After an unexpected loss, many families ask, “What is the legal definition of wrongful death?” Under the Texas Wrongful Death Act, a wrongful death occurs when a person’s death is caused by another party’s negligent, reckless, or intentional conduct. If you are facing this kind of loss, an Arlington, TX wrongful death lawyer can guide you through the legal process and help shoulder much of the burden on your behalf.
The right attorney can explain your options, gather evidence, and pursue a claim designed to hold the responsible parties accountable. While no legal action can replace your loved one, it can help provide stability and justice for your family.
To discuss your situation, contact the compassionate team at Branch & Dhillon, P.C. at (817) 533‑3430 for a private, no‑cost consultation.
How an Arlington Wrongful Death Attorney Can Guide and Support Your Family
Losing a loved one because of someone else’s actions is devastating, and in the midst of grief, it can be difficult to even consider taking legal action. The process can feel complicated, especially when your focus is on caring for your family.
During this challenging time, a trusted law firm can manage the legal work for you, giving you the space to focus on healing while they work to hold the responsible party accountable. At Branch & Dhillon, P.C., our team knows that a wrongful death case is about more than legal paperwork. It is about honoring your loved one’s life and protecting your family’s future.
From the very beginning, we provide steady guidance and strong advocacy, managing every step on your behalf.
How We Investigate and Build a Strong Wrongful Death Case in Arlington
The foundation of any wrongful death claim is proving that another party’s negligent or wrongful act caused the death. Our legal team begins a thorough investigation right away to uncover the facts and secure key evidence.
We often work with accident reconstruction experts for crash cases, consult medical specialists in malpractice claims, and partner with engineers when a defective product is involved. We review records, interview witnesses, and collect photos, videos, and other important documentation.
This in-depth approach allows us to build a strong case that clearly shows what happened and how it has impacted your family.
How We Handle Insurance Companies and Corporate Negotiations in Wrongful Death Cases
Many families quickly find that large insurance companies and corporations are not on their side. These entities often focus on limiting payouts and delaying claims. Our attorneys manage all communication and negotiations for you, countering these tactics with a strong, well-prepared case.
We present evidence that fully reflects your family’s losses and fight for a settlement that truly accounts for them. If the other side refuses to be fair, we are ready to present your case in a Tarrant County courtroom.
How We Calculate the Full Value of Your Family’s Losses in a Wrongful Death Claim
A key part of what we do as your Arlington wrongful death attorney is to carefully calculate the complete scope of your family’s damages, which go far beyond medical bills and funeral costs. We work with financial experts to measure lost income and household contributions, and we listen closely to you to understand the loss of companionship, guidance, and care.
We then turn those losses into a strong legal claim, pursuing compensation that reflects both the financial and emotional impact on your family. Our goal is to provide a path forward that gives your family the resources needed to move ahead with security and dignity.
Key Elements Required to Prove a Texas Wrongful Death Claim
Texas law recognizes several types of conduct that can lead to a wrongful death lawsuit. Each requires evidence that links the action or inaction directly to the fatal incident.
- Wrongful act: Intentional harm such as an assault or violent act. A family can file a civil claim even if there is also a criminal case.
- Neglect: A failure to provide proper care, such as a nursing home that ignores a resident’s medical needs.
- Carelessness: General negligence, like a driver texting behind the wheel who causes a deadly crash on an Arlington roadway.
- Unskillfulness: Professional errors, such as a surgeon making a fatal mistake or a doctor missing a diagnosis.
- Default: Failing to meet a legal duty, such as selling a defective product that leads to a fatal injury.
An experienced attorney builds a case by collecting evidence that clearly shows how one of these factors caused the loss.
Who Is Eligible to File a Wrongful Death Lawsuit in Texas?
Not every family member has the legal right to file. Texas limits this right to the surviving spouse, biological or adopted children, and parents of the deceased. These individuals may file on their own or join together. Extended relatives such as siblings, grandparents, or aunts and uncles are not allowed to bring a wrongful death claim.
If no eligible family member files a lawsuit within three months of the death, the personal representative or executor of the estate may file, unless a qualified family member objects.
Wrongful Death Claims vs. Survival Actions in Texas: What Families Should Know
Texas law also allows for a separate claim known as a survival action. A wrongful death claim compensates the family for their own losses, while a survival action recovers for the pain, medical expenses, and lost wages the deceased experienced before death.
A knowledgeable Arlington wrongful death attorney can pursue both claims in a single case to fully address the harm caused.
Types of Damages Families Can Recover in a Texas Wrongful Death Case
When pursuing a wrongful death claim in Texas, families may seek compensation for a wide range of losses. These damages are meant to address both the financial impact of the death and the profound personal effects it has on surviving loved ones.
Financial losses often include:
- Lost earning capacity and income: The wages, benefits, and financial contributions the deceased would have provided throughout their expected lifetime.
- Loss of inheritance: The money or property the deceased likely would have accumulated and passed down to family members had their life not been cut short.
Emotional and personal losses can include:
- Loss of companionship, guidance, and support: The absence of the love, advice, and presence the deceased once provided.
- Mental anguish and grief: The deep emotional pain and suffering experienced by surviving family members.
- Loss of services: The value of the practical help the deceased provided in the home, such as childcare, household maintenance, and day‑to‑day support.
In certain cases involving extreme negligence or intentional misconduct, families may also pursue exemplary (punitive) damages. These damages are not tied to a specific financial loss. Instead, they serve to punish particularly egregious behavior and to discourage similar conduct in the future.
An experienced Arlington wrongful death attorney can carefully evaluate your situation, calculate these damages, and build a strong claim that reflects the full scope of your family’s loss.
Common Causes of Wrongful Death Claims in Arlington and North Texas
In a busy region like Arlington and the greater North Texas area, wrongful death claims can arise from many different circumstances. These tragic losses often occur when everyday situations are made dangerous by negligence or misconduct. Some of the most common causes include:
- Motor vehicle crashes: Fatal accidents involving cars, trucks, motorcycles, or pedestrians are among the leading causes of wrongful death claims. Collisions on highways such as I‑20 or I‑30 often involve speeding, distracted driving, or drunk driving, which can lead to devastating losses for families.
- Workplace accidents: Industries that power the Texas economy, including construction, manufacturing, and oil and gas, carry significant risks. A single safety violation, a defective piece of equipment, or a negligent third-party contractor can result in a deadly incident on the job.
- Medical malpractice: Patients trust healthcare professionals with their lives, but errors such as surgical mistakes, delayed diagnoses, or medication errors can lead to fatal outcomes. These cases often require in‑depth review of medical records and expert testimony.
- Premises liability incidents: Property owners have a legal duty to maintain safe conditions. Fatal falls, drownings in unsecured pools, or assaults due to inadequate security measures can give rise to a wrongful death claim when those duties are ignored.
- Defective products: Manufacturers and distributors are responsible for ensuring their products are safe. When a car part, medical device, or consumer product is dangerously designed or improperly made, it can cause injuries that result in death.
Each of these situations demands a careful, evidence‑driven investigation to determine exactly what happened and who should be held responsible. A knowledgeable Arlington wrongful death attorney can guide families through this process and work to hold the at‑fault parties accountable.
Texas Statute of Limitations for Filing a Wrongful Death Lawsuit
It is important for families to understand that they have a limited amount of time to take legal action. In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s death. If a lawsuit is not filed within this two-year window, the family will almost certainly lose its right to seek compensation forever.
While two years may sound like a long time, building a strong and comprehensive wrongful death case requires a significant amount of work. It is always best to speak with an attorney as soon as you feel able, so they can begin the process of preserving evidence and protecting your family’s legal rights.
FAQs About Arlington Wrongful Death Claims
How does a criminal case affect our civil wrongful death claim?
A civil wrongful death case and a criminal prosecution are two separate and independent legal actions. The standard of proof is much higher in a criminal case than in a civil case.
This means it is possible to win a civil wrongful death claim even if the person responsible is found not guilty in criminal court. A guilty plea or conviction in the criminal case can, however, be powerful evidence in the civil claim.
How can our family afford to hire a wrongful death lawyer in Arlington?
Most reputable wrongful death attorneys work on a contingency fee basis. This means the family pays no upfront costs or attorney’s fees. The law firm advances all the costs of investigating and litigating the case.
The attorney only gets paid a fee, which is a percentage of the total recovery, if they successfully obtain a settlement or verdict for the family. If there is no recovery, the family owes no attorney’s fees.
Can we still file a claim if our loved one was partially at fault?
Yes, in many cases. Texas follows a “proportionate responsibility” rule. As long as your loved one was 50 percent or less at fault for the incident that led to their death, the family can still recover damages.
The family’s total damage award would then be reduced by your loved one’s percentage of fault. An experienced attorney can work to counter unfair attempts by the defense to shift blame onto the deceased.
Will our family have to go through a public trial?
The vast majority of wrongful death cases are resolved through a negotiated settlement without ever going to trial. A settlement can provide a faster resolution and more privacy for a grieving family.
However, the best way to secure a fair settlement offer is to prepare the case thoroughly for trial from the very beginning. This shows the insurance company and defense lawyers that you are serious and ready to go to court if they are not reasonable.
How long will a wrongful death lawsuit take to resolve?
There is no set timeline for a wrongful death case, as each one is unique. A straightforward case might settle in a matter of months, while a more complex case involving multiple defendants or disputed facts might take a year or longer to resolve, especially if it proceeds to trial.
The timeline depends on factors like the complexity of the investigation, the number of parties involved, and the willingness of the defense to negotiate in good faith.
Pursue Justice and Honor Your Loved One With an Arlington Wrongful Death Attorney
No amount of money can ever fill the void left by the loss of a spouse, a child, or a parent. The legal process does not promise to heal your grief, but it can provide a measure of justice and accountability.
A wrongful death claim is a powerful tool that allows a family to stand up and hold a negligent person or corporation responsible for the immense harm they have caused. It is a way to honor the memory of your loved one by seeking to prevent similar tragedies from happening to another family in the future.
If you have lost a family member because of someone else’s actions in Arlington or anywhere in North Texas, you do not have to navigate this path alone. An experienced Arlington, TX personal injury lawyer from our team is here to offer both legal guidance and compassion as you navigate this difficult time.
Contact Branch & Dhillon, P.C. today at (817) 533-3430 for a free and confidential consultation with one of our dedicated attorneys.