The loss of a loved one is always difficult but especially so when death results from another person’s negligent actions. Your life and your family’s life are turned upside down. Not only do you mourn the loss of your loved one, but you may have lost your primary provider. An experienced Dallas-Fort Worth-area wrongful death attorney can help you get the compensation you deserve to get your life back on track.
Filing a Wrongful Death Claim
If you lose a close loved one because of a fatal accident, you may have grounds to file a wrongful claim against the individual or entities responsible. Wrongful deaths result from someone else’s intentional or negligent act.
The majority of wrongful deaths in Texas result from motor vehicle accidents, but deaths occur from many other causes besides car, truck, or motorcycle crashes. Other common accidents resulting in wrongful death lawsuits include those occurring at construction and other work sites.
Type of Cases We Handle
The Bonneau Law Firm handles all types of serious injury and wrongful death cases. This is all we do. Here is a list of some of our practice areas, and regardless of whether you see your type of case, we invite you to call us to discuss whether we are the right firm for you.
- Auto/car accidents
- Truck accidents
- Motorcycle accidents
- Drunk driving accidents
- Pedestrian accidents
- Concussion and brain injury
- Back and neck injury
- Dog bites
- Slip and fall
- Nursing home abuse
- Bike accidents
Product Liability Cases
Not all wrongful death cases involve accidents. People die from defective drugs or products. Perhaps a family member was prescribed a treatment or drug for one condition that ended up causing death. The death didn’t necessarily have to occur soon after using the medication. A drug may turn out to be carcinogenic—or cancer-causing. If the person develops cancer after using the drug and dies, the family can file a wrongful death suit against the drug manufacturer.
Medical Malpractice Cases
Medical malpractice may cause a wrongful death, but under Texas law, damages for pain and suffering, in almost all cases, are capped at $250,000. Medical expenses and lost wages are not included in the cap. Because of this law, medical malpractice claims are extremely difficult to pursue.
Under Texas law, an unborn child may be the deceased named in a wrongful death claim if an accident or defective product caused the unborn child’s death. If the wrongful death arises from a medical malpractice situation, the baby must have been born alive and then died.
Personal injury claims can become wrongful death claims if the deceased dies from the injury under the Texas Survival Statute.
Proving Fault
Texas uses what is colloquially known as the “51” percent rule for assessing negligence. If the plaintiff shares more than 50 percent of the responsibility for the incident resulting in negligence, they cannot sue for damages. Insurance companies count on family members becoming too distraught and emotional after a tragic death that they will not remember or misremember details of the accident.
A wrongful death attorney can help you navigate the insurance and other legal mazes during this difficult time. Do not give insurance company representatives more than basic information confirming the relative’s death and date of death. If the liability is obvious, an insurance company might make a decent settlement offer. If that is not the case, the wrongful death suit goes to trial. It is possible that a settlement satisfactory to both parties is reached before the trial begins. An attorney will collect evidence and interview witnesses. The case may require the hiring of an accident reconstructionist specialist. Preparation for a wrongful death case can take a considerable amount of time, but it is necessary to gather as much evidence and information as possible to successfully prove fault.