Losing a family member is a deeply painful experience. The pain is often compounded when the loss was caused by someone else’s careless or wrongful actions. During such a difficult time, legal questions may be the last thing on your mind, but you and your family deserve answers, accountability, and financial stability.
If you are grieving the loss of a loved one, a compassionate Dallas wrongful death lawyer at Javier Perez Law can help you understand your rights and options for seeking justice.
For over a decade, our firm has stood beside families in Dallas, providing dedicated legal representation. We believe that every family deserves a voice, especially when facing large insurance companies and corporations. We are committed to holding responsible parties accountable and helping families secure the resources they need to move forward.
Why Choose Javier Perez Law for Your Dallas, Texas Wrongful Death Case?
When your family is facing an unimaginable loss, the legal advocate you choose matters. At Javier Perez Law, we are more than just attorneys; we are members of the Dallas community dedicated to fighting for our neighbors.
Javier Perez comes from a family of hard-working people and has built his practice on the principles of justice, dignity, and fairness. He has a deep connection to the Hispanic community and a proven history of standing up for those who need a strong voice.
Our approach is built on providing both compassionate support and determined representation. We understand the emotional and financial strain your family is under. We handle every aspect of the legal process so you can focus on healing. Our commitment includes:
- Direct Attorney Access: You will work directly with our legal team, receiving personal attention and clear communication throughout your case.
- A History of Success: We have successfully recovered millions of dollars for individuals and families, taking on some of the world’s largest corporations.
- Community-Focused Advocacy: Our deep roots in Dallas mean we understand the challenges our clients face. We are proud to fight for hard-working people in our community.
- No Fee Unless We Win: We operate on a contingency fee basis, which means you pay no upfront costs and owe us nothing unless we successfully recover compensation for your family.
Javier Perez Law is prepared to provide the dedicated legal support your family deserves during this challenging period.
Understanding Wrongful Death Claims in Texas
It’s natural to have many questions about what a wrongful death claim involves. In simple terms, a wrongful death lawsuit is a civil action that can be brought when one person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or company. The purpose of this type of claim is to compensate the surviving family members for the losses they have suffered due to their loved one’s passing.
According to the Texas Civil Practice and Remedies Code Chapter 71, this legal action is separate from any criminal charges that might be filed. While a criminal case seeks to punish the offender with jail time or fines, a civil wrongful death claim focuses on providing financial relief to the family for their profound losses. A Dallas wrongful death lawyer can help your family pursue this civil justice.
Who Can File a Wrongful Death Lawsuit in Dallas?
Texas law is very specific about who has the right to file a wrongful death lawsuit. Not just any relative can initiate a claim. The law grants this right to a specific group of close family members.
Eligible individuals who can file a claim include the deceased person’s:
- Surviving spouse
- Children (including legally adopted children)
- Parents
These family members can file the lawsuit individually or together as a group. If none of these eligible relatives file a claim within three months of the person’s death, the personal representative or executor of the deceased person’s estate can then file the claim, unless the surviving family members specifically request that a lawsuit not be filed.
Understanding these eligibility rules is a critical first step, and a knowledgeable attorney can clarify who in your family has the right to take legal action.
Common Causes of Wrongful Death We Handle
A wrongful death can happen in almost any situation where negligence occurs. At Javier Perez Law, our experience extends across a wide range of personal injury cases, with a particular focus on incidents involving severe and catastrophic harm. An experienced wrongful death lawyer can investigate the circumstances of your loss and determine the responsible parties.
Fatal Vehicle Accidents in Dallas County
The busy roads and highways in and around Dallas, from the I-35E corridor to the Dallas North Tollway, are unfortunately the sites of many tragic accidents. A fatal collision can leave a family shattered and facing an uncertain future. We represent families who have lost loved ones in accidents caused by:
- Distracted Driving
- Drunk or Impaired Driving
- Motorcycle and Pedestrian Accidents
We conduct thorough investigations to prove fault and hold the negligent driver or trucking company accountable.
Catastrophic Workplace Accidents
Javier Perez has a strong background in employment and labor litigation, giving our firm unique insight into catastrophic workplace incidents. Texas industries, including construction and manufacturing, have inherent dangers, but employers have a duty to keep their workers safe. A fatal workplace accident can be the basis for a wrongful death claim if it was caused by:
- Employer Negligence: This can happen when a company that does not carry workers’ compensation insurance fails to provide a safe environment.
- Defective Equipment: Machinery or tools that malfunction can cause deadly harm.
- Third-Party Negligence: Sometimes, a person or company other than the employer is at fault, such as a subcontractor or the driver of another vehicle on a job site.
These cases are complex, but we are committed to fighting for the rights of hard-working families who have lost someone due to a preventable workplace tragedy.
Other Causes of Wrongful Death
Our firm also assists families whose loved ones were lost due to other forms of negligence.
- Premises Liability: Property owners have a responsibility to keep their premises safe. A fatal incident could result from poor security, an unrepaired hazard, or a drowning in an unsecured pool.
- Defective Products: A product that is designed or manufactured incorrectly can cause a fatal injury, leading to a claim against the company responsible.
No matter the cause, our goal is to uncover the truth and seek justice for your family.
What Types of Compensation Can Be Recovered in a Wrongful Death Case?
While no amount of money can ever replace a loved one, the legal system provides a way for families to recover compensation for their extensive losses. This financial recovery, called “damages,” is intended to provide stability and acknowledge the profound impact of the death on the family. A Dallas wrongful death attorney can help calculate the full extent of your family’s losses.
In a Texas wrongful death claim, your family may be able to recover compensation for several types of damages:
- Economic Damages: These are the measurable financial losses the family has suffered. This can include the loss of the deceased’s earning capacity, lost inheritance, and the value of household services the person would have provided.
- Non-Economic Damages: These damages compensate for the intangible, personal losses that are much harder to quantify. This includes the family’s mental and emotional anguish, loss of companionship and society, and loss of comfort and care.
- Survival Damages: A survival action is a related but separate claim that can be brought on behalf of the deceased person’s estate. It seeks to recover damages for the pain and suffering the deceased person experienced before they passed away.
- Exemplary Damages: Also known as punitive damages, these are not meant to compensate the family but rather to punish the defendant for gross negligence or willful misconduct. This type of damage is awarded only in specific cases to deter similar behavior in the future.
Calculating these damages requires a careful and detailed analysis of your family’s unique situation, and our team is prepared to build a strong case to reflect your true losses.
The Legal Process with a Dallas Wrongful Death Attorney
Pursuing a wrongful death claim can feel like a complex journey, but you do not have to go through it by yourself. Our team at Javier Perez Law will guide you through every step, allowing your family to focus on healing together.
Step 1: Free Consultation and Case Investigation
The process begins with a free, no-obligation consultation where you can share your story in a confidential setting. If we move forward together, our experienced wrongful death lawyer in Dallas will immediately begin a comprehensive investigation. This involves:
- Gathering police reports, medical records, and witness statements.
- Collecting physical evidence from the scene of the incident.
- Working with accident reconstructionists or industry professionals to establish fault.
Step 2: Filing the Claim and Negotiation
Once we have built a strong foundation for your case, we will file a formal claim with the at-fault party’s insurance company. Insurance companies often try to minimize payouts or deny claims altogether.
We will handle all communications and negotiations on your behalf, presenting a clear and compelling argument for the full compensation your family deserves. Our reputation as trial-ready attorneys often encourages insurers to offer a fair settlement.
Step 3: Litigation and Trial (If Necessary)
Many wrongful death cases are resolved through a settlement, which is a formal agreement reached outside of court. However, if the insurance company refuses to make a fair offer, we are fully prepared to file a lawsuit and take your case to trial.
Javier Perez is an accomplished litigator with significant courtroom experience. We will not hesitate to present your case to a Dallas judge and jury to fight for the justice your family is owed.
Texas Statute of Limitations for Wrongful Death Claims
It is important to understand that there is a time limit for filing a wrongful death lawsuit in Texas. This deadline is known as the statute of limitations. In general, a family has two years from the date of their loved one’s death to file a lawsuit.
If you fail to file a claim within this two-year window, you will likely lose the right to seek compensation forever. While two years may seem like a long time, investigating and building a strong wrongful death case takes a significant amount of time and effort. There are also very limited exceptions that might extend this deadline, but relying on them is risky.
For this reason, it is crucial to speak with a wrongful death attorney as soon as you feel able. Contacting an attorney promptly ensures that important evidence is preserved and your legal rights are protected.
FAQs for Dallas Car Accident Lawyers
Dallas Wrongful Death FAQs
Here are answers to some common questions families have when considering a wrongful death claim.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses, such as loss of companionship and lost financial support. A survival action is brought by the estate to recover damages the deceased person could have claimed had they survived, including pain and suffering before death. These claims are often pursued together.
How much does it cost to hire a Dallas wrongful death lawyer?
At Javier Perez Law, wrongful death cases are handled on a contingency fee basis. This means you do not pay any attorney’s fees unless and until compensation is recovered for your family. Our fee is a percentage of the final settlement or verdict, allowing you to pursue justice without upfront financial risk.
Can I file a wrongful death claim if my loved one was partially at fault for the accident?
Yes. Texas follows a proportionate responsibility rule. You may still recover damages as long as your loved one was 50% or less at fault for the incident that caused their death. Any compensation awarded would be reduced by the percentage of fault attributed to your loved one.
Will my family have to go to court?
Most wrongful death cases are resolved through settlement rather than trial. Settlements are often faster and less emotionally taxing for families. However, if a fair resolution cannot be reached, we are fully prepared to take your case to court and advocate for your family.
How long will a wrongful death lawsuit take to resolve?
The timeline varies depending on the complexity of the case, the number of parties involved, and whether litigation is required. Some cases resolve relatively quickly, while others may take longer if trial becomes necessary.
We focus on building a strong case efficiently, pursuing maximum compensation for your family, and keeping you informed at every stage of the process.
What if a government entity was responsible for my loved one’s death?
Claims against government entities in Texas are subject to special rules and significantly shorter deadlines under the Texas Tort Claims Act. If a city, county, or state agency may be responsible, it is critical to contact an attorney immediately to preserve your family’s rights and meet strict notice requirements.
Can I recover funeral and burial expenses in a wrongful death claim?
Yes. Funeral and burial expenses are considered economic damages in a wrongful death case. If negligence caused your loved one’s death, you may recover compensation for reasonable funeral, burial, or cremation costs. We carefully document and calculate these losses when building your claim.
Contact Javier Perez Law for a Compassionate Consultation
Javier Perez Law - Dallas Office
Address:
4925 Greenville Avenue, Suite 1450
Dallas, TX 75206
Phone:
(214) 499-0667