our wrongful death lawyers at Shamieh Law are here to help. We have a strong track record of securing settlements for medical costs and damages for pain and suffering. We have what it takes to help you fight for justice. Call us at (469) 813-7332 to schedule your free consultation today.
Why Choose Shamieh Law to Handle Your Dallas Wrongful Death Lawsuit?
At Shamieh Law, we are committed to ensuring you get fair value for your claim. Our personal injury attorneys in Dallas will build a strong case with supporting evidence so that you recover the money that you deserve. These case results below are just a few examples of the settlements we’ve recovered for past clients:
- $9,500,000 when a worker fell 30 feet to their death due to lack of training and safety equipment.
- $1 million when a charter bus driver lost their life in a head-on collision caused by another driver.
- $500,000 when an ATV accident claimed the life of our client’s son. Our legal team left no stone unturned in pursuit of justice and accountability.
Our Philosophy: “Winning With Awareness”
Many firms prioritize winning at all costs, even if it undermines their relationships with clients and professional contacts. We prefer to practice “Winning With Awareness.” This means we work closely with each of our clients to understand the full context of their situations and their aspirations and fears regarding their case.
Your interests are our top priority, and we are committed to championing your cause from the moment you take us on as your legal representatives. Among other things, you can count on our:
- Extensive experience handling wrongful death claims
- Unmatched work ethic and passion for our work
- Excellent advocacy skills
- Proven track record of securing favorable outcomes for our clients
How Long Do You Have to File a Wrongful Death Lawsuit in Dallas?
Few laws are as simple yet as consequential as the governing statute of limitations, which sets a deadline after which you may no longer file a claim. Submitting a claim after the correct deadline passes normally results in it being dismissed in court.
Subject to very few exceptions, the filing deadline for wrongful death claims in Texas is only two years from the date of death. This may seem like a long window. However, the longer you wait, the more time there is for important evidence to deteriorate or disappear. Do not wait to consult with a wrongful death attorney in Dallas.
Who Can File a Wrongful Death Claim in Dallas?
Only certain parties are eligible to file a wrongful death claim in Texas. Under the Texas Wrongful Death Act, the right to file a wrongful death lawsuit is for the exclusive benefit of the:
- Surviving spouse
- Children
- Parents of the deceased
The statute further explains that “one or more of those individuals may bring the action for the benefit of all.”
If none of these individuals file a claim within three calendar months after the death of the injured individual, then the personal representative of the decedent’s estate can file. However, if the surviving spouse, children, and parents request that a claim not be filed, then the representative must comply. A personal representative may be appointed in the decedent’s will or, in the absence of a will, by the probate court handling the decedent’s estate.
How Is a Survival Action Different from a Wrongful Death Lawsuit?
In addition to wrongful death claims, Texas law also recognizes survival actions. According to the governing statute, survival actions can arise from the same fatal incident as a wrongful death action but serve a different purpose.
On the one hand, wrongful death claims seek to compensate surviving family for the loss of their loved ones. On the other hand, survival actions allow the decedent’s estate to pursue compensation directly on behalf of the decedent. In other words, these actions “survive” in the sense that the right to file a personal injury lawsuit is preserved in the estate even after the decedent’s passing. Our Dallas wrongful death lawyers can explain this distinction and how it may apply to your circumstances during your free consultation.
Damages Available in a Dallas Wrongful Death Lawsuit
It should go without saying that no amount of money can undo or make up for the loss of someone near and dear to our hearts. Even so, in an effort to provide surviving loved ones with a measure of justice and accountability, Texas allows them to file a lawsuit seeking compensation from the parties responsible for the death of their family member.
Damages in these cases typically come in three categories: economic, non-economic, and punitive.
Economic & Non-economic Damages
Economic and non-economic damages may compensate for things like:
- Medical bills resulting from the death
- Income the decedent would have contributed to the family
- Loss of benefits, including health insurance, pension funds, and retirement funds
- Pain, suffering, and mental anguish
- Loss of care, protection, guidance, advice, love, and companionship
- Funeral and burial expenses
Punitive Damages
Punitive damages, also known as exemplary damages in Texas, are rarely awarded. This form of damages is designed to punish at-fault parties for reckless or otherwise reprehensible behavior (e.g., fraud, malice, or gross negligence). Our wrongful death attorneys in Dallas will advocate in favor of punitive damages where possible in your case.
Do you have to pay taxes on wrongful death settlements in Texas?
In most cases, no. Generally speaking, wrongful death settlements are not taxable but may be subject to certain exceptions. These exceptions include if the damages received for lost wages and other economic damages are greater than the amount of medical and funeral expenses related to the death that have been paid or reimbursed by insurance. In such cases, any compensation from a wrongful death settlement that exceeds those expenses is considered income and may be taxable in some circumstances. It is recommended to consult with a tax advisor before deciding how to proceed with receiving wrongful death settlements.
Common Causes of Wrongful Death in Dallas
Sadly, fatal accidents are common occurrences in Texas and throughout the country. According to the Centers for Disease Control and Prevention (CDC), in 2021 alone, there were 14,704 deaths caused by accidents in Texas. Below are some common case types we handle that often involve wrongful death:
Workplace Accidents a Leading Cause of Wrongful Death in Dallas
Wrongful deaths often occur at workplaces, and certain occupations see more fatal accidents than others. According to data from the Texas Division of Workers’ Compensation, the following industries were found to have the highest numbers of fatalities in 2020:
- Transportation and moving materials – Workers in the transportation sector face significant risks. Accidents resulting in deaths often involve other vehicles and heavy machinery. Total Fatalities: 141.
- Construction – Unsurprisingly, the construction industry also reported a high number of deaths. Construction sites are notoriously hazardous work environments. From falls from heights to building collapses, construction workers are at a higher risk of suffering fatal injuries. Total Fatalities: 125.
- Installation, maintenance, and repair – Workers involved in installation, maintenance, and repairs of things like machinery, electrical systems, and infrastructure also face significant risks. Total Fatalities: 50.
- Protective service – Protective service workers, such as law enforcement and security personnel, face inherent risks associated with their jobs. Fatalities may arise from violent encounters and criminal acts. Total Fatalities: 26.
- Management – Management is essential to all industries. Folks in this field are not immune from workplace fatalities, often linked to workplace safety oversights. Causes of death range from one-off accidents to occupational illnesses. Total Fatalities: 24.
- Cleaning and maintenance – Workers in this industry may be exposed to hazards in the buildings and facilities they care for. Deaths may be caused by things like falls from heights, malfunctioning equipment, contact with hazardous substances, and more. Total Fatalities: 21.
- Farming, fishing, and forestry – These industries often involve heavy machinery and transportation equipment, which raises the risk of fatal accidents. Total Fatalities: 21.
- Production – Production workers face various risks, including hazards related to manufacturing equipment, industrial operations, and hazardous substances. Total Fatalities: 17.
- Sales and related – We don’t usually consider office environments and white-collar professions high-risk. However, these workplaces are also not immune from wrongful deaths. Total Fatalities: 15.
Proving Negligence in Dallas Wrongful Death Lawsuits
In Texas, surviving family members can file a wrongful death lawsuit when the “wrongful act, neglect, carelessness, unskillfulness, or default” of another causes a loved one’s death. From auto accidents to product liability, this language is broad enough to include all sorts of fatal scenarios.
The vast majority of personal injury cases, including those involving wrongful death, are based on the legal concept of negligence. To successfully argue negligence, plaintiffs must prove four legal elements are more likely than not. They are as follows:
- Duty of care – You must show that the responsible party owed a duty of care to the deceased. For example, all drivers owe other road users a duty of care to operate their vehicles safely.
- Breach of duty – You must prove the responsible party breached their duty.
- Damages – Next, you must prove that the death resulted in compensable losses to the surviving family members. Again, losses may include economic and non-economic damages.
- Causation – Finally, you must establish a direct link between the breach and the death. For example, it is not enough to show that a drunk driver was on the road if their intoxication did not directly contribute to the wrongful death. In legal terms, it is necessary to prove “proximate causation.”
You must also prove you are one of the individuals authorized to file a wrongful death lawsuit in Dallas under the governing Texas statute. Additionally, you must show that you filed the claim before the deadline set by the statute of limitations.
Contact the Dallas Wrongful Death Lawyers at Shamieh Law to Schedule Your Free Consultation
If you have lost someone near and dear to your heart due to a wrongful death, we extend our sincere condolences to you and your family. We understand how painful it can be to experience this kind of loss. We want you to know that you do not need to face the situation alone.
When you choose Shamieh Law, you can rest assured that your case is in capable hands. While you grieve and care for your family, our Dallas wrongful death lawyers are here to provide the compassionate and skillful legal representation you deserve.
Our award-winning firm serves the Dallas community from our conveniently located office near the heart of downtown Dallas. Contact us today to get started with a free, no-obligation case review.
