In Grapevine, state law provides for a civil remedy following the wrongful death of a family member. This wrongful death statute allows family members to seek compensation for their loss from the person who caused the death. A wrongful death claim is not a criminal matter, but it could take place concurrently with a criminal case.
If you have lost a member of your immediate family unexpectedly due to another’s negligence, you may have a viable claim. Your Grapevine personal injury lawyer is available 24/7 and can advise you on your right to bring that claim and the compensation that could be available. By working with a Grapevine wrongful death lawyer from The Texas Law Dog, you can pursue a measure of justice for your lost loved one.
Common Causes of Wrongful Death in Grapevine
Wrongful death claims are rooted in the idea that the loss of a loved one could have been prevented. These tragedies often result from reckless decisions, poor safety practices, or failures in basic responsibility. When that kind of conduct leads to the death of your loved one, we work to hold the right people financially accountable.
Fatal Car and Truck Accidents
A high-speed crash or a collision with a commercial truck can have deadly consequences. Many wrongful death claims begin with traffic incidents involving drunk driving, distracted behavior, or excessive speeding. Families are often left without answers or support while insurance companies focus on limiting payouts.
In commercial truck accident cases, the issue often goes beyond the driver. Improperly loaded trailers, mechanical failures, or violations of federal trucking regulations can create liability for the company itself. These crashes are rarely simple, and your Grapevine truck accident lawyer’s investigation must move quickly before key evidence disappears.
Workplace and Industrial Accidents
Worksites in and around Grapevine include warehouses, construction zones, and manufacturing plants. These environments host serious hazards when employers fail to follow safety protocols or provide the right equipment. One mistake can lead to electrocution, crushing injuries, or fatal falls. The following types of workplace incidents can lead to wrongful death claims:
- Falls from scaffolding
- Forklift or heavy equipment rollovers
- Trench collapses
- Electrocution from exposed wires
- Struck-by accidents involving falling materials
- Confined space accidents
- Exposure to toxic chemicals
- Crane or rigging failures
- Fires and explosions
These are only a few instances that could result in the wrongful death of your loved one. When employers, contractors, or other third parties fail to abide by safety regulations at workplaces and job sites, they should be held accountable for the loss you have suffered.
Medical Negligence and Unsafe Property Conditions
Wrongful death claims also arise from failures in hospitals, nursing homes, and public spaces. Delayed diagnoses, surgical errors, and medication mistakes are all forms of medical negligence that can turn fatal. In other cases, fatal injuries occur due to unsafe building conditions or inadequate security on private property.
What Is Wrongful Death
Wrongful death claims are defined by Texas Civil Practice and Remedies Code § 71.001. According to this statute, a civil action may be available for any death that results from neglectful, careless, unskilled, or wrongful actions. This includes actions that are both accidental and intentional.
Who May File a Wrongful Death Claim in Grapevine
Only certain members of the decedent’s immediate family have the right to pursue a wrongful death claim. These individuals each share standing to file a lawsuit against the person or entity that caused the death. In other words, one of these family members may file suit, or all of the eligible relatives could take legal action together.
The family members who are entitled to pursue a wrongful death action include the decedent’s spouse, children, or parents. The right to file extends to both natural-born and adopted children. Unlike parents and children, the surviving siblings of the deceased person may not file a lawsuit for damages. This is true both for adopted and biological siblings.
Your experienced Grapevine wrongful death attorney with The Texas Law Dog can help you determine if you have the standing to file a wrongful death lawsuit. Under certain circumstances, the administrator or executor of the deceased person’s estate could have the right to file a wrongful death claim.
Grapevine Wrongful Death Lawyer Near Me (817) 775-5364
How Wrongful Death Lawsuits Differ From Criminal Cases in Texas
Wrongful death lawsuits are civil claims filed by surviving family members. These cases are completely separate from any criminal charges the state may pursue. A civil claim can move forward even if there is no arrest, no trial, or no criminal conviction.
Civil cases also have a lower burden of proof. Instead of proving guilt beyond a reasonable doubt, we must show by a preponderance of the evidence that someone’s negligence caused the death, as outlined in Texas Civil Practice and Remedies Code § 41.001(2). This standard allows families to seek justice even when the criminal system falls short.
For example, if someone caused a fatal crash while texting and driving, prosecutors may decide not to file charges. However, we can still pursue a wrongful death lawsuit to recover compensation for your loss. Civil claims focus on financial accountability, not punishment, and they give your family a path forward when everything else feels out of your control.
Who Can Be Held Liable for a Wrongful Death in Texas
Wrongful death claims are not always limited to the person who caused the harm directly. In many cases, other individuals, companies, or agencies contributed to the conditions that led to the fatal injury.
Identifying every liable party can make a major difference in both accountability and the total compensation available.
Employers, Businesses, and Property Owners
When a death happens at work or on someone’s property, employers and landowners may share liability. Construction companies, trucking fleets, and commercial property owners all have a legal duty to keep others safe. When they ignore safety standards, fail to train their workers, or allow dangerous conditions to continue, they may be held liable.
We look at workplace policies, property maintenance records, and prior complaints to find out what the business knew and when they knew it. In many cases, a deeper investigation reveals a pattern of neglect that puts others at risk. You deserve to know whether someone else’s failure or neglect played a role in your loss.
Government Entities and Contractors
If a city or state agency created a hazard or failed to fix one it knew about, it may be named in a wrongful death lawsuit. Hazards may include dangerous intersections, unmarked construction zones, or the negligent hiring of contractors. These cases follow special legal rules, so acting quickly is critical.
Manufacturers of Dangerous or Defective Products
Some wrongful deaths happen because of failures in design, manufacturing, or safety warnings. We work with engineers and industry experts to trace the defect back to its source. When a product is found to be unreasonably dangerous or sold without proper warnings, the manufacturer, distributor, or retailer may be held liable. These claims are fact-heavy, but they can uncover dangerous patterns, such as:
- Airbags that fail to deploy
- Seat belts that unlatch during a crash
- Vehicle rollovers linked to design flaws
- Defective power tools or machinery
- Electrical appliances that cause fires
- Lithium-ion batteries that explode
- Industrial equipment without safety guards
- Prescription drugs with undisclosed side effects
- Recalled children’s products or toys
- Faulty smoke detectors or alarm systems
- E-cigarettes and vaping devices
- Medical devices that malfunction during surgery or after implantation
Each of these failures is preventable, and none of them should cost someone their life. Our team builds these cases by documenting what went wrong and showing how it could have been avoided. Your family deserves answers, and we are here to help you find them.
Types of Recoverable Damages
The damages available through a successful wrongful death claim could be substantial. These damages cover the financial and emotional losses of the surviving relatives following an untimely death. These losses may include:
- Emotional anguish
- Loss of companionship
- Lost future earning capacity
- Lost maintenance and support
Your skilled wrongful death attorney in Grapevine can provide the surviving relatives with guidance on the compensation that could be available through a wrongful death claim.
Speak to a Wrongful Death Attorney in Grapevine Right Away
Financial compensation is often an afterthought for those experiencing the grief of losing a loved one. However, the compensation available through these claims could ease financial stress during the grieving process.
Your wrongful death lawyer in Grapevine with The Texas Law Dog can help you seek justice for your loved one. When you are ready, let us help you and your family by contacting us to schedule a no-risk, free consultation.