Dallas Wrongful Death Lawyer
The Dallas wrongful death lawyers at Shamieh Law are here to support you in your hour of need. We focus on providing high-quality, compassionate legal representation to all of our clients. With a strong track record of success and a commitment to service, we have what it takes to help you fight for justice. Call us at (866) 912-8922 to schedule your free consultation today.
1111 W. Mockingbird Lane Suite 1160 Dallas, TX 75247
Losing a loved one can be an extremely challenging experience, especially if their death was caused by a preventable accident. As you grieve this kind of loss, a lawsuit may be the last thing on your mind. However, you and your surviving family members are likely entitled to significant legal compensation through a wrongful death claim.
Our team of Dallas personal injury attorneys have extensive experience with wrongful death claims and can help you understand and exercise your right to seek legal compensation. We understand the pain our clients suffer from this kind of loss and are committed to fighting tirelessly on their behalf.
We treat each client like family, and you can count on us to prioritize your interests throughout the life of your case. Contact us today to get started with a free, no-obligation case review.
Why Choose Shamieh Law to Handle Your Dallas Wrongful Death Lawsuit?
Leaning in on a strong support network is often critical after losing someone we love to a wrongful death. Of course, your friends and surviving family members are an integral part of this network.
A knowledgeable, experienced, and compassionate legal team fighting in your corner can also provide a sense of closure and peace of mind. Our wrongful death lawyers in Dallas fight relentlessly on behalf of our clients. You can count on us to do the same for you.
Excellent Case Results and Client Testimonials
When choosing the right law firm to handle your wrongful death claim, results speak louder than words. At Shamieh Law, we have proudly helped injury victims and their families throughout Texas secure millions of dollars in compensation. Here are a few of the wrongful death case results we have helped our clients secure:
- $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.
We are also extremely proud of the excellent reputation we have developed among our clients, shown in the many positive reviews of Shamieh Law. Further, our dedication to excellent service has earned us recognition by numerous professional publications and organizations, including:
- Super Lawyers
- Texas Lawyer
- The National Trial Lawyers Top 100
- The Million Dollar Advocates Forum
- The American Institute of Personal Injury Attorneys
Our Philosophy: “Winning With Awareness”
Many firms prioritize winning at all costs, even if it means undermining their relationships with their clients and professional contacts. At Shamieh Law, we prefer to practice “Winning With Awareness.” This means that 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.
It also means that we treat our clients and everyone involved in their case with the dignity, compassion, and respect they deserve. We treat each person who entrusts us with their case like a valued member of our own family rather than “just another client.”
We also understand that each case is unique. Therefore, we carefully tailor our strategies to fit the specific needs of each situation our clients face. We take immense pride in going the extra mile. Whether answering difficult questions or pushing for full and fair compensation in settlement negotiations, we support you every step of the way.
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
We understand the challenges folks face in the aftermath of wrongful deaths. Your well-being is important to us, and we are here to help you and your family exercise your legal rights. Our award-winning Dallas wrongful death lawyers have the skills, experience, and resources needed to get your case started on the strongest footing possible.
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:
- Motor vehicle accidents – Wrongful deaths resulting from auto accidents in Dallas and throughout Texas are tragically common. In 2022, Texas roads saw 4,481 motor vehicle fatalities.
- Defective products – Products with design or manufacturing defects can malfunction and cause fatal accidents. Surviving family members may be able to pursue significant compensation through product liability lawsuits against manufacturers and distributors.
- Premises liability accidents – Poor maintenance, unaddressed hazards, and negligent security can result in slip and fall accidents, leading to wrongful deaths. In Texas, property owners and managers must ensure their properties are safe for lawful visitors. When their failure to do so leads to injuries or death, a court can order them to compensate victims and their surviving family members.
- Nursing home abuse – Neglect or abuse in nursing homes is startlingly common and can result in wrongful deaths. Improper care, physical abuse, or medical neglect can result in fatal consequences for vulnerable residents. Families of Dallas nursing home abuse victims may be eligible for compensation from a wrongful death claim.
These are just a few of the innumerable scenarios that can give rise to wrongful death lawsuits. Regardless of the circumstances, our Dallas wrongful death attorneys have what it takes to handle your case from beginning to end. Let us put our experience to work for you.
Occupational Wrongful Deaths: How Common are Fatal Workplace Injuries in Texas?
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 working in this field are not immune from workplace fatalities, which are 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 take care of. 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 normally think of office environments and white-collar professions as high-risk. However, these workplaces are also not immune from wrongful deaths. Total Fatalities: 15.
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. It is as simple as that. 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 normally come in three categories: economic, non-economic, and punitive.
Economic damages are relatively easy to quantify and designed to restore personal injury victims to the financial state they were in before their injury. By contrast, non-economic damages are designed to compensate for aspects of a loss that are more difficult to reduce to a monetary value due to their subjective nature. Together, 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, also known as exemplary damages in Texas, are awarded more rarely. 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.
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, and 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.
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.
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.
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.
Frequently Asked Questions About Wrongful Death Cases
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.
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