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
Nothing compares to the heartache of losing a loved one to a preventable tragedy. If your loved one died due to someone else’s carelessness, you may have legal options to get justice, compensation, and closure.
Shamieh Law is here to help you and your family during this challenging time. Our Dallas wrongful death lawyers have a strong track record of securing settlements for medical costs and damages for pain and suffering. We’re ready to put this experience to work in your favor. Call (866) 562-4770 or contact us online to schedule your free consultation today.
Why Choose Shamieh Law to Handle Your Dallas Wrongful Death Lawsuit?
You’re dealing with enough after your loved one’s untimely death. Allow Shamieh Law to take care of the legal details so you can focus on healing.
We are committed to seeking the compensation your family needs to move forward. Our wrongful death lawyers in Dallas can build a strong case with supporting evidence proving the defendant’s fault for your loved one’s death. We’ve helped countless grieving families throughout Texas seek justice and accountability, and we want to do the same for you. The 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
- $5,000,000 arbitration result when an employee was tragically murdered by a robber after repeatedly outcrying that more security was needed
- $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
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.
Timeline for Wrongful Death Claims in Texas
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 time. However, the more you wait, the more time there is for important evidence to deteriorate or disappear.
We offer a free consultation to discuss your Dallas wrongful death case. During this consultation, we’ll listen to your story and determine whether you have a strong claim.
The subsequent timeline varies from case to case, though most follow a similar pattern. First, we’ll investigate your loved one’s death to determine who is liable and gather evidence. Next, we’ll prepare a demand letter to the responsible party or their insurer, giving them a chance to negotiate a fair settlement.
If they refuse to compensate you fairly, we have the skills and resources needed to seek justice, accountability, and compensation in court. Our team will keep you updated as your case progresses and provide the individualized support your family needs to confidently move through the legal process.
The Discovery Rule: Exception to the Statute of Limitations
One of the most common exceptions to the personal injury statute of limitations is the discovery rule, which can extend the two-year deadline if you don’t discover the cause of your loved one’s death until after it occurs.
This exception may apply, for instance, if your loved one died from an unexplained illness and you found out years later that it was caused by exposure to toxic chemicals. The discovery rule can also apply if your loved one died from a misdiagnosis and you didn’t discover the medical malpractice until after their passing.
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 damages may compensate your family for financial losses you suffered due to your loved one’s death, including:
- Medical bills resulting from the death
- Income the deceased would have contributed to the family
- Loss of benefits, including health insurance, pension funds, and retirement funds
- Funeral and burial expenses
Non-economic damages compensate for more subjective losses that don’t easily reduce to dollar value. Non-economic damages in wrongful death claims include the pain and suffering of the deceased. Loss of companionship and society are other examples of non-economic damages.
Punitive Damages
Texas courts rarely award punitive damages, also known as exemplary damages. This form of damages is designed to punish at-fault parties for reckless or otherwise reprehensible misbehavior, such as fraud, malice, or gross negligence.
Our wrongful death lawyers in Dallas will advocate in favor of punitive damages where possible in your case. Texas law caps the punitive damages you can receive. Your punitive damages cannot exceed the greater of:
- Two times the amount of economic damages, plus the amount of non-economic damages (up to $750,000).
- $200,000.
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 We See 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 2022 alone, accidents caused 15,252 deaths in Texas.
Texas has one of the lowest accidental death rates in the nation. However, innocent Texans still lose their lives due to other people’s carelessness every day. Shamieh Law has extensive experience in delivering justice to families who have lost loved ones because of negligence. Below are some common case types we handle that often involve wrongful death:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Defective products
- Nursing home abuse
- Workplace Accidents
Workplace Accidents Are a Leading Cause of Wrongful Death in Dallas
Proving Negligence in Dallas Wrongful Death Lawsuits
Wrongful deaths often occur at work. Our attorneys have handled numerous cases like this. For example, we secured $5 million for the family of a retail employee murdered in a robbery and $9.5 million for the family of a worker who fell due to a lack of safety equipment.
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 2022:
- Transportation and material moving – Workers in the transportation and warehousing sector face significant risks. Accidents resulting in deaths often involve other vehicles and heavy machinery. Total Fatalities: 197.
- Construction and extraction – 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: 133.
- 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: 57.
- 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: 35.
- Building and grounds 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: 28.
- Production – Production workers face various risks, including hazards related to manufacturing equipment, industrial operations, and hazardous substances. Total Fatalities: 23.
- 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: 16.
- 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: 9.
- Farming, fishing, and forestry – These industries often involve heavy machinery and transportation equipment, which raises the risk of fatal accidents. Total Fatalities: 9
The vast majority of personal injury cases, including those involving wrongful death, are based on negligence. In Texas, surviving family members can file a wrongful death lawsuit when someone else’s negligence causes a loved one’s death. To successfully argue negligence as a surviving family member, you must prove four legal elements:
- 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 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. Compensable losses may include economic and non-economic damages.
- Causation – Finally, you must establish a direct link between the breach and death. For example, it is not enough to show that a driver was drunk if their intoxication did not directly contribute to the wrongful death.
You must also prove you are one of the individuals authorized to file a lawsuit in Dallas under the Texas wrongful death 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 Uptown Dallas. Contact us today to get started with a free, no-obligation case review.
