If the death of your spouse, child, or parent resulted from someone else’s negligence or intentional action, it might be worthwhile to speak to a Grand Prairie wrongful death lawyer about possible civil litigation. While no amount of money could ever ease the pain of a loved one’s death, a wrongful death lawsuit could help you and other surviving family members cover unexpected expenses and provide for themselves in the future.
A compassionate Grand Prairie personal injury attorney could investigate the grounds for such a claim, gather evidence, and speak to medical advisors to determine if the decedent’s surviving estate may be eligible to seek compensation. If so, they could help you file a comprehensive lawsuit and effectively seek justice for your loved one’s death.
Common Causes of Wrongful Death in Grand Prairie
Losing someone close to you is devastating, especially when it could have been prevented. In Grand Prairie, you face risks every day on crowded highways and in busy work zones. Defective products in your home or car add another danger that families often do not expect.
Fatal Accidents on Texas Roads
Traffic in Grand Prairie is heavy, and collisions on I-30 or I-20 often happen at high speeds. State Highway 360 brings another level of danger with constant congestion and reckless drivers. When someone chooses to drink and drive or ignore traffic laws, your family pays the price. If your loved one was killed in a crash, the evidence gathered at the scene becomes important.
A police report may describe how the accident happened, and dash cam video can back up what witnesses saw. Toxicology results can confirm whether alcohol or drugs were involved. Cell phone records may also show if the driver was distracted behind the wheel. Collecting these details quickly helps you see exactly how the collision happened.
Workplace Accidents and Industrial Risks
If you work in construction, warehousing, or manufacturing in Grand Prairie, you already know the risks. A fall from scaffolding or a problem with heavy machinery can take a life in seconds. Exposure to unsafe chemicals is another danger when employers do not put safety first. If your loved one was killed on the job, you need answers about how it happened.
OSHA reports can reveal safety violations, and site logs may show problems that were ignored. Talking with coworkers quickly can also give you details that disappear once the job site reopens. Gathering this information early helps you see whether your family’s tragedy was caused by unsafe conditions that should have been prevented.
Dangerous Products and Defective Equipment
When you bring a product into your home, you expect it to be safe. A faulty brake system in a vehicle or a malfunctioning appliance in your kitchen can cause deadly harm. Medical devices that fail during treatment have also taken lives across Texas.
If you believe a defective product caused your loved one’s death, save everything connected to it. Keep the receipts and packaging, and hold on to the product itself if you can. Product recalls and technical inspections later on may confirm that others were harmed in the same way. Holding on to these details gives you proof that can be used to connect your family’s loss to the company responsible.
The Difference Between a Wrongful Death Claim and a Survival Action
Vehicle crashes, accidents on someone else’s property, defective products, animal attacks, and various other incidents could be the basis for a wrongful death lawsuit. In general, if an individual passed away due directly to another person or entity’s actions, surviving family members may have grounds for a wrongful death claim
Wrongful death cases are meant to compensate the immediate family of the deceased for their death-related expenses. With a committed Grand Prairie fatal accident attorney’s help, if they choose to retain one, the deceased’s spouse or partner, children, parents, or siblings may be eligible to file such a case in the State of Texas.
On the other hand, a survival action is related to a wrongful death claim and may be filed simultaneously. However, such an action is not meant to compensate the family of the deceased.
Instead, the recoverable compensation in a survival action is paid directly to the deceased’s estate as damages for losses that a person suffered before death, and which that person would have been eligible to pursue themselves if they had survived their injuries. Damages awarded to the estate from a survival action are distributed according to the deceased’s will or estate plan as prescribed under Texas law.
Grand Prairie Wrongful Death Lawyer Near Me (817) 775-5364
Who Can File a Wrongful Death Claim in Texas
After losing someone you love, you may wonder whether you can file a wrongful death claim. Texas limits that right to certain family members. Knowing whether the law includes you helps you decide what to do next.
Immediate Family Members With Legal Standing
Under Texas Civil Practice and Remedies Code § 71.004, close family members have the right to file a wrongful death action. If you are a surviving spouse, child, or parent, the law gives you standing to bring the claim. Adoption does not change these rights. An adopted child is treated the same as a biological child, and adoptive parents have the same rights as birth parents.
If you qualify, you and your wrongful death lawyer in Grand Prairie can file even if other relatives choose not to join right away. Your decision includes the interests of the family as a whole. If no one files within the first three months, the personal representative of the estate may step in.
When the Estate Files the Claim
If the family has not filed within three months, the estate’s representative may file instead. This could be an executor named in a will or an administrator appointed by the court. The state allows this, so the claim does not disappear while relatives are grieving
For you, it helps to check who was appointed. Court orders can show the appointment. Probate papers or letters of administration may also confirm who has that authority. Reviewing these early helps you tell whether the right to file stays with your family or passes to the estate.
Compensable Damages in Grand Prairie for the Decedent’s Estate
Members of the deceased’s family may seek compensation for multiple types of damages following a wrongful death. Compensable damages may include the loss of a loved one’s companionship, comfort, or support, as well as the mental pain and anguish those family members suffered after the death.
Survivors may also receive damages for the financial losses they suffered after the death of their loved one, including the loss of income that the family should have earned during the deceased’s lifetime or the loss of inheritance that the deceased would have left to a loved one. Through a survival action, the decedent’s estate could recover compensation for funeral and burial costs as well.
Punitive Damages
In some situations, such as when the death of an individual is the result of a willful act or gross negligence, like drunk driving, a civil court may award punitive damages against a defendant. These damages are explicitly meant to punish the wrongdoing party for their actions rather than make up for losses sustained by the plaintiff in the case.
The Emotional and Financial Impact on Families
When someone you love is gone, life feels different in every way. The loss shows up in the quiet moments at home and in the responsibilities that suddenly fall on your shoulders. On top of grief, financial worries can appear quickly and add stress to an already painful time. Here are some of the ways families often feel the impact:
- Loss of guidance for children
- Loss of household support
- Financial strain from lost wages
- Unexpected funeral costs
- Therapy expenses for surviving family members
- Reduced stability for dependents
- Strain on family-owned businesses
- Pressure on surviving family members to take multiple jobs
- Ongoing medical debt
- Loss of retirement contributions
- Emotional suffering
- Increased childcare costs when a parent is gone
- Loss of health insurance coverage tied to the deceased’s employment
- Strain on family traditions and community connections
These changes may touch your family in many ways. You might struggle to cover expenses while also trying to keep routines steady for your children. Courts in Texas allow families to pursue compensation for both the financial and emotional harm tied to these losses.
Call a Grand Prairie Wrongful Death Attorney to Help Your Family
An experienced attorney could help grieving families pursue financial recovery through a wrongful death lawsuit or a survival action, depending on the circumstances of the decedent’s death. Though no amount of money could replace a beloved family member, these types of lawsuits could help survivors gain the financial security they need to move forward with their lives.
If the death of your loved one was the result of someone else’s negligence or wrongdoing, you have options to hold those responsible accountable in court.
Call our office today and schedule a free consultation to speak to a wrongful death attorney in Grand Prairie about what may be possible in your situation.
