The LeBlanc Law Firm
DALLAS WRONGFUL DEATH ATTORNEY
When a parent, spouse, child or loved one has been killed in an accident, the loss
is sudden and devastating. In addition to the pain, grief and emotional loss, family
members must deal with moving into the future without their loved one. When a
family member dies as a result of the negligence of another person, the surviving
spouse, parents and children may be entitled to benefits through a wrongful death
claim. A wrongful death lawsuit is a legal claim brought by family members as a
result of the death of a loved one or someone who supports them financially.
Every state has different rules and regulations regarding wrongful death lawsuits,
including, who is eligible to make a claim and what benefits may be obtained.
Sorting out the details of a wrongful death claim can be complex, and thus it is
important to have a qualified Dallas wrongful death lawyer working to protect
Determining the amount of compensation that a family is entitled to following the
wrongful death of a relative requires experienced and expertise. In addition to
obtaining compensation for the loss of love and affection, a wrongful death
lawyer works with financial experts to determine the economic losses which will
be suffered by the family. The economic losses may include loss of future
income and financial support, or even placing a value on the loss of different
household services the family member provided.
A "wrongful death" is a death due to someone else's carelessness or negligence.
Texas has a civil "wrongful death statute" which establish the requirements for
bringing wrongful death actions. In cities in Texas, including Dallas, persons as
the decedent's immediate family members (surviving spouses and children, and
sometimes parents or siblings) may bring the action.
WRONGFUL DEATH PROOF
In order to bring a successful wrongful death cause of action in Dallas, Texas
and other cities in Texas, the following elements must be present:
the death of a human being;
caused by another's negligence;
loss as a result of the death; and
the survival of family member or others named in the Texas statute as being
entitled to sue under the Texas statute .
CAUSES OF A WRONGFUL DEATH
A wrongful death claim may be caused by the following situations:
medical malpractice that results in decedent's death;
automobile or airplane accident;
occupational exposure to hazardous conditions or substances; and
death during a supervised activity.
The following types of experts may be retained to evaluate and prove fault in a
wrongful death accident in Dallas, Texas and elsewhere:
financial and economic experts;
accident investigators; and
video animators to produce informative and compelling courtroom video
documentation of the relevant facts.
Pecuniary, or financial injury is the main measure of damages in a wrongful
death action. Courts have interpreted "pecuniary injuries" as including the loss of
support, services, lost prospect of inheritance, and medical and funeral expenses.
Most laws provide that the damages awarded for a wrongful death shall be fair
and just compensation for the pecuniary injuries to the persons for whose benefit
the action is brought. If the persons bringing the action paid (or are responsible
for) the funeral expenses or medical care incidental to the injury that caused the
decedent's death, they may also recover those expenses.
When determining pecuniary loss, it is relevant to consider the age, character and
condition of the decedent, his or her earning capacity, life expectancy, health and
intelligence, as well as the circumstances of the persons bringing the action. This
determination may seem straightforward, but it often becomes a complicated
inquiry, keeping in mind that the measure of damages is actual pecuniary loss. A
Dallas wrongful death lawyer can properly evaluate these damages.
Usually, the main consideration in awarding damages is the circumstances of the
decedent. For example, when an adult wage earner with dependants dies, the
major parts of the recovery are: 1) loss of income, and 2) loss of parental
guidance. The jury may consider the decedent's earnings at the time of death, the
last known earnings if unemployed, and potential future earnings.
Punitive damages are damages awarded in cases of serious or malicious
wrongdoing to punish the wrongdoer, or deter others from behaving similarly.
Texas allows punitive damages in a wrongful death case.
In addition to damages for wrongful death, you may be able to recover damages
for personal injury to the decedent. These are called "survival actions," since the
personal injury action survives the person who suffered the injury. The person
entitled to bring the survival action is the decedent's personal representative.
In a survival action for a decedent's conscious pain and suffering, the jury may
make several inquiries to determine the amount of damages, including: 1) the
degree of consciousness; 2) severity of pain; and, 3) apprehension of impending
death, along with the duration of such suffering.
HOME *PRACTICE AREAS*EXPERIENCE*AWARDS*LINKS*CONTACT US
The LeBlanc Law Firm is located at 3102 Maple Avenue, Suite 450, Dallas, Texas. For
directions, click here.
We serve all areas of North Texas, including Dallas County, Tarrant County, Denton County,
Collin County including the cities of Dallas, Fort Worth, Arlington, Irving, Grand Prairie,
Garland, Mesquite, Richardson, Plano, Frisco, Carrollton, Farmers Branch, Lewisville, Hurst,
Euless, Bedford, Grapevine, Coppell, Colleyville, Duncanville, DeSoto, Cedar Hill, Lancaster
and Rockwall. We also accept cases throughout the State of Texas including Houston, Austin,
San Antonio, Tyler, El Paso, Waco, Lubbock, Amarillo, Corpus Christi, Brownsville,
Beaumont, Abilene, Wichita Falls, Laredo, Midland, Odessa, Texarkana or any other city in
Examples of personal injury cases handled by The LeBlanc Law Firm: truck accident,
automobile accident, premises liability (slip and fall), medical negligence, nursing home
negligence, dental negligence, wrongful death, defective product, defective drug, false
imprisonment, construction accident, employment related injuries.
Please visit our other websites: General Practice and Business and Employment law sites.