Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Victoria Pearce
Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Coping with the unexpected loss of a loved one can cause emotional hardship. In addition, you may be faced with expenses from medical bills to funeral arrangements, all while having lost your loved one’s wages.
Finding the right lawyer can help sort through the noise and provide an advocate to ensure your rights are respected. We’ve identified the top 10 wrongful death lawyers based on objective criteria. We also clarify the laws impacting wrongful death claims to help you make informed decisions during this challenging time.
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Best Wrongful Death Attorneys in Dallas
Compare Top Wrongful Death Attorneys
Filing a Wrongful Death Lawsuit in Texas
Wrongful death lawsuits are meant to reimburse surviving family members for their damages when a loved one is killed due to someone else’s negligence. This often includes reimbursement for economic damages, such as medical bills or funeral arrangements. It can also include recovery for non-economic damages, such as loss of companionship.
To prove that a death was wrongful, you need to establish several factors: that someone owed your loved one a duty of care, that they failed to meet that duty of care, and that their actions led to the damages you have suffered.
Texas Statute of Limitations for Wrongful Death Cases
Wrongful death cases must be filed in Texas within two years from the date of death. This requirement comes from the statute of limitations that applies to personal injury claims, including wrongful death claims. Keep in mind that the two years run from the date of death, not from the date of an accident that may have led to the death.
Failing to file your wrongful lawsuit before the statute of limitations has run can lead to your case being dismissed. Identifying when your case must be filed is one of the things a wrongful death lawyer can help you sort out.
Texas Wrongful Death Laws
Texas has several laws that impact wrongful death lawsuits. The primary laws you should consider include the following:
- Limits on who can file. A wrongful death lawsuit can be filed by a surviving spouse, child or parent of the deceased. If none of these qualifying family members file within three months of the death, then a representative of the deceased’s estate may also file.
- Survival claims by the estate. When a person dies following an incident that would have given them a right to a personal injury claim, the estate of that person retains the right to pursue that claim. Essentially, this means that a personal injury case can go forward even if one of the parties is deceased.
- Medical malpractice damage caps. Most wrongful death cases in Texas are not subject to caps on the amount you can recover. However, medical malpractice claims are capped at $500,000, with a limit of $250,000 per claimant. These caps apply only to non-economic damages. Economic damages, such as medical expenses or funeral costs, are not subject to the cap.
- Proportionate responsibility. Wrongful death cases, like personal injury claims, require the court to establish fault for the incident that caused the injury or death. In order to recover any damages, you must show that the deceased was 50% or less at fault for the incident. The amount that can be recovered can also be decreased by the fault percentage. This is a result of comparative negligence rules in Texas.
Wrongful Death Settlement Considerations
It is common for wrongful death cases to settle before going to trial. Once a settlement has been finalized, compensation is disbursed to claimants after deductions for attorney’s fees.
In Texas, many attorneys take on wrongful death cases on contingency. This means that they are paid a percentage of any compensation they obtain for you. The percentage amount can vary by attorney and may be higher for more complicated cases. It usually runs between 33.33% and 40%.
Settlement compensation is often paid out by insurance companies in wrongful death cases. If the defendant was not insured, or if the settlement is for more than was covered by the insurance policy, then the defendant may be required to pay directly.
Wrongful death settlements are not subject to U.S. taxes in most cases. Discussing your case with a tax expert to understand any tax liability entirely is best. Texas does not tax wrongful death settlements through state law.
How Can an Attorney Help You?
If you are grieving the loss of a loved one, then sorting out insurance filings and paying expenses may seem like far too much to handle. A lawyer who is familiar with wrongful death cases can help streamline the process and make sure you have a chance to recover damages.
Defining fault for accidents that have led to a wrongful death claim is a vital part of case preparation. A wrongful death lawyer will have access to resources you don’t have on your own. They can draw on medical experts, comparative case data and testing facilities to build support for your claim.
A wrongful death lawyer is also well-placed to help you understand your options and avoid legal errors. Filing a lawsuit is stressful at any time, so having support from someone who thoroughly understands the process can be a big help.
How to Find the Best Wrongful Death Lawyer in Dallas, TX
Wrongful death cases are complex and time-consuming. At the same time, damage compensation in these cases can be in the millions of dollars. Keep these considerations top of mind when you are picking a lawyer to represent you:
- Experience with wrongful death cases. Wrongful death cases are often high-stakes and complicated. Look for a lawyer who has handled this type of case, especially cases similar to yours. The evidence in a case involving a car accident could be very different from a case of failed surgical practice.
- Courtroom experience. Most wrongful death cases are resolved with a settlement, but occasionally a trial is necessary. Hiring a lawyer who is comfortable in the courtroom sends the message that you are willing to pursue your case as far as you must to receive a fair outcome.
- Fee structure. These types of cases are usually taken by a lawyer on contingency. The attorney will earn a percentage of any compensation you receive. Make sure you understand what you will owe your lawyer following a settlement and any fees you might have to pay out of pocket.
- Comfort level. This is a sensitive case that can bring out many emotions. Choose a lawyer who makes you feel comfortable and who can commit to communicating with you in a way that aligns with your expectations.
Methodology
To come up with the best wrongful death lawyers in Dallas of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How do I file a wrongful death lawsuit in Texas?
Your first step to file a wrongful death lawsuit in Texas should be speaking with a lawyer. It is important to take this step quickly to avoid missing the time limits for filing. Your lawyer can help with the remaining steps to pursue a wrongful death lawsuit in Texas, which include:
• Requesting a death certificate
• Establishing whether the deceased left a will
• Investigating the cause of death
• Identifying surviving family members who are qualified claimants
• Documenting damages suffered as a result of the death
Who is entitled to wrongful death benefits in Texas?
A surviving spouse, child, or parent of the deceased is eligible to bring a wrongful death claim in Texas. If no eligible family member files a claim within three months of the death, then the estate of the deceased may also bring a claim on behalf of the estate.
What is the average compensation for wrongful death in Texas?
A wrongful death case in Texas typically reaches a settlement between $500,000 and $1 million. Cases can grow into several million dollars in compensation in some circumstances. A final settlement amount is affected by insurance coverage, the evidence of wrongdoing, and likely jury sentiment.
