Dallas, TX Wrongful Death Attorney

Wrongful
Death in
Texas
Understanding the Basics of
Wrongful Death Claims

What is a
Wrongful
Death Claim?
A wrongful death claim is a legal action taken by
survivors of a person who died due to the
negligence of another person or persons. Wrongful
death claims seek compensation for the costs of the
loved one’s passing, and they can be filed against a
person or organization whose mistakes or
carelessness led to the death.
CALL FOR FREE CONSULT: 972-426-2621

Damages
Sought in a
Wrongful
Death Claim
There are many ways in which a person’s passing
impacts immediate family members. Survivors can
seek compensation for some of these damages,
including but not limited to…
 Outstanding medical bills
 Lost income
 Funeral and burial costs
 Other end of life costs
 Mental anguish.

Who Can File
a Wrongful
Death Claim
in Texas?
Someone can file a wrongful death claim if they had
the following relationships with the deceased:
 Spouse
 Parent
 Child (including adults and adopted children)
 Representative of the estate (provided that a
certain period has passed and survivors have no
objections).

Who Can’t
File a
Wrongful
Death Claim
in Texas?
Siblings
Grandchildren
Grandparents
Aunts, uncles, cousins, etc.
Close family friends

Example of
Wrongful
Death Claims
- Vehicle
Accidents
Every 2 hours and 20 minutes, someone is killed in a vehicle
crash in Texas. Most of those crashes are caused by human
error. Surviving family members of someone who dies in a
crash can file a vehicle accident wrongful death claim against
the negligent driver of the other vehicle and, in some cases,
other parties that might bear responsibility, such as the
employer of the other driver or the manufacturer of a faulty
vehicle part.

Example of
Wrongful
Death Claims
- Workplace
Fatalities
Every year, around 500 workers in Texas die on the job.
Surviving family members might receive some benefits if their
loved one had workers’ compensation insurance. However,
those benefits might be insufficient or nonexistent, especially if
the worker was considered an independent contractor. Family
members can file a wrongful death claim against the employer
or a third party who is responsible for the worker’s injury.

Example of
Wrongful
Death Claims
- Medical
Malpractice
Some patient safety experts suggest that medical errors
are the third leading cause of death in the United States,
accounting for more than 250,000 deaths every year. Not
every instance of medical error constitutes medical
malpractice. But when a death is caused by a healthcare
provider’s negligence, survivors might be able to get
compensation for the losses caused by the death of their
loved one.

Example of
Wrongful
Death Claims
- Product
Liability
When a defective product leads to a death, survivors
might file a claim against the manufacturer of that
product. The product in question could be a
defective vehicle part, a faulty piece of equipment
that causes a workplace fatality or a faulty medical
device.

How to Know
if You Have a
Potential
Wrongful
Death Claim
Wrongful death claims can be complex, and determining
whether you have a solid case is difficult, especially for a
family mourning the loss of a loved one. Consulting a
wrongful death attorney is typically the best path forward
for someone to learn more about a case’s potential. Not
all attorneys handle these types of cases, so you should
make sure the attorney you consult has a track record of
successfully handling wrongful death claims.

Statute of
Limitation on
Texas
Wrongful
Death Claims
The statute of limitations for a wrongful death
claim in Texas is two years after the passing
of the deceased. There are some exceptions
to this statute, but it is always best to act as
quickly as possible to begin building your
case.

Contact
Guajardo &
Marks to
Learn More…
If you have lost a loved one and would like to learn more about
filing a claim, we encourage you to reach out to the wrongful
death attorneys at Guajardo & Marks. We have years of
experience handling wrongful death cases and we spare no
expense in building our client’s case.
Contact us today by filling out our online contact form or
calling us at 972-774-9800 to schedule a free consultation.

Dallas, TX Wrongful Death Attorney

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Dallas, TX Wrongful Death Attorney