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Dallas Wrongful Death Attorney

Carrollton Wrongful Death Lawyer

Who Can File For A Wrongful Death Claim?

When a loved one is taken away too soon, the surviving family members may not know where to turn. There is no replacing what you have lost, but that doesn't mean you are helpless. If the negligence of another person or party led to the death of your family member or loved one, Jerry D. Andrews, P.C. can help you hold them responsible for their actions. We can work with you to put together a case for the compensation you deserve to start putting your life back together again.

Grand Prairie Lawyer for Wrongful Death Cases

Attorney Jerry D. Andrews is a Texas board-certified personal injury trial lawyer who has tried over 30 personal injury cases and has secured many successful verdicts and settlements. Types of wrongful death cases that our firm can provide you with representation include:

Motor vehicle accidents - Whether caused by reckless driving, distracted driving, drunk driving, or another cause, car accidents are a leading cause of wrongful deaths in Texas and across the country. Given their size and weight, truck accidents account for a disproportionate number of serious injuries and wrongful deaths. Depending on the cause of the accident, the driver, trucking company, or warehouse may have liability for a fatal crash. In some cases, defective parts or design flaws can cause a fatal car accident. In this scenario, the manufacturer can be held responsible.

Work accidents - On-the-job injuries can turn deadly on a dangerous job site. Whether the fatal accident involved a construction site, oil and gas drilling site, factory, or any other type of workplace, we will provide skilled assistance and hold the negligent parties responsible.

Dangerous or defective products - Manufacturing defects, design defects, lack of warnings or instruction, and generally hazardous products can all cause catastrophic injuries and wrongful deaths. We work to hold negligent companies responsible in product liability cases for their dangerous and defective products.

Jerry D. Andrews, P.C. takes a detail-oriented approach to each wrongful death case, identifying how the catastrophic accident happened and the extent of your loss. In the case of a vehicle accident, we will gather information from witnesses and police reports, visit the site of the accident, and consult accident reconstructionists to build a strong case. For all cases, we work hard to help families seek justice and move on with peace of mind.

Bringing Results to Wrongful Death Cases in Mesquite

In cases of wrongful death, the stakes are often very high for remaining family members. Beyond the obvious emotional toll, cases involving a primary wage earner will bring worries about financial stress. At the same time, the death of a parent leaves a widow with the burden of raising children on their own.

At Jerry D. Andrews, P.C., we stand ready to pursue the best course of action in your case to hold the responsible parties accountable for their actions and to secure the compensation you deserve. In some cases, the family may opt for a settlement in a wrongful death case to allow the family to get on with their lives without having to go through protracted litigation. However, insurance companies want a quick settlement and will seek to minimize compensation. We are always prepared to take a case to court where a group of your peers decides the damage awards. This option for litigation is often the best in wrongful death cases.

Please view the verdicts and settlement page to learn more about how Mr. Andrews has helped families recover fair compensation for their losses.

Wrongful Death FAQs

Q

What Is a Wrongful Death Lawsuit?

Answer: A wrongful death lawsuit is a civil lawsuit brought by the surviving family members of a person who lost their life due to the carelessness or malicious actions of another. A wrongful death claim can help survivors recover compensation for the wrongful loss of their family member.

Q

How Long Does a Wrongful Death Lawsuit Take?

Answer: The amount of time needed to resolve a wrongful death lawsuit will depend on how complex the case is and whether it can be settled out-of-court. In relatively clear-cut cases, such as those where the decedent was killed by a drunk driver who was convicted of intoxication manslaughter, a lawsuit can often be settled in a matter of months. However, if there is a substantial dispute over whether the defendant was negligent in causing the death, or if the case must go to trial, it may take several years to resolve.

Q

What Constitutes Wrongful Death in Texas?

Answer: In Texas, a loss of life is generally considered a wrongful death if it was caused by another party’s negligence, recklessness, or malicious conduct. For example, if a driver carelessly speeds through a red light and fatally injures someone, that would most likely be considered a wrongful death.

Q

What Is the Average Payout for Wrongful Death in Texas?

Answer: It is very difficult to state an average amount that may be recovered through a wrongful death lawsuit, as so much is dependent on case-specific factors. For example, the decedent’s expected lifetime earning potential plays a large role in determining how much compensation their surviving family is entitled to, and their age, work experience, and other factors may play a role in calculating this amount. Additionally, compensation can include things like medical costs incurred by the decedent before they passed. Many wrongful death settlements reach well over $500,0000, but the payout can be much greater depending on the circumstances of a case.

Q

Who Can File a Wrongful Death Claim in Texas?

Answer: In Texas, only immediate family members of the decedent or the decedent’s personal representative can file a wrongful death lawsuit. Generally, recovery is reserved for the decedent’s surviving spouse, children, or parents.

Q

How Do You Prove Wrongful Death in Texas?

Answer: In a wrongful death lawsuit, you will need to prove that another party had a duty to your loved one and violated that duty. This may be as simple as stating that all drivers have a duty to others on the road to use reasonable care in avoiding an accident, and then showing that the defendant violated that duty by carelessly speeding or texting while driving. You will also need to prove that the defendant’s negligence was the cause of your loved one’s death. This factor can be legally complicated, but in general you will need to demonstrate that your loved one would still be alive had the defendant been more careful.

Q

Is There a Cap on Wrongful Death in Texas?

Answer: There is no cap on the economic damages that can be recovered in a wrongful death case. You can generally recover the full amount of demonstrable financial damages, such as your loved one’s expected earnings and the cost of any medical bills they incurred. However, there is a cap on non-economic damages if the case is related to medical malpractice. In a medical malpractice case, the cap is based on the number of defendants and whether medical negligence was involved. As the cap is tied to current economic conditions, the exact dollar amount can vary, but it typically hovers around $250,000 per defendant for a maximum of $750,000.

Q

How Are Wrongful Death Proceeds Divided in Texas?

Answer: In most cases, Texas law dictates that proceeds from a wrongful death lawsuit should be divided among those who are entitled to recover compensation. If there is a jury involved, then the jury is generally responsible for determining how much each individual qualified survivor should receive. If the case is settled, then the parties will need to agree to a distribution.

Coppell Wrongful Death Attorney

At Jerry D. Andrews, P.C., we have experience helping families recover fair compensation after losing a loved one in an accident. We will take the time to learn about your case and help hold the negligent parties responsible for their actions. For more information or to schedule your free initial consultation, contact our office or give us a call at 214-221-5800. Our law firm serves individuals and families throughout North Texas, including Dallas, Irving, Carrolton, Valley Ranch, Garland, Farmers Branch, Coppell, Grand Prairie, and Mesquite. Se habla Español.

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