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Date Last Updated: October 23, 2026
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.
Our legal team at 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 our experience to work in your favor. Call 469-813-7332 or contact us online to schedule your free consultation today.
Who Can File a Wrongful Death Claim in Dallas
In Dallas, a wrongful death claim in Texas may be filed by the deceased person’s surviving spouse, children, or parents. Under the Texas Wrongful Death Act, one or more of these family members can file a lawsuit on behalf of all eligible family members.
If none of them files a claim within three calendar months of the death, the personal representative of the deceased person’s estate may file the lawsuit. However, the representative cannot file if the surviving spouse, children, and parents request that no lawsuit be brought.
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.
Dev frame quote in this section and attribute it to Ramez:
If you lost a loved one in Texas, the wrongful death beneficiaries, and those are the people that can file a claim on behalf of the deceased person, are the parents, the spouse, and any children. So if you have a combination of those three, they can all file their own claim on behalf of the deceased for their own damages.
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 and 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 $200,000 or two times the amount of your economic damages, plus the amount of non-economic damages (up to $750,000).
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 cases where the damages for lost wages and other economic damages exceed 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 that you consult with a tax advisor before deciding how to proceed with receiving wrongful death settlements.
Why Choose Shamieh Law to Handle Your Dallas Wrongful Death Lawsuit?
At Shamieh Law, our team is committed to handling the legal details on your behalf and pursuing the compensation your family needs to move forward. Whether your loved one died in a car crash, boating accident, at work, or on someone else’s property due to negligence, our wrongful death lawyers in Dallas will leave no stone unturned in pursuit of justice and accountability.
The case results below are just a few examples of the settlements our Dallas personal injury lawyers have recovered for past clients:
- $9,500,000 when a worker fell 30 feet to their death due to a 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
- $1,000,000 when a charter bus driver lost their life in a head-on collision caused by another driver
- $1,000,000 when an employee was murdered by a disgruntled patron who returned to the business
- $500,000 when an ATV accident claimed the life of our client’s son.
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, as well as 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
Texas Wrongful Death Claim Statute of Limitations and Time Lines
Texas’ statute of limitations for personal injury generally gives families two years from the date of their loved one’s death to file a wrongful death claim, but exceptions may apply. If you wait too long and miss the filing deadline, the court may dismiss your case. Acting promptly can also help preserve important evidence.
Once a claim is filed, the subsequent timeline varies from case to case, though most follow a similar pattern. First, we’ll investigate your loved one’s death, gather evidence, and identify those responsible. Then, we’ll send a demand letter to the responsible party or their insurer to pursue a fair settlement.
If negotiations fail, we can take your case to court to seek accountability and compensation. We’ll keep you informed and guide your family through each stage of the process.
We offer free, no-obligation consultations to discuss your potential Dallas wrongful death case and go over your legal options.
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.
The Municipality/State Rule: Exception to the Statute of Limitations
In Texas, wrongful death cases can be a little bit different when dealing with a city or a municipality. Here’s why. Cities and municipalities in Texas have limits to how much you can recover against them. And they’re designed by statute, meaning laws that are passed to protect cities and municipalities.
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 2024 alone, accidents caused 14,432 deaths in Texas.
Accidents rank as the third-leading cause of death in Texas, according to the CDC. When someone’s carelessness leads to a fatal accident, the consequences can devastate families and leave loved ones grieving. Our firm has extensive experience in securing justice for families who have lost loved ones due to 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
Understanding Fatal Workplace Accidents in Dallas
Fatal workplace accidents can happen across industries, regardless of a worker’s role. Unsafe equipment, dangerous conditions, or inadequate safety measures can put employees at risk of losing their lives.
Jobs with common workplace hazards include:
- Transportation and material moving: Crashes involving other vehicles or heavy machinery
- Construction and extraction: Falls, falling objects, and building collapses
- Installation, maintenance, and repair: Electrical shocks and faulty equipment
- Protective services: Fatal injuries during violent encounters
- Building and grounds maintenance: Falls and exposure to hazardous substances
- Production: Accidents involving industrial machinery
- Sales and management: Workplace violence and unsafe conditions
- Farming, fishing, and forestry: Machinery accidents and transportation hazards
Our attorneys have handled numerous fatal workplace accident cases. We secured $5 million for the family of a retail employee who was murdered during a robbery. In another case, we obtained $9.5 million for the family of a worker who died in a fall caused by inadequate safety equipment.
Proving Negligence in Dallas Wrongful Death Lawsuits
- 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.
What is a Survival Action and How Is It Different from a Wrongful Death Claim?
| Survival Action | Wrongful Death Claim | |
|---|---|---|
| What it measures | What the victim suffered before death | What the family lost after death |
| Who can file | Estate executor or representative | Surviving spouse, children, or parents |
| Damages recovered | Victim’s pre-death pain, suffering, medical bills, and lost wages | Family’s loss of financial support, loss of companionship, and mental anguish |
| Where the money goes | Into the decedent’s estate | To the surviving family members |
| Statute of limitations | Typically, two years from the date of death | Typically, two years from the date of death |
Our Team Has Experience with Wrongful Death Accidents across Dallas-Fort Worth. We’re Here for You
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 online or call 469-813-7332 today to get started with a free, no-obligation case review.