A wrongful death claim is a type of personal injury lawsuit that is filed when someone is killed and the fault for the death lies with another party. In cases such as these, wrongful death damages may be recovered by the deceased’s parents, children, spouse, or estate. Examples include personal injuries resulting in death, fatalities caused by drunk driving, or harm caused by a defective product.
Contact a Dallas wrongful death lawyer for a free case review following the unexpected death of your loved one. Where there is fault, the law firm of Reyes Browne Reilley will find it and pursue the maximum amount of compensation allowed by Texas law. We understand that no amount of money can give you back what you’ve lost, but substantial damages can help put you back on your feet financially while your family endures the grieving process. Holding parties accountable for negligence, recklessness, or intentional misconduct can be a helpful catharsis in the healing journey and can also help establish a safer society.
Types of Wrongful Death Claims
Reyes Browne Reilley investigates the following types of wrongful death accidents:
- Car Accidents
- Truck Accidents
- DWI Accidents
- Pedestrian Accidents
- Motorcycle Accidents
- Bus Accidents
- Bicycle Accidents
- Construction Site Accidents
- Slip and Fall Accidents
Since these claims are highly complex to litigate, it is always recommended that you choose the right Dallas personal injury lawyer with experience in wrongful death claims to assist you in preparing rock-solid grounds for compensation.
How Do I Prove a Wrongful Death Claim?
In a wrongful death lawsuit, plaintiffs will need to provide clear and compelling evidence to prove:
- What happened – A certified copy of the death certificate issued by the Texas State Department of Health is customary, but you may also use a signed statement from the funeral director, attending physician, or institute where the death was pronounced. Reports from the police, medical examiner, scene investigator, state authority, or US consul can be admissible in court.
- Who was responsible – Factual statements about what the decedent and defendant were doing at the time of injury or death can be used to show how the defendant owed the plaintiff a duty of care. Expert testimony as to what a “reasonable” person would do in that situation can persuade the court. A lease, contract, hospital record, or surveillance footage can provide added context. In some cases, duty is implied – like the relationship between school administrators and students, or shoppers and retail store owners.
- Why it happened – A wide range of evidence can support claims of negligence, recklessness, or misconduct — medical records, physical evidence like clothing or vehicle wreckage, videos, photographs, black box recorder data, witness statements, or subpoenaed internal documents.
- What financial losses occurred – Pay stubs, tax returns, copies of medical bills, funeral bills, and burial plot receipts can all demonstrate loss. Personal testimony from relatives regarding how the loss affected them personally and expert testimony from forensic economists weigh heavily in court.
The amount you can collect will also depend upon the ability of the defendant to pay and the Texas State statute of limitations, so it’s important to work with a reputable law firm as soon as possible to retain your family’s right to full compensation.
What Form of Compensation Can I Receive From A Wrongful Death Settlement?
Unlike some other types of personal injury lawsuits, you cannot collect wrongful death compensation for your own grief, anxiety, depression, or suffering, but you may be able to file a survival action to collect on these losses for the decedent if he or she lingered a while before passing away.
Other acceptable losses for an accidental death caused by another party’s negligence include the “loss of companionship” for spouses or “loss of guidance” for children. The court will also consider the loss of household services, loss of household income, and loss of inheritance.
Why Should I Call Reyes Browne Reilley For My Wrongful Death Case?
Reyes Brown Reilley is the best wrongful death law firm to handle your case for a number of reasons:
- Our law firm has over 30 years of experience.
- Somos bilingües en inglés y español. (We are bilingual in English and Spanish.)
- Our team is available to take your calls 24/7.
- There is no fee or cost to you unless we win.
- We have a 98% success rate.
- Our law firm has numerous five-star reviews.
Past clients have called us a “team of superstars.” Our professionals are “helpful and informative,” “always available,” and will take care of all your needs “as quickly as possible.” We will “come to your rescue with emotional assistance,” “waste no time in getting a chiropractic appointment” or the best medical care in your area, and will “support you every step of the way.”
Clients have been surprised that we “actually fight for your money” and achieve “better than expected” results. Call Reyes Browne Reilley now for a FREE consultation with an experienced wrongful death attorney and pay nothing unless we recover compensation on your behalf.