Seeking Justice When You’ve Lost Loved Ones | The Wrongful Death Attorneys You Can Trust
When your loved one dies because of the careless or wrongful acts of another person, there’s simply no way to turn back the clock and get your old life back. That doesn’t mean, though, that you don’t have the right to hold the at-fault party accountable for their actions. After an accidental or wrongful death in the Dallas metro area, the attorneys at Bailey & Galyen can help.
At Bailey & Galyen, we have fought for the rights of personal injury victims across the state of Texas for more than 40 years, including many people who have lost loved ones in tragic accidents caused by the negligence of others. In our decades in practice, we have recovered hundreds of millions of dollars in compensation in personal injury and wrongful death lawsuits. We understand that the keys to a successful outcome are hard work, dedication and a commitment to listen, so that we have a clear idea of your needs. We strive to be available and accessible whenever you have questions or concerns.
We offer a free initial consultation in all wrongful death claims. To arrange a meeting with a compassionate and detail-oriented Dallas wrongful death attorney, contact Bailey & Galyen online or call our offices at 972-449-1241.
What Is Wrongful Death?
A death is considered to be “wrongful” when it is caused by the carelessness, negligence or legal misconduct of another person. Though survivors may file a wrongful death claim in the aftermath of an intentional act that causes death, the vast majority of wrongful death lawsuits are based on claims of negligence, where the party who caused the death failed to act as a reasonable person would under the circumstances. The laws governing wrongful death are imposed by state laws and may vary from jurisdiction to jurisdiction. In Texas, a death is deemed to be wrongful if caused by “[a] wrongful act, neglect, carelessness, unskillfulness or default.” The Texas wrongful death laws apply to persons already born, as well as to fetuses.
How Is Wrongful Death Different from Other Types of Personal Injuries?
A wrongful death claim is essentially a form of personal injury lawsuit, except that the injuries sustained result in death. In a typical personal injury claim, the person actually suffering the injuries will customarily be the plaintiff in a lawsuit. However, in a wrongful death claim, because that person is deceased, the civil lawsuit is either filed by surviving family members or by the estate of the deceased. In Texas, if a surviving spouse, child or parent of the decedent does not file a wrongful death claim within three months of the date of death, the executor or personal representative of the deceased’s estate may do so, unless all family members direct otherwise.
A wrongful death lawsuit also differs from a criminal prosecution related to a death. The potential penalties for a criminal prosecution include incarceration and may involve restitution, whereas a wrongful death lawsuit seeks damages, or monetary compensation for the losses caused by the wrongful death.
Common Types and Causes of Wrongful Death in Dallas, Texas
Because wrongful death claims are essentially personal injury claims, any type of personal injury may be the basis for a wrongful death claim. Common situations leading to wrongful death include:
- Motor vehicle accidents—Automobile, truck, motorcycle and mass transit crashes
- Slips, trips and falls—Falls on wet or slippery floors or surfaces, broken stairs or sidewalks, defective or damaged carpet, linoleum or other flooring;
- Workplace injuries, including construction accidents, falls from heights, falling objects, work-related motor vehicle accidents, exposure to toxic substances, and the malfunction of or exposure to dangerous or defective tools, machinery
- Dangerous or defective products, including appliances, motor vehicles or parts, toys, clothing, tools, sporting equipment and other products
Though most wrongful death claims are based on allegations of carelessness or failure to act reasonably, survivors may also seek compensation for wrongful deaths intentionally committed, including fatalities arising out of physical assault.
Who Can File a Wrongful Death Claim in Dallas, Texas?
Under Texas law, the spouse, child or parent of the deceased has legal standing to seek compensation by filing a wrongful death claim. The executor or personal representative of the decedent’s estate may also seek damages, but only if the spouse, children and parents fail to file a complaint within 90 days of death.
What is the Statute of Limitations on Wrongful Death in Texas?
Persons with a valid wrongful death claim in Texas must file a lawsuit within two years of the date of death.
Do Wrongful Death Claims Differ from Survival Actions?
Texas distinguishes between a wrongful death lawsuit and a “survivor action.” The Texas Survival Statute allows the heirs, legal representative or estate of a deceased person to bring a personal injury claim on their behalf as if they were still alive. The damages available in a survival action include:
- Funeral and burial expenses
- Any unreimbursed medical expenses incurred because of the accident, but before death
- Any property damage resulting from the accident
- Lost wages or income caused by the injuries before death
Does Insurance Cover Wrongful Death in Dallas?
Yes. Virtually all life insurance policies provide for payment of death benefits after the accidental or wrongful death of a policyholder.
The Benefits of Hiring Our Dallas Wrongful Death Lawyers
What Kinds of Damages Are Available in a Dallas Wrongful Death Claim?
In Texas, there are generally five different types of damages that may be recovered by survivors after an accidental or wrongful death:
- Compensation for the financial support the decedent would have provided
- A monetary award for the lost care, support, services, advice and counsel that survivors would have received from the deceased
- Compensation for the mental anguish, pain and suffering of surviving family members
- Any lost inheritance, including amounts the decedent would likely have saved, had he or she lived
- Compensation for the loss of love, comfort, companionship, consortium and society of the decedent
Trust Our Skilled Wrongful Death Attorneys | Contact Us for a Free Consultation
At the law offices of Bailey and Galyen, with offices throughout Texas, we are dedicated to ensuring your total satisfaction with our services. You can call us at 972-449-1241 anytime, 24 hours a day, seven days a week. Appointments can also be scheduled online. We are happy to meet with you evenings or weekends, if necessary, and can travel for an appointment, upon request.
We handle all wrongful death lawsuits on a contingency basis. We will only charge attorney fees if we recover compensation for the death of your loved one.
Bailey & Galyen Attorneys at Law – Dallas Office
2777 North Stemmons Freeway, Suite 1150
Dallas, TX 75207
Phone: 972-449-1241
