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Wrongful Death
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A wrongful death attorney in Dallas will assist your family in investigating the death of a loved one; determine which party is liable for that death; and pursue an award for economic damages (lost financial support), non-economic damages (loss of consortium/companionship); as well as emotional distress associated with the death. Surviving spouses, children and parents are entitled to file a wrongful death lawsuit against parties whose negligence or wrongdoing caused the death of their loved one, under Texas statute.
Jay Murray Personal Injury Lawyers will gather evidence on behalf of your family; communicate with the insurance company involved; and negotiate a settlement if possible, or go to trial if you cannot reach a settlement. You don’t have to know every detail about your potential claim prior to calling our office. We will review the information available to determine if your family has a valid wrongful death claim and discuss the first steps to take.
Under Texas law, the wrongful death statute is based on the theory that someone has suffered a loss due to an injury resulting in death as a result of some other party’s (or parties’) negligence, breach of duty, careless conduct, lack of skill or failure to perform their duties; and that the injured party would have been able to recover damages against those responsible had they lived.
 Here in Dallas, some examples of how wrongful deaths occur include:
According to Texas State Law (Chapter 71), family members may file wrongful death claims. Wrongful Death Claims under Texas Law are Statutorily defined for the exclusive use by the family members of the deceased person such as surviving spouse, children and parents. An executor or administrator typically must begin a wrongful death lawsuit if none of the survivors, including children or parents, starts a wrongful death claim for the deceased person’s death within three months from the date of the person’s death. However, this may not be required if all statutory beneficiaries (beneficiaries as stated in statute) request that the suit not be filed.
Texas wrongful-death claims are generally subject to a 2 year statute of limitations. However, certain types of wrongful-death claims may have shorter statutes of limitation than others; for example, some governmental entity claims are also subject to 30-day statute of limitations. However, it should be noted that grief can cause time to move slowly, which can lead to delays in filing a claim. Damages recoverable under wrongful death claims may include:Â
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here are fewer safe places to drive on Dallas roads. In the last 30 years we have taken care of so many wrongful deaths as the result of car accidents throughout Dallas County. There have been numerous fatalities that occurred because of the intersection of Mockingbird and Central Expressway. The merge lanes on the LBJ freeway. At night on lower Greenville. To us, these aren’t just statistics.
The family of a person that died in an automobile accident has a long road ahead of them. When there is a fatality involved due to a vehicle collision; the insurance companies could use so many different tactics to limit or reduce their financial liability. Insurance companies could say your deceased family member was partly liable. Insurance companies could also attempt to rush your settlement for less money than your case deserves.
As an auto accident wrongful death lawyer, I utilize accident reconstruction experts to help demonstrate how the accident happened. We obtain data from the vehicles “black boxes”, obtain witness statements and collect video evidence from surrounding business locations. We determine whether a legally recoverable loss occurred for each potential beneficiary; we include financial help or service that the decedent likely would have furnished to his beneficiaries in addition to any qualifying financial assistance they were able to receive as a result of their relationship with him.
We handle all types of car wrecks where the driver is under the influence of alcohol, distracted by his/her cell phone, speed related, ran a red light, or fled the scene of an accident. The employer is potentially liable as well if the driver was driving while performing an activity associated with the employee’s job responsibilities at the time of the collision.
As a major city in Texas, Dallas is also one of the cities in the state with many of the top-rated hospitals. As with all medical facilities, however, even when they operate at very high levels of quality and safety, accidents can occur. If an error made by a doctor, nurse or hospital results in a patient’s death, the family deserves answers for what occurred and why.
Wrongful death lawsuits resulting from negligence of medical providers (medical malpractice) require significant expertise due to the complexities associated with these types of lawsuits. Texas wrongful death cases based on a medical malpractice claim will need evidence from an appropriate medical-qualified expert witness regarding whether or not the doctor(s) involved in your case met their duty (the “standard of care”) for what you were being treated for; if they did not meet that duty (“breach”); and, most importantly, how much of your damages was caused by that failure to meet the “duty” (“causation”).
In addition to the general requirement that medical-malpractice wrongful-death plaintiffs provide such qualified expert testimony prior to filing suit and at trial under Tex. Civ. Prac. & Rem. Code Ann. § 74.351, this section adds a number of new, specific pre-suit and expert report obligations.
The attorneys at Jay Murray Personal Injury Lawyers work closely with various experts (doctors), who will review the medical records and explain how the treatment provided deviated from the acceptable standard of care under the circumstances presented.
Examples of common cases include:
Commercial vehicle collisions (truck accidents) differ greatly from passenger car wrecks. Injuries are usually much more serious due to the size and weight of the vehicles involved in the crash. Damages are also generally much greater. Additionally, commercial trucking companies hire large numbers of attorneys to represent their interests in defending against wrongful death claims as well as personal injury claims arising from a collision.
Due to its geographic location Dallas is located at the intersection of some of the largest freight routes in Texas. Major highways such as Interstate 35 run directly through downtown Dallas and serve as a primary route for the transportation of goods between Canada and Mexico. Also running north to south across the Metroplex are Interstates 20 and 45. As a result of this we frequently observe commercial truck crash fatalities on major highways including but not limited to: Highway 75, Stemmons Freeway, and the President George Bush Turnpike.
As an attorney that handles commercial truck collision wrongful deaths I am familiar with investigating these types of claims. We will obtain the drivers log books to determine whether or not he/she complied with Federal Hours Of Service Regulations. We will obtain maintenance records to confirm that the tractor/trailer was properly maintained.
Additionally we will research the safety ratings of the trucking company to which the driver was employed, and we will identify all previous instances of regulatory non-compliance by that carrier. Commercial trucking carriers could quickly destroy evidence due it to being lost or overwritten. This includes recording over any available video cameras (“dash cam” footage), disposing of any maintenance records, etc. Therefore we typically send preservation letters to all involved parties immediately, and we often seek court ordered relief to ensure that any relevant evidence is preserved and protected.
In many cases involving commercial vehicles, there may be multiple defendants. These can include the driver; the owner/operator/employer of the driver; any third party cargo loading entity; any maintenance company responsible for maintaining the tractor/trailer; and potentially even the original equipment manufacturer of the tractor/trailer itself, if it has been determined that there were defects in manufacturing. We pursue claims against every defendant that contributed to the occurrence of the collision.
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Even though certain types of employers are required to obtain workers’ comp insurance, many private Texas employers can elect to forego it. Regardless, the family may be able to bring a work-place related wrongful death claim against the employer even if the employer elected out of Texas worker’s comp insurance.
Our firm has represented clients who died from injuries sustained while working on Construction Sites like those in Uptown and The Design District, Warehouse Accidents in West Dallas, Industrial Accidents at Factories located along the Stemmons Corridor and Electro-Cution Cases resulting from Utility Work.
Workers’ Compensation laws will dictate what an injured employee’s representative needs to prove in order for their estate to receive compensation from their employer, if the employee is filing as a non-subscriber he/she may need to show that the employer was negligent for the injury. In addition to negligence, there are additional requirements for all workers’ compensation death claims.
Was safety equipment provided? Were hazards known to exist and ignored or unaddressed? Did the employer pressure employees to bypass established safety protocols to increase productivity?
Employers must generally need to report all qualifying work-related fatalities to The Occupational Safety and Health Administration (OSHA) who then may conduct an investigation into the fatal workplace accident. Jay Murray Personal Injury Lawyers receives these investigation reports. In addition to receiving the OSHA Reports, our attorneys will conduct interviews with co-workers of the deceased employee. Additionally, our attorneys will retain safety experts that specialize in testifying regarding industry standards. If your case goes to court, then our experienced attorneys will work to show through evidence how the employer prioritized profitability over employee safety.
When a product is developed or made improperly, people can lose their lives due to the design or manufacturing defects of the product. An example of this would be an airbag that does not inflate properly, a tire that blows out while in use, a medical device that fails, or medications that are harmful (due to side effects that were knowingly concealed by the manufacturer).
Products liability claims typically include the manufacturer(s) and (in some instances), other parties that were involved in the sale/distribution of the product. In most cases Texas law provides protection to those that are not manufactured in the event a statutory exemption does apply.
 A party may be found liable for damages even without proving they were negligent. When a product is deemed “unreasonably” dangerous (i.e., dangerous beyond reasonable expectations), the manufacturer may be held strictly liable.
Dallas is attempting to make Dallas a “walkable” and “bike friendly” city. However, we still have a long way to go with regard to the physical structure of the roads themselves. Pedestrians and bicyclists are consistently being injured/killed in many parts of town (e.g., Bishop Arts District; Knox Henderson; White Rock Lake area). Unfortunately, pedestrian accidents happen far too often here in Dallas.Â
Cyclist’s and pedestrians’ lives are put in danger by drivers that fail to yield to them at cross walks, failing to look before turning right onto their path, and driving too closely to cyclists. When a two-ton vehicle strikes a pedestrian/bicyclist it can be fatal.
In cases such as these we prove that the driver was unreasonable in their failure to act reasonably under the circumstances. A driver is required by Texas law to stop for pedestrians and give them the right-of-way when they enter a designated crosswalk. Also, there will be times when you need to provide a certain amount of space from another vehicle. If local regulations exist, then those would also apply.
Families rely on Dallas nursing homes to provide quality care when placing an elderly relative or friend into a nursing home. Unfortunately many times families do not understand how often elder abuse occurs. Elder abuse may include:
Wrongful death claims against nursing homes present unique problems. Nursing homes commonly contain “arbitration” language within their admissions agreements. Issues related to nursing home cases often create evidentiary difficulties such as accessing all of the patient’s medical record(s) before they’re lost and identifying specific individuals who provided care to the patient in the event that they’ve been released from employment.Â
We represent families who need help with obtaining justice. We obtain copies of the medical records related to the resident while in the nursing home and review those records compared to what was planned for the resident’s care. We speak with other residents and/or family members. We examine the facility’s past inspections and violation histories.
Texas is unfortunately plagued with an extreme number of DUI’s (driving while intoxicated)
despite the fact that there are many harsh penalties for DWI. As such, individuals continue to drive their vehicles after consuming large amounts of alcohol. These acts result in the loss of the lives of innocent people.
In addition to any criminal charges filed against the drunk driver that killed your family member, you may file a wrongful death claim. The criminal action serves as punishment to the drunk driver. In addition to filing an administrative claim, a surviving family member may have the opportunity to file a civil wrongful-death lawsuit against the responsible party as long as all requirements can be met.
In some cases, a licensed establishment (i.e., bar or restaurant) may be liable if they continue to serve a visibly intoxicated individual whose level of intoxication puts others in harm’s way and that intoxication directly leads to the deceased’s death.
In addition to negligence in the service of alcohol, the State of Texas can hold alcohol providers liable under its Dram Shop Act for providing alcohol to an individual who is clearly intoxicated (and has been served enough so as to be at risk of harming themselves) if the injured party’s intoxication resulted in a cause of the accident.
A Texas Dram Shop Act Claim will be established with proof of (1) Obvious Intoxication; (2) Clear Danger; (3) Proximal Causation of Injury/Death. Evidence we would gather includes: receipts, surveillance videos, as well as testimony from both employees/staff and/or witnesses (other customers) that were present during the time period when he was being served.
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For many families, they will be dealing with a wrongful death claim for the first time. When there has been a loss due to the wrongful death of a family member, the grief and emotional pain are compounded by the overwhelming nature of the legal process. Understanding what to expect can make things easier.
I will schedule a meeting with you to discuss what occurred. During this meeting, I will be asking questions regarding your deceased loved one, the circumstances surrounding their death, and the impact that their passing has had on your family. We offer an initial consultation free of charge; all communication from the consultation will be treated according to the provisions set forth by law or regulation regarding confidentiality and professional conduct.
Once you have engaged our services, my team and I will move quickly to identify and preserve the relevant evidence. I will be gathering evidence, speaking with witnesses, obtaining relevant documents, and consulting with appropriate experts. The length of the investigative period may vary significantly based upon the complexity of your case and could potentially take several weeks or months.
Upon completion of my investigation into what occurred and identifying those responsible, we will discuss if filing your lawsuit is the next step. As well as there being a time limit on when you file a claim against an individual doctor, many Texas wrongful-death lawsuits generally have a two-year statute of limitations that begins with the date of death, although it is possible that there will be one or both of those time limits shortened in your case.
 It is generally recommended to file your lawsuit sooner rather than later; as delays create additional hurdles for proving your case.
Following the filing of the lawsuit, each party engages in a process called “discovery,” wherein we exchange information about each other’s positions. For example, we will submit written interrogatories to the defendants requesting answers to specific questions. We will also conduct depositions on the defendants’ witnesses in order to obtain sworn testimony regarding their version of events. Conversely, they will do likewise with respect to our position.
A significant number of claims ultimately resolve prior to trial via settlements with the defendants’ insurance companies making offers. Once these offers are made, I will engage in negotiations with their representatives to achieve a mutually agreeable resolution to the case. If a fair settlement cannot be reached, we may continue through litigation and then it would proceed to trial. At trial, a jury is presented with all of the evidence gathered during my investigation and renders a verdict as to liability and damages owed to your family. Trial periods can range anywhere from a few days to several weeks.
The duration of time from commencement of representation through final resolution can vary significantly. Some relatively simple claims may be resolved within one (1) year, while more complex claims involving multiple defendants could take up to two (2) or even three (3) years to fully resolve. Regardless of the timeframe, I am committed to keeping you informed throughout the entire process.
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Wrongful deaths may result in a variety of compensation options for families. While each case has its own unique circumstances, there are generally two main areas that compensation falls into.
For medical malpractice wrongful deaths Texas limits non-economic damages. For medical malpractice cases, caps have been placed on noneconomic damages for physicians and other healthcare providers who are not part of a hospital or facility. These caps are currently set at an aggregate $250,000 per patient.
Hospitals or facilities are limited to no greater than $250,000 in noneconomic damages for each injured patient, but when multiple hospitals or facilities are found liable, they collectively may be held responsible for up to a total of $500,000 per individual patient.
Texas has a number of different legal limits on malpractice-damage awards (each described below) which limit all damages awarded in connection with a claim against a physician or healthcare provider for “medical negligence” or “health care liability claim.” The amount of damages that may be recovered for medical negligence is limited by statute, as follows:
Noneconomic Damages – In general, non-economic damages, i.e., pain and suffering, emotional distress etc., arising out of a claim of negligence by a physician or non-institutional healthcare provider are capped at $250,000. However, if there were multiple institutional defendants involved in the same claim, then each defendant would be allowed to cap its noneconomic damages at $250,000 and the total capping for all institutional defendants combined could reach an additional $500,000. There are also limits to the amounts recoverable under Chapter 74.
Wrongful Death/Survival Claims — Wrongful death/survival claims may also be subject to Chapter 74 limits. Thus, when evaluating whether damages will be subject to these limitations, you should evaluate whether the damages sought are for either economic losses or non-economic losses.
I began my practice as an attorney because I experienced firsthand the impact that preventable tragedies had upon my family. I know how it can be to ask questions that don’t have answers. To perceive that the system is working against ordinary people like us. To wish someone would step up and fight for my family.Â
We handle wrongful death here at our law firm in a way that differentiates us from larger billboard advertising firms. We are not going to give your case to a junior associate or a paralegal. I am personally working on all of our cases. Each time you call, you will speak with me, and not a secretary reading off of a script.
We also limit the number of wrongful death cases we accept so each family receives the amount of attention they need. We have obtained millions of dollars for families in Dallas. However, the funds obtained through settlements/verdicts are not the reason we do what we do. Accountability is the reason. Ensuring that those accountable are held accountable. The prevention of the same type of injury happening to someone else is also a driving reason for us.Â
We don’t charge you any money upfront. We represent clients on a contingent basis, which means that our fees come from the settlement or verdict received by the client. If we fail to obtain a recovery for you, then you do not owe us any money. This means that you don’t have to worry about affording an attorney and instead, you can hire us to fight for your family.Â
A spouse, child, or parent may be able to bring an action. An executor or administrator typically will have to file a wrongful death lawsuit if no statutory beneficiaries start a wrongful death claim within three months from the date of the person’s death. However, the estate can avoid filing the claim by having all beneficiaries sign a waiver requesting they do not file a claim.
Many wrongful-death claims in Texas are subject to a general statute of limitations that is typically two years. However, the specific time frame for filing and providing statutory notice will vary based on whether you file a survival or wrongful-death action. Although there are certain limited exceptions, it would be prudent to begin this process as quickly as possible.
Texas uses Modified Comparative Fault Rules. This means that if your loved one was less than fifty percent (50%) at fault for the accident resulting in his/her death; then you may pursue recovery. However, your recovery will be reduced by the amount of your loved one’s contribution to the accident.
You may or may not need to go to trial for a wrongful death claim. The potential outcome of your wrongful death claim will depend upon the facts of the claim, the parties involved, the availability of insurance and whether a fair agreement can be reached.
As I work for families that have lost loved ones due to another’s negligence, I always consider the potential for going to trial when preparing their cases. This includes developing all aspects of the claim such as investigating what happened, obtaining records and other evidence, consulting with experts who understand the issues related to the loss, finding all those responsible and negotiating with the insurers or counsel for the party defending the claim.
If it is possible to reach a reasonable and acceptable settlement, then there may be no need to proceed with a trial. If however a settlement cannot be agreed upon, we can review the decision-making process regarding pursuing litigation and possibly proceeding to trial.
Ultimately, the decision to settle or pursue litigation (and therefore potentially go to trial) rests solely within your discretion.
I’m unable to provide an estimate or evaluation of your case at this time. Each wrongful death lawsuit has its own unique set of facts, evidence and entitlements to make a claim and therefore there is no standard method for evaluating the total amount of money your family will receive.
In order to assist me in my evaluation, please provide me with all relevant information regarding your loved one’s relationship to you (e.g., parent, spouse, child, etc.), their contributions to your household (e.g., income, household chores), the emotional impact of losing them on you and/or other family members, the circumstances leading up to and resulting in their death and/or the extent of their injuries prior to their death (if applicable).
Once we have gathered sufficient information about your case and reviewed the available evidence, I can begin to identify the types of damages that you may be able to pursue through the legal system. Based upon these findings, I will attempt to outline the possible range of outcomes that could potentially occur in your case. Give me a call and we can get started right away.Â
Possibly. The fact that the liable party does not carry liability insurance does not automatically indicate that there are no avenues for possible recovery.
In my analysis of a wrongful death case where the responsible party is either uninsured or has insufficient insurance, I review the specifics of the situation in order to determine if there are alternative options available for recovering damages. In some cases, these alternatives may include the amount of money and/or assets that the liable party possesses; an additional insurance policy; other individuals/businesses who might be legally liable along with the responsible party; or Uninsured/Underinsured Motorist Coverage (UM/UIM) from a vehicle insurance policy which includes this type of coverage as part of its standard form, but would need to be written into the policy by the policyholders in order for UM/UIM coverage to apply.
Unless the option to purchase such coverage has been rejected in writing by Texas automobile policyholders, most standard Texas automobile policies provide Uninsured and Underinsured Motorist coverage. The question of whether the Uninsured and Underinsured Motorist coverage contained within the policy applies to a wrongful death case will depend upon the language of the specific policy issued; the persons covered through the terms of the policy; and all relevant facts related to the collision.
The lack of sufficient funds to compensate victims due to the financial inability of the defendant(s), makes recovery more challenging. Therefore, I don’t immediately assume that compensation will be available to me until I have identified the parties who were responsible for causing damage to my client; and I have reviewed their respective insurance policies, and other sources that may provide possible avenues for recovery.
You don’t want to just hire any attorney. You want an attorney that you can trust. An attorney that listens to you. An attorney that is willing to fight for you.
When you’re searching for a wrongful death attorney here in Dallas, it’s essential to ask the right questions. How many wrongful death cases has he or she worked on? What were the results of those cases? Who will actually be working on your case? How will you receive information regarding your case? How often should you hear from the firm about your case?Â
Review what others (other families) have said about their experience with the attorney. Review the attorney’s history of success. Ensure that the attorney has enough financial resources to challenge large corporations and/or insurance companies.
Prior to making a decision, meet with several attorneys. Many attorneys provide free consultations. Take notice of how each attorney makes you feel. The relationship with the attorney you select will likely continue for months or even years. It’s important that you find someone you are comfortable with.
Our law firm is located in Dallas, Texas. Our wrongful death attorneys represent families in Dallas County, all across Texas, as well as surrounding communities such as Richardson, Garland, Irving, Grand Prairie, Mesquite, Carrollton and others.
We would like to assist you during this challenging time if your loved one was killed due to another’s negligence or wrong doing. Please contact our office so that we may discuss what occurred and determine if there exists a viable cause of action against those responsible. My name is Jay Murray, and I’d consider it a privilege if you allowed me to answer any questions that you have.Â
Responsible Attorney: Jay Joseph Murray. Primary Practice Location: Dallas, Texas.
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