The Bonneau Law Firm will never try to talk you into hiring us. If we don’t believe we can actually put more money in your pocket than you can by handling it on your own, we will tell you so...
Wrongful Death
The loss of a loved one is always difficult, but especially so when death results from another person’s negligent actions. You 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.
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.
Today, we’re investigating a car crash where there’s a dispute in liability. The car sideswiped, and so both sides are saying it’s the other’s fault and there’s no witnesses. What we know for sure is that our client was then run off the road, his leg was crushed, and it was later amputated at the hospital.
Type of Cases We Handle
The Bonneau Law Firm handles all types of serious injury and wrongful death cases. This is all we do. In the next slide you can find a sample listing of various types of cases we handle. This list is not exhaustive, 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.
Every year insurance companies spend millions of dollars a year in advertising to convince you that they are on your side. However, they don’t tell you that they make more money by not providing you full recovery...
When semi trucks and 18 wheelers are involved in auto accidents, the result is often deadly. Unfortunately, truck accidents such as these are often caused by negligent trucking companies and their drivers. Distracted driving, driving under the influence of drugs or alcohol, failure to observe mandatory...
Riding a motorcycle can feel like a liberating experience, but it too often proves a dangerous or deadly one. Motorcyclists lack the protective shell surrounding them of car or truck drivers and are especially vulnerable to death or serious injury...
Every year hundreds of Texas residents sustain a serious personal injury due to an intoxicated driver who causes a car wreck or an intoxicated person that assaults an innocent victim. Injured persons have legal rights against
Walking is good exercise. Doctors recommend it for weight loss and overall fitness. Many people jog or run for fun or competition. It’s healthier to walk a short distance than get in the car to reach the destination – unless tragedy strikes...
A concussion can put a person out of work for several weeks and can lead to serious complications. A person diagnosed with post-concussion syndrome (PCS) may experience constant headaches, difficulty concentrating and emotional instability...
The loss of a loved one is always difficult, but especially so when death results from another person’s negligent actions. You and your family’s life are turned upside down. Not only do you mourn the loss...
Back and neck injuries may upend your life. Not only are such injuries extremely painful, but they often affect mobility. If the injury resulted from another’s negligence or a defective product, a Dallas-Fort Worth back and neck lawyer may help you receive the compensation you deserve.
If you or your child has been bitten and injured by a dog, you may file a civil lawsuit against the owner and/or handler of the animal, or a third party whose negligence contributed to the attack. However, finding the right attorney to represent you is not a simple matter of going online...
A slip and fall accident can result in serious, incapacitating injury. Such accidents are not always the fault of the victim. If the accident occurred on another person’s or entity’s property, they may be liable...
For many elderly people, old age is far from “the golden years.” Instead, it is a time when they are confined to a nursing home or assisted living facility because they are no longer able to physically and/or mentally care...
Riding a bicycle is good exercise and an energy-efficient way to travel. However, there’s a downside to this common pastime. When a motor vehicle hits a bicyclist, the result is usually devastating. If the cyclist is not killed, he or she may suffer severe....
I have nothing but a good experience with Robert Nichols at The Bonneau Law firm! He has been more than helpful during this whole process!
Felicia Rogers
2022-02-18
Grate communication always on top of things thanks for taking my case and resolve it the best way and convenient for our part than you Maria. Salacies for being such a profesional
Luis Arechiga
2022-02-07
Robert Nichols was very helpful with my case I really recommend their services thank you for helping me out
Luis Miranda
2022-02-07
Very happy client here. They were able to closed my case above my expectations. They truly worked it out and handled it to the max.
Great job Bonneu Law Firm.
Highly recommended.
Lennie Solis
2021-12-29
Robert Nichols was very helpful. Handled my case with urgency and decisiveness. Worked hard to get the best options for me and deliver on them. 100% recommend this Law Firm.
Cole Smith
2021-12-29
Responded quickly! Robert Nichols and Hunt Bonneau took time to hear my case and provide logical advice. It is evident that he cares about his clients. He let me know that he could take the case but also advised on ways to handle the situation amicably. Would highly recommend for personal injury lawyers!
Monty Albakhtari
2021-12-17
I would definitely recommend this law firm! Robert Nichols is very professional, and knowledgeable about your concerns. A very caring, and compassionate person. The kind of dim you want on your side!!!!
anna gibson
2021-11-17
I want to thank Robert Nichols for being very communicative through this whole ordeal and the Bonneau law firm he was very helpful with answering all my questions and any problems I had
kaled alshimmary
2021-11-16
Bonneau Law Firm was amazing! They fought a case that wasn’t all the way guaranteed and won! Thanks to Robert for making sure we were taken well care of. Hunt also was exceptional at knowing what to do! Great experience! 😁
Cris Brenham
2021-11-11
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 ending 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 may cause a wrongful death, but under Texas law damages for pain and suffering in almost all cases is 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. Do not give insurance company representatives more than basic information confirming the relative’s death and its date. A wrongful death attorney can help you navigate the insurance and other legal mazes during this difficult time. 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 accident reconstructionists. 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.
Nothing can bring back your loved one, but damages from a wrongful death suit can help you return to some economic normality. In Texas, you may receive damages in a wrongful death lawsuit for:
Funeral and burial expenses
Lost wages
Medical bills
Mental anguish
Loss of companionship.
There’s also “loss of inheritance,” which means loss of the current value of the assets that the deceased would likely have added to his or her estate and left at natural death to the spouse. Not all the deceased’s beneficiaries could claim loss of inheritance, as parents would not expect to inherit from their child.
In some cases, punitive damages are awarded. “Punitive” means punish, and a jury may award such damages when the defendant’s actions were particularly egregious. The monetary damages are meant to punish the defendant and also serve as a warning that society does not tolerate such behavior.
If the defendant in the wrongful death case dies while the lawsuit is still pending, or if a potential defendant dies before a suit is filed, the executor or administrator of the late or potential defendant’s estate may be named as the defendant instead. This situation often happens if the wrongful death resulted from a bad car crash, and the person responsible for the accident – the defendant – ends up dying from crash-related injuries.
Prior to the passage of the Wrongful Death Act, Texas family members could not sue for damages suffered because of the death of their loved one. With the Wrongful Death Act – also known as Chapter 71 of the Texas Civil Practice and Remedies Code – that is no longer the case, but there are some limitations. Under Texas law, only the surviving spouse, children or parents of the deceased individual – known as statutory beneficiaries – may file a wrongful death lawsuit. A surviving spouse is married to the deceased at the time of the accident – a divorced spouse has no standing to sue. The statute does not permit grandchildren or siblings to file wrongful death suits, even if the deceased took financial responsibility for these relatives. Children of a biological parent who had his or her parental rights terminated cannot sue for wrongful death. Stepparents and stepchildren cannot sue if there was never a legal adoption. Children born out of wedlock do have grounds to sue, but most provide “clear and convincing” evidence that the deceased was their biological father.
If none of these parties files a wrongful death lawsuit within three months from the date of the person’s death, the individual’s estate may file a wrongful death lawsuit. The estate may sue for any pain and suffering the deceased endured prior to death, under the Texas Survival Statute. If the deceased was killed instantly, the survival statute is not applicable. However, eligible family members retain the right to file a wrongful death lawsuit for up to two years after the deceased individual’s death date. There are exceptions to this two-year limitation. A minor child may file suit for a parent’s wrongful death once he or she reaches age 18. If the wrongful death case results from a defective product, the statute of limitations may last up to four years after the death date.
If a personal injury lawsuit becomes a wrongful death lawsuit, the statute of limitations is just one year from the death date.
Once the statute of limitations has passed, the family cannot file a wrongful death claim. In legal terms, they are “forever barred.” That is just one reason a family should seek legal counsel from an experienced wrongful death attorney as soon as possible.
If a family member has suffered a wrongful death through the negligence of another, contact The Bonneau Law Firm at (972) 325-1100 for a free consultation.
A slip and fall accident can result in serious, incapacitating injury. Such accidents are not always the fault of the victim. If the accident occurred on another person’s or entity’s property, they may be liable for enabling...
For many elderly people, old age is far from “the golden years.” Instead, it is a time when they are confined to a nursing home or assisted living facility because they are no longer able to physically and/or mentally...
Back and neck injuries may upend your life. Not only are such injuries extremely painful, but they often affect mobility. If the injury resulted from another’s negligence or a defective product, a Dallas-Fort Worth...
