Wrongful Death Attorneys in Fort Worth, TX

Call today at 817-294-1900 for a free consultation.

Every year, too many families in Fort Worth, Texas lose relatives in tragic, preventable accidents. In many cases, these are the result of another person or business’s careless, reckless, or intentional conduct, which in turn, gives rise to a wrongful death claim for the harm done. Now you may wonder, “what is wrongful death?” This is a type of legal claim surviving families can pursue when their loved one is killed because of someone else’s wrongful conduct. If you recently lose a parent, spouse, child, or other relative and you think someone else is responsible, call a wrongful death attorney from Anderson Injury Lawyers as soon as possible.

With decades of experience and millions of dollars recovered our highly skilled and compassionate Fort Worth personal injury lawyers will carefully and thoroughly review your circumstances. Once we have the facts, we can help determine if you can pursue justice for your loved one through a wrongful death lawsuit.

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We know you are dealing with a lot and understand the importance of meeting with us before you decide whether or not we are the right firm for you. So, call us at 817-294-1900 or submit your information online.

We work on a no win, no fee basis, meaning that if we don’t win you fair compensation, you owe us nothing. We offer free, no obligation consultations.

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What Our Wrongful Death Lawyers Can Do For You

  • A Free Consultation When You Need It

    After the death of a loved one, you may not know where to turn. We can help guide you from the beginning at no cost to you. We will listen to your story and gather the information that will help build a wrongful death case. Our advice is free to you until we win your case for you.

  • Pay Nothing Upfront In Your Wrongful Death Case

    There are no upfront costs when you hire Anderson Injury Lawyers. Instead, we work on a contingency basis. You owe us nothing until we help you get full and fair compensation.

  • Expert Witnesses You Can Trust

    We will have to build a case against the person who caused your loved one’s death. We will use expert witnesses, like doctors, accident reconstructionists, and others, to develop evidence that proves you deserve compensation. Our experts will review your case and help you establish a solid claim for recovery.

  • Immediate Investigation After a Death

    When someone causes a death, they are quick to clean things up. This can result in the disappearance of necessary evidence. We will want to immediately begin an investigation so we can collect as much information as possible before anyone has a chance to get rid of it. We will take your claim seriously and quickly begin an investigation.

  • Fight the Insurance Company

    If there is an insurance company involved, they likely have a team of attorneys to fight against your claims. We will push back and hold the at-fault party responsible. We have a deep understanding of Texas law, and we will use our experience to negotiate with the insurance company. If they refuse to negotiate, we will take them to trial.

  • Win Compensation You Deserve

    Just like in a personal injury case, you will have many losses in a wrongful death case. You likely have to pay for medical care your loved one received, as well as bills that they are no longer paying. Funeral and burial expenses will also pile up. You don’t have to deal with this alone. We will help you get the compensation you deserve. Anderson Injury Lawyers will fight tirelessly for you.

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We Handle All Types of Wrongful Death Cases

At Anderson Injury Lawyers, we help families in all sorts of circumstances. We understand that a relative’s death can be caused in all types of accidents, which is why we are here to help after:

What Constitutes Wrongful Death?

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Who Can File a Texas Wrongful Death Action?

Suing for wrongful death in Texas is not simple. First, you need a thorough analysis of your case. If there is no evidence that points to another person or business’s wrongdoing, then you may not have a valid claim.

However, if a wrongful death attorney believes there is sufficient evidence, then the next step is to determine who may file the lawsuit according to Texas wrongful death law.

Under Section 71.004, the surviving spouse, children, or parents of the deceased individual may bring the legal action. If you are the surviving spouse, child, or parent, then you may file the wrongful death claim. You can do so together with other family members, or you can file the lawsuit yourself. However, if none of these family members files within three months, then the executor or administrator of the decedent’s estate can file.

Who May Receive Compensation Through a Texas Wrongful Death Claim?

Texas law states a wrongful death claim is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. That means only these individuals can receive compensation through the wrongful death lawsuit settlement or court ruling.

This can be difficult for many people to hear. If you were in a romantic relationship with the decedent, you must have been married to receive wrongful death compensation. As a fiancé, live-in partner, or girlfriend or boyfriend, you are not entitled to compensation through this lawsuit. Also, other types of relatives, including siblings, grandparents, aunts, and uncles, do not receive compensation.

How Is Compensation Divided Among Survivors?

A question you may wish to ask a lawyer is how much compensation you will receive if there are other surviving family members? The answer is that it depends. Every case is different in how compensation is apportioned. In certain circumstances, you may each receive equal portions. However, this is not necessarily the most equitable result, particularly any relatives who were financially dependent on the deceased.

If your case is decided by a jury, then the jurors determine how much compensation your family gets and how much goes to each person. However, a majority of wrongful death cases are settled out of court. When we negotiate a settlement on your family’s behalf, then you and your family members can agree to appropriate portions.

We often work with family members to determine fair outcomes, and when you and the other adults agree, this is a smooth process. If you and other surviving adults disagree on how much each of you should receive, then it may be necessary for other survivors to be represented by different law firms.

What Happens If a Family Member Dies Before Their Personal Injury Claim Was Settled?

If your loved one was severely injured in an accident and died halfway through the claims process, their case does not die with them. Instead, it can be carried on by family members. Additionally, the family will now file a wrongful death lawsuit. Though these two lawsuits are separate, they’re often wrapped into one trial or settlement.

The newly appointed “head” of the wrongful death claim, (called an executor), has full say over the claim. They’re in charge of hiring a lawyer, talking to the insurance companies, etc. They also decide how much money they’re willing to accept during the settlement process. When the wrongful death suit is settled, the money won will be given to the executor. However, that money must pass to different parties (other family members) as directed by the deceased’s will.

To be clear, if the victim dies of an unrelated cause (like cancer), it remains a personal injury case (as opposed to a wrongful death case). Wrongful death only applies if the deceased died from accident-related causes.

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Wrongful Death Damages in Texas

Another reason it is important to talk with a wrongful death lawyer is that the damages involved in a wrongful death case differ from those associated with typical personal injury claims. There is some overlap, but at Anderson Injury Lawyers, we can explain the differences.

Wrongful death compensation in Texas can include:

  • Loss of decedent’s income
  • Loss of potential inheritance
  • Loss of decedent’s household services
  • Loss of decedent’s parental guidance and services
  • Loss of decedent’s spousal services
  • Loss of decedent’s care, support, companionship, and love
  • If paid by a surviving family member, funeral and burial expenses
  • Surviving family members’ emotional distress and mental anguish
  • Surviving family members’ mental health care expenses

Under Section 71.010, a jury can award damages in an amount that is proportionate to the injury you and your loved ones have suffered due to the death. It is important to remember the compensation is for your family’s injuries—not the harm your deceased family member suffered.

Also, your case may end with a wrongful death settlement and not a jury’s decision. In many wrongful death cases, our attorneys aggressively negotiate a fair amount of compensation with the at-fault party’s insurer to settle the claim instead of going to trial. This may be the most efficient way to obtain fair compensation. However, a settlement is not always possible, in which case, we will advise you regarding the process and timeline of pursuing compensation through trial.

Another important factor regarding wrongful death compensation is that it is not subject to your loved one’s debts. When your parent or spouse passes away, there may be several debts the estate is responsible for, such as credit card debt, mortgage payments, and utilities. Your wrongful death settlement or jury award will not be used to pay those.

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Additional Information About Wrongful Death Law

Punitive Damages in a Wrongful Death Claim

In Texas, you and your family may be able to pursue additional damages known as punitive damages or exemplary damages. These are not meant to compensate you for an emotional injury or financial loss. Instead, these are meant to punish the wrongdoer and discourage similar behaviors from others.

You cannot receive punitive damages when your loved one’s death is the result of ordinary negligence. Instead, you must prove that the death resulted from another person’s gross negligence, often referred to as recklessness, omission or failure to act, or an intentional act. If another individual’s recklessness or intentional misconduct caused your parent, spouse, or child’s death, speak with a wrongful death attorney about exemplary damages.

The Texas Statute of Limitations on Wrongful Death Claims

The timeframe to file a wrongful death lawsuit in Texas is not unlimited. A statute of limitations imposes a deadline on how long you have to make a claim. Typically, you have two years from the date of your loved one’s death to file the lawsuit. If you fail to file the lawsuit within the two-year-period, then your case will most likely be dismissed.

There is an exception to the statute of limitations known as the discovery rule. It is possible for you and your family to learn of your loved one’s death, but not know that their passing was the result of someone else’s wrongdoing. It may even be that the at-fault party takes steps to hide their responsibility. Or, you and your family may not learn of your loved one’s death for some time after the responsible incident. If weeks or months passed before you and your family reasonably learned you might have a legal claim, talk with a wrongful death attorney immediately. You need to determine if you have the necessary time to file.

Contact Our Wrongful Death Law Firm Today

It is imperative that you avoid talking with an insurer or someone else’s attorney without your own counsel. You could say something that harms your case, or you may be steered toward accepting a settlement that is less than what your family deserves. To improve your chance of receiving the maximum amount of compensation possible for your wrongful death claim, we recommend speaking with our wrongful death lawyers at Anderson Injury Lawyers right away.

Let us make sure you are protected, properly informed, and working towards what your family deserves. You can reach us by calling 817-294-1900. We accept calls 24/7. You also can submit your information online to set up a free, no-risk consultation.

Contact Us

If you suffered harm in an accident or any incident caused by negligence, contact Anderson Injury Lawyers right away. We offer individualized attention, over 25 years of experience, and everything you need to get everything you deserve.

P 817-294-1900

E advice@andersoninjurylaw.com

  • We accept calls 24/7 /
  • We’ll meet you where it’s convenient /
  • free consultations /
  • no upfront legal fees /
  • you owe us nothing unless we win