There are many burdens a family takes on after the tragic loss of a loved one, many of which, such as medical costs, funeral, and burial costs, are financial in nature. Fortunately, if someone’s death stems from another person’s carelessness or recklessness, the decedent’s estate could recover compensation for these types of losses.
An Arlington wrongful death lawyer can help surviving family members both in and out of court, from filing claims to, if necessary, proving their case during trial. With legal guidance from an Arlington personal injury lawyer from The Texas Law Dog, who has successfully recovered millions of dollars in damages for our clients, you may be able to seek justice for your loved one more effectively.
What Families Need to Know About Wrongful Death Trials
Most wrongful death cases settle before trial, but some do not. If your case moves forward to court, you should know what to expect. Our legal team will guide you through every stage while making sure you understand what is happening and why it matters.
The Wrongful Death Claims Process
A wrongful death trial begins with discovery. During this phase, both sides exchange evidence, take depositions, and prepare for testimony. You may see medical records, expert reports, and accident reconstructions used to explain what happened and why it should have been prevented. Expert witnesses may testify about liability, damages, or long-term financial losses to your family.
The jury will hear both sides and then decide whether the defendant is legally responsible for the death. Based on the evidence presented, they will also determine how much compensation should be awarded. Jurors tend to respond strongly to credible, well-documented claims, especially when there is a clear failure in responsibility or safety.
How The Texas Law Dog Represents You at Trial
We handle every step of the trial process for you. Your Arlington wrongful death lawyer prepares the case, questions the witnesses, and presents the evidence in a way that connects with the jury. You will never have to guess what comes next because we keep you informed, answer your questions, and stand beside you from the first hearing to the final verdict.
High-Risk Situations Leading to Wrongful Death in Arlington
Losing someone suddenly is painful enough, but when the loss happens in situations that could have been prevented, it feels even harder.
In Arlington, certain environments and conditions create higher risks for deadly accidents. Knowing where these dangers often occur can help you see how wrongful death cases develop in our community.
Crashes on Busy Highways and Intersections
Arlington’s major roadways are often crowded, and high speeds make collisions especially dangerous. Reckless driving or ignoring traffic signals can turn an ordinary drive into a tragedy. Under Texas Transportation Code § 545.401, reckless driving is prohibited because it creates risks that endanger every driver and passenger nearby.
When a crash results in a fatal injury, families are left not only with grief but also with the question of who should be held responsible. Police reports, traffic cameras, and witness statements can all provide your car accident lawyer in Arlington with answers about what happened. Knowing that this evidence is available early on can help you feel prepared if questions about fault arise later.
Construction and Industrial Zones in the Metroplex
Construction projects may bring jobs and growth, but they also create hazards. Workers may face unsafe equipment or falling debris on sites that lack proper safety measures. Drivers passing through work zones are also at risk when lanes are poorly marked or when warnings are missing.
When safety rules are ignored, families often pay the highest price. Your Arlington construction accident lawyer has seen that even a single oversight with machinery or site conditions can lead to devastating results. For your family, it may be important to secure site records or OSHA reports quickly, since these can show whether safety standards were ignored.
Nursing Home Neglect and Elder Care Failures
Families trust nursing homes and assisted living facilities to care for loved ones, but neglect and abuse remain serious problems. Missed medications or untreated infections can cause serious harm. For elderly residents, even a simple fall may become life-threatening without proper attention.
These tragedies often leave families questioning how things could have been handled differently. Your Arlington nursing home abuse lawyer can use facility records, staffing patterns, and medical notes that reveal problems that contributed to the loss. Asking for those records right away can help you understand what happened and whether neglect was involved.
Pedestrian Accidents in Arlington
Pedestrian crashes in Arlington are often fatal because you have no protection against the force of a vehicle. These collisions can happen on busy roadways or while crossing at marked intersections. If you lost someone in this type of crash, you are likely left with grief, unanswered questions, and the weight of wondering how it could have been prevented.
When a pedestrian is killed, the loss changes every part of life for the people closest to them. Children grow up without a parent, or a spouse suddenly faces life without their partner. An Arlington pedestrian accident lawyer can initiate an investigation that may reveal that the driver was speeding or distracted, giving you a better idea of why the crash happened and what comes next for your family.
Arlington Wrongful Death Lawyer Near Me (817) 775-5364
Why It Is Important to Take Legal Action Right Away
Waiting too long to act after a wrongful death can affect more than just your case. It can delay closure, impact your family’s finances, and make it harder to get answers about what really happened. Acting early gives you more control, access to better evidence, and helps your wrongful death attorney in Arlington build a stronger foundation for recovery.
Preserving Evidence and Witness Testimony
The evidence you need to support your claim can disappear quickly. Security footage may be erased or overwritten, documents may be altered, and witnesses may forget key details over time. Preserving this information early is one of the most important things you can do. The following types of evidence that often support wrongful death claims include:
- Crash scene photos and vehicle damage
- Police or incident reports
- Medical examiner findings
- Security camera or dashcam footage
- Maintenance or inspection records
- Employment files and training records
- Phone records and location data
- Eyewitness statements
- Safety violation reports
- Expert opinions and accident reconstructions
Protecting Your Claim Before the Statute of Limitations Expires
In Texas, you generally have two years from the date of death to file a wrongful death lawsuit. That may seem like plenty of time, but the legal process takes longer than most families expect. Gathering records, identifying the right defendants, and preparing a strong case requires careful planning and early effort.
If you miss this deadline under Texas Civil Practice & Remedies Code § 16.003(b), you may lose your right to recover compensation for your losses entirely. Even strong cases can be barred if they are filed too late. Our Arlington wrongful death attorney helps you act quickly while giving your family the space to grieve and process what happened.
Avoiding Pressure From Insurance Companies and Defense Teams
As soon as the other side knows a claim is coming, their defense team gets to work. Insurance adjusters and legal representatives may try to contact you directly, offer fast settlements, or shift blame away from their clients. These tactics are designed to reduce what they pay, not to help your family.
Our team can step in to protect you from those early pressure tactics. We manage every communication, track every deadline, and make sure the full value of your claim is on the table. When you have an experienced wrongful death lawyer in Arlington in your corner, you are no longer on the defensive; you are moving forward with a plan.
When a Death Qualifies as Wrongful Under Texas Law
Not every tragic loss gives rise to a wrongful death lawsuit. To qualify under Texas law, the death must have been caused by someone else’s carelessness, recklessness, or intentional act. According to Texas Civil Practice & Remedies Code § 71.002, a wrongful death occurs when the injury that caused the death would have supported a personal injury claim had the person survived.
Negligent, reckless, or wrongful actions can all qualify. That includes fatal car crashes caused by drunk drivers, medical errors that never should have happened, or workplace accidents linked to poor safety practices. For example, a wrongful death claim may arise from a fatal DUI crash, a company’s failure to secure equipment properly, or a business that hired an unqualified worker who created a deadly hazard.
There Does Not Need To Be Intent For Filing a Wrongful Death Action
Intent is not needed to bring a successful death cause of action. The court is looking for the following elements: the death of an individual, death caused by another’s negligence or with intent to cause harm, the survivors or family members who are suffering monetary injury as a result of death, and the appointment of a personal representative for the decedent’s estate.
A knowledgeable Arlington wrongful death attorney can help surviving family members pursue justice for their tragic loss after a loved one passes from a fatal accident.
Filing a Wrongful Death Claim
Texas state law allows people hurt in accidents or, in the event of a wrongful death, their surviving family to sue for damages or losses sustained during or as a direct result of that accident. Chapter 71 of the Texas Civil Practice and Remedies Code specifically allows certain individuals to enforce the rights of the deceased to recover the compensation they would have been able to recover had they survived their injuries.
However, the law limits those who are eligible to file a wrongful death claim on behalf of their deceased loved one. In Arlington, only the surviving spouse, parents, or children of the deceased may file a wrongful death claim. This group includes adoptive children and parents, as the case may be, but siblings and other close relatives cannot file a complaint on their loved one’s behalf.
Your Family Needs to Decide Whether to File Before the Estate Deadline
If you are eligible and decide to file, your claim includes the interests of the rest of your family.
If no one files within three months of the death, the personal representative of the estate can move forward unless an eligible relative objects. Keeping that three-month window in mind helps you avoid missing the chance to take action.
When Families Disagree About Filing
Family disagreements about filing are common after a loss. You may not all agree about whether to move forward or who should be the one to take the lead. If that happens, any eligible relative can still file even if others choose not to join.
The court can also step in if conflicts delay the process or if there is a question about who should serve as the personal representative. If you think disagreement is likely, gathering documents now and marking important dates on your calendar can keep a dispute from slowing things down.
What a Fatal Injury Claim Covers
The decedent’s estate may be eligible to recover for damages such as:
- Emotional distress
- Mental anguish
- Lost inheritance and benefits
- Lost earning capacity
- Loss of consortium and companionship
- Loss of household services
- Funeral and burial expenses
Your Arlington catastrophic injury lawyer from The Texas Law Dog can work to prove these damages in court in the interest of obtaining compensation on behalf of a deceased person’s estate.
When Texas Courts Award Punitive Damages
Most wrongful death cases focus on compensation. In rare situations, Texas courts may also punish the liable party’s conduct that caused your loss. Those extra damages are called punitive, or exemplary damages, and are outlined in Texas Civil Practice and Remedies Code § 41.003.
Courts reserve exemplary damages for conduct that crosses a clear line. Evidence must show gross negligence or intentional malice, meaning the person knew the risks and chose to ignore them or intentionally caused the harm that led to a death. Think of a company pushing a driver to keep going past safe hours, an employer skipping basic lockout steps after warnings, or an assault.
If you believe gross negligence was involved, the proof matters. Keep items like hours‑of‑service logs or maintenance records, and save emails or memos that mention known hazards. These details can show a pattern of conscious disregard and help the court decide whether punitive damages apply.
Special Legal Considerations in Wrongful Death Cases
Wrongful death cases in Texas sometimes involve extralegal issues that families are not expecting. Criminal charges against the person responsible or questions about shared fault can affect the outcome. Learning how these issues work can give you a better idea of what may happen in your own case.
Overlapping Criminal Cases and Civil Recovery
A single tragedy can bring both a criminal case and a civil claim. For example, a drunk driving crash may lead to intoxication manslaughter charges while your family seeks compensation in civil court. These two cases are separate, and what happens in one does not automatically control or influence the other.
Even if the defendant is found guilty or not guilty in criminal court, you could still bring a wrongful death claim. Civil cases use a lower standard of proof, so evidence that may not have been enough for a conviction could still support recovery for your family. Keeping police reports and charging documents is important, and transcripts from a criminal trial can also help connect the evidence to your civil claim.
Comparative Fault in Texas Wrongful Death Actions
Texas follows a comparative responsibility system. Under Texas Civil Practice and Remedies Code § 33.001, your family may recover damages only if your loved one was not more than 50% at fault for the accident. If the court assigns part of the blame to the deceased, your award will be reduced by that percentage.
This is why early evidence collection is critical. Accident reconstructions and witness statements can point to how events unfolded, while medical records may explain how injuries occurred. Looking at all of this together can help you see how fault is divided and why building the strongest possible liability case matters.
Survival Action Lawsuits in Arlington
In addition to a wrongful death claim, eligible surviving family members of a decedent could also file a survival action lawsuit. These lawsuits are meant to help family members recover the compensation that the deceased would have been able to pursue if they were able to do so. More specifically, a survival action could seek recovery for more traditional forms of civil compensation, including:
- Medical expenses sustained between the accident and the decedent’s passing.
- Compensation for the physical pain endured by the decedent before their death.
- Mental anguish your loved one suffered from the incident.
Once recovered by the deceased’s estate, a damage award stemming from such a suit would be distributed to surviving loved ones in accordance with inheritance law or the decedent’s will if they had one. Learn more about us and how we can provide legal guidance for survival actions at the same time as a related wrongful death case to explore your options further.
Call a Wrongful Death Attorney in Arlington Today
Losing a loved one can be a terrible and traumatizing experience for any family. Pursuing your rights and interests in court and holding the negligent party accountable is not just a way to protect your future—it could be an essential part of the healing process.
By connecting with a wrongful death lawyer in Arlington from The Texas Law Dog, you can take proactive steps to secure the compensation that you need and deserve. Call our office today to set up a free consultation.
