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Dallas Wrongful Death Attorney

There is nothing in this world that can take the place of a loved one who has passed away, but the unforeseen passing of a family member or spouse who secured the financial and emotional stability of the household can have severe consequences for the remaining family members.

If the loss of a loved one occurred as a result of the negligence of another person, the liable individual should be held responsible for all damages they have inflicted upon the surviving family members.

The Dallas wrongful death attorneys at McGilberry & Shirer have represented over 10,000 clients in Texas, and can help families secure compensation for medical bills, pain and suffering, property damage, lost wages and more. If you and your family have recently endured the loss of a loved one and believe the recklessness of another party is to blame, it is imperative that you know your rights in order to get the justice you deserve.

How Much Is a Typical Wrongful Death Settlement?

The worth of a wrongful death lawsuit will vary depending on several different factors. Often, the accident or injury that caused the death, the presence of medical bills or prolonged suffering before the death, and the victim’s age and health at the time of death are all major elements in determining the potential amount of compensation.

Several economic damages can come into play in a wrongful death settlement, such as lost income, burial and funeral expenses, and related medical bills. There is also the potential for non-economic damages, such as pain and suffering before death, and the family’s loss of love, companionship, care, comfort, and consortium.

With all these factors in play, it’s essential to have a skilled attorney on your side when pursuing a wrongful death claim. While it can be an uncomfortable experience to try and put a monetary value on human life, you still have a right to compensation for the loss of your loved one.

Who Can File a Wrongful Death Suit?

In Texas, the primary right to file a wrongful death claim falls to the surviving spouse, children, and parents of the deceased. It is possible for these parties to file claims together or as individuals. Law also allows for adoptive parents and children to file wrongful death claims after the loss of the other, so long as the adoption was legally completed.

If any of these parties do not file a wrongful death claim three months after the date of death, then it becomes possible for the executor of the deceased’s estate to file the claim instead. The immediate family of the deceased still retains their right to file for wrongful death, even if the executor of the estate does so first.

There are also restrictions on who may file a wrongful death claim:

The executor of the estate may not file a wrongful death claim if living family members have requested not to file the claim.

  • Adoptive children may not file for the wrongful death of their biological parents.
  • Despite being immediate family, siblings may not file wrongful death claims for each other.

For help discerning whether you can file a wrongful death claim after the loss of a loved one, talk with the attorneys at McGilberry & Shirer, LLP to discuss your case.

Filing a Wrongful Death Lawsuit

In order to successfully present a case for a wrongful death, the following components are required:

  • Death resulting from either another person’s neglect or intent to inflict injury
  • Remaining family members who are suffering financial or other damages as a consequence of the death in question

Types of Compensation

If the death of your loved one was due to the negligence of another party, you may be able to collect a settlement for the following expenses and damages through a wrongful death claim:

  • Medical bills. In many wrongful death cases, the deceased received a great deal of medical care before passing away.
  • Funeral expenses. Funerals costs can be high, and such costs can add a large financial strain on top of the loss of a loved one.
  • Loss of income and benefits. If the deceased was the primary earner in a household, surviving family members may be left with little or no income.
  • Pain and suffering. Emotional and psychological trauma associated with the wrongful death of the loved one is painful, and in some cases, surviving family members may receive compensation for non-monetary damages related to such suffering.

Who Can Receive Compensation?

  • Spouses. A remaining spouse may have a case to file for the missing companionship, or loss of consortium, occurring due to the wrongful death. A remaining spouse also typically has a case for any emotional trauma resulting from the loss.
  • Children. Children who are minors, but usually not adult children, may be able to receive compensation for the missing relationship with their parent.
  • Parents. Parents of a minor can receive compensation for damages such as emotional pain associated with losing their child.

Causes of Wrongful Death

While the causes of a wrongful death vary greatly depending on the situation, some typical explanations include:

  • Medical malpractice
  • Pharmacy errors
  • Animal attacks
  • Car or airplane accidents
  • Criminal actions, such as assaults resulting in death
  • Exposure to a deadly or dangerous product
  • Exposure to toxic and/or harmful environments or substances while on the job
  • Negligence of security, leadership or authorities during supervised activities or procedures

Your family doesn’t deserve to suffer any longer. If you are currently experiencing hardship caused by the wrongful death of a loved one, contact the Dallas personal injury attorneys at McGilberry & Shirer or call (972) 392-1225 to schedule a no-commitment consultation today.