Dallas Wrongful Death Lawyer

Compassionate Dallas wrongful death lawyers helping grieving families hold negligent parties accountable. Schedule a free consultation with our firm today.

If you’ve lost a family member because someone else was careless, you’re may be dealing with deep grief and sudden financial strain at the same time. Funeral bills arrive, income disappears, and questions about what happened often go unanswered. Our Dallas, TX wrongful death lawyer can help your family pursue accountability while you focus on healing. Brandy Austin Law Firm, PLLC has represented injured Texans and grieving families for more than a decade. We approach these cases with the patience and persistence they require. When you’re ready, reach out for a free consultation.

Wrongful Death Lawyer Dallas, TX

A wrongful death claim is a civil case brought by surviving family members after someone dies due to another party’s negligence or wrongful conduct. It exists separately from any criminal case the state might pursue. The goal is financial recovery for the family’s losses, not criminal punishment of the person responsible.

Texas law limits who can file a wrongful death suit, generally to the spouse, children, and parents of the person who died. These claims can follow a fatal car crash, a defective product, unsafe property conditions, or a preventable medical error. A Dallas wrongful death attorney investigates how the death happened, identifies who is responsible, and builds the evidence needed to support the claim.

Types of Wrongful Death Cases We Handle in Dallas

Fatal incidents take many forms, and the cause determines how a case is investigated and proven. Our firm handles wrongful death matters arising from a range of accidents across Dallas County. These are the situations we see most often.

• Car accidents. High-speed collisions, drunk drivers, and distracted driving cause some of the most devastating losses on Dallas roads. We work with crash reconstruction and police records to establish who was at fault.
• Truck accidents. Wrecks involving 18-wheelers and commercial trucks often raise serious questions of company liability. We examine driver logs, maintenance history, and the trucking company’s role in the crash.
• Motorcycle accidents. Riders have little protection, so a collision that injures a car driver can be fatal for a motorcyclist. We fight against the assumption that the rider was automatically to blame.
• Bicycle accidents. A cyclist struck by a motor vehicle frequently suffers catastrophic harm. We look closely at driver conduct, roadway design, and visibility to pin down responsibility.
• Pedestrian accidents. People on foot are exposed in crosswalks, parking lots, and along busy streets. Drivers who fail to yield or speed through intersections can cause fatal contact in an instant.
• Slip-and-fall accidents. Property owners owe a duty to keep their premises reasonably safe. When a fall on a dangerous stairway or surface leads to death, premises liability principles come into play.
• Dog attacks. A severe mauling can prove fatal, especially for young children and older adults. We pursue the owners of dangerous animals when their carelessness causes a death.
• Boating accidents. A day on the lake turns tragic when operators drink, speed, or ignore basic safety rules. We handle fatal incidents on local waterways and reservoirs.
• Fatal child injuries. The loss of a child is the hardest case any family faces. We handle these matters with the sensitivity they demand while pursuing full accountability.

Why Choose Brandy Austin Law Firm, PLLC as my Wrongful Death Lawyer in Dallas, TX?

Trial Experience That Carries Weight

Brandy Austin, has practiced law in Texas since 2008 and built this firm from a $300 filing fee into a full-service practice. She has tried cases to verdict and earned recognition as a Rising Star by Super Lawyers from 2015 through 2018, along with a Top 10 Under 40 honor from the National Academy of Personal Injury Attorneys. She is a Fellow of the Texas Bar Foundation and serves as President-Elect of the Tarrant County Trial Lawyers. Over the years, our firm has recovered millions of dollars for injured clients and grieving families.

Knowledge of Dallas Injury Cases

Wrongful death claims overlap heavily with broader injury law, and our personal injury lawyer in Dallas, TX provides a strong foundation for this work. We represent plaintiffs only, which means that our attention stays on those harmed by negligence, never the insurance companies trying to limit what your family recovers.

Dallas Wrongful Death Infographic

Understanding Wrongful Death Cases

Damages, Liability, and Compensation for Wrongful Death Cases

Texas allows surviving family members to recover for the losses a death causes them. Liability turns on showing that another party’s negligence or wrongful act led to the death. Once that connection is established, compensation in a wrongful death case may cover several categories of damages:

• Lost earning capacity and the financial support the deceased would have provided
• Loss of love, companionship, comfort, and guidance
• Mental anguish suffered by surviving family members
• Lost inheritance the family reasonably expected to receive
• Funeral and burial expenses

A family may also pursue types of compensation through a related survival claim, which covers what the deceased endured before passing. Where the conduct was especially reckless, additional damages can sometimes be available.

Important Aspects of a Wrongful Death Case

A handful of elements tend to decide how a claim unfolds, and each one deserves early attention. Here are important aspects of every wrongful death case:

• Proving negligence. The family must show the at-fault party owed a duty, breached it, and caused the death. Proving fault often depends on preserving evidence before it disappears.
• Identifying every responsible party. More than one person or business may share blame, which affects how much each owes under Texas comparative fault rules.
• Separating the claims. A wrongful death claim and a survival claim compensate different losses, and both may apply to the same incident.

Wrongful Death Case Timeline

No two wrongful death cases proceed at the same pace, but most follow a recognizable path. The general sequence looks like this:

• Initial review of how the death occurred and who may be responsible
• Investigation and collection of records, reports, and witness accounts
• Filing the claim and formally notifying the parties involved
• Discovery, where both sides exchange evidence and take testimony
• Settlement negotiations, followed by trial if a fair resolution isn’t reached

Some claims resolve in a matter of months. Others take much longer, particularly when liability is disputed or several parties are involved.

What to Bring to Your Wrongful Death Consultation

Bringing a few key items helps us evaluate your situation during that first meeting. Gather what you reasonably can, and don’t worry about anything you’re unable to locate yet. We understand that in the midst of emotional grief, it can be difficult to find all of the information you need at this time. If you have it, bring the following:

• Any accident, police, or incident reports
• The death certificate and related medical records
• Photographs, written correspondence, or insurance information
• A timeline of events as you understand them

Expect an empathetic and honest conversation about your options and what the path ahead may realistically look like. We’ll explain how a wrongful death lawsuit works in Texas and answer the questions weighing on you. The consultation costs nothing.

Texas Legal Resources for Wrongful Death Cases

Families researching a claim can review the laws that govern these cases through official Texas sources. The points below are starting places, not legal advice for your specific situation.

• Two-Year Deadline: Texas sets a deadline to file most wrongful death suits, measured from the date of the death.
• Comparative Fault Rule: The state’s rules can reduce or bar recovery based on each party’s share of responsibility.
• Civil Practice Code: The Texas code is where you can read the civil statutes that apply to these claims.

Reach Out to Brandy Austin Law Firm to Schedule a Consultation

When you’re ready to talk about what happened to your loved one, our team at Brandy Austin Law Firm, PLLC is here to listen. A wrongful death consultation with our firm is free, and there’s no pressure to decide whether you move forward. We’ll assess what happened, explain your options under Texas law, and answer any questions you may have. Contact us to schedule a time that works for you.

Wrongful Death Statistics in Dallas 

Losing a family member to someone else’s negligence is devastating, and it happens far too often in Texas. The Texas Department of Transportation recorded 4,150 traffic fatalities statewide in 2024, a figure that breaks down to roughly one death on a Texas road every two hours and seven minutes. Many of those crashes occurred on Dallas highways during rush hour and holiday weekends. The Bureau of Labor Statistics reported 5,070 workplace fatalities nationally in 2024, and Texas led all states with 578 worker deaths, driven by the construction, energy, and transportation industries that dominate the Dallas-Fort Worth economy. Meanwhile, researchers at Johns Hopkins University found that preventable medical errors cause more than 250,000 deaths across the country each year, placing medical mistakes behind only heart disease and cancer as a cause of death.

• 4,150 traffic deaths occurred in Texas in 2024, with Dallas County among the deadliest regions due to heavy commuter volume on I-35E, I-30, and I-635.
• 578 workplace fatalities were recorded in Texas, more than any other state. Transportation incidents and falls accounted for the majority.
• 1,053 alcohol-related crash deaths happened statewide, with impaired driving concentrated during late-night hours along corridors in Deep Ellum and Lower Greenville.
• Over 250,000 Americans die each year from preventable medical errors, according to a study published in The BMJ.

If your family has lost someone due to another party’s carelessness, a Dallas injury attorney or wrongful death lawyer can help you understand what legal options may be available.

Mistakes That Can Hurt a Wrongful Death Case

Grieving families often make decisions in the days after a loss that can weaken their legal claim without realizing it. Here are ten mistakes to avoid.

1. Waiting too long to take legal action. Texas law gives families two years from the date of death to file a wrongful death lawsuit. That window closes faster than most people expect, especially when grief delays every decision.
2. Not preserving evidence early. Physical evidence from the scene, whether it is a car wreck on I-30 or a construction site, can be cleaned up or destroyed within days. Gather photographs, surveillance footage, and witness contact information as soon as possible.
3. Talking to the at-fault party’s insurance company. Insurers contact surviving family members quickly, sometimes within hours of a death. Their goal is to settle fast and settle low. Anything you say in those conversations can be used to reduce your claim’s value.
4. Accepting the first settlement offer. Early offers rarely reflect the full scope of a family’s losses. Future lost income, benefits the deceased would have provided, and the emotional toll on surviving children and spouses all factor into what a case is actually worth.
5. Posting about the death or case on social media. Defense attorneys monitor the social media accounts of plaintiffs and their families. A post that seems harmless, like a photo at a family gathering, can be twisted to suggest the family is not suffering the way they claim.
6. Failing to request an autopsy or independent investigation. In cases involving nursing home neglect or suspected medical errors, an independent autopsy can reveal evidence that the facility’s own records may not show.
7. Assuming only one person can file the claim. Under Texas law, a surviving spouse, children, and parents of the deceased each have the right to bring a wrongful death action. Families should coordinate early to avoid conflicting claims that weaken the overall case.
8. Overlooking a survival action. Texas also allows a survival action, which covers the pain, suffering, and medical costs the deceased experienced between the injury and the time of death. This is a separate claim from the wrongful death action itself, and missing it leaves compensation on the table.
9. Not accounting for all financial losses. Families sometimes focus only on funeral costs and immediate medical bills. But wrongful death damages also include lost future earnings, loss of household services, and loss of companionship, which can represent the largest portion of a claim.
10. Trying to handle the case without an attorney. Insurance companies and corporate defendants have legal teams working to limit payouts. Families who negotiate alone consistently receive less than those with legal representation.

A wrongful death lawyer who handles cases in Dallas can review the facts and advise your family on the strongest path forward.

Dallas Wrongful Death Lawyer FAQs

Who can file a wrongful death lawsuit in Texas?

Texas law allows the surviving spouse, children, and parents of the deceased to file a wrongful death claim. If none of these parties files within three months, the executor or administrator of the estate may bring the action on their behalf.

How long do I have to file a wrongful death case?

The statute of limitations for wrongful death in Texas is generally two years from the date of the person’s death. Missing this deadline almost always results in the court dismissing the case entirely.

What types of compensation are available in a wrongful death case?

Families may recover damages for lost income and earning capacity, funeral and burial expenses, loss of care and companionship, mental anguish, and the loss of inheritance. In cases involving gross negligence, punitive damages may also be available.

How is a wrongful death case different from a survival action?

A wrongful death claim compensates the surviving family members for their own losses. A survival action compensates the estate for what the deceased person endured between the injury and death, including their own pain, suffering, and medical bills.

Can I file a wrongful death claim if my loved one was partially at fault?

Texas follows a modified comparative fault rule. Your family can still recover damages as long as the deceased was not more than 51 percent responsible for the incident. The recovery amount is reduced by the deceased’s percentage of fault.

What if the death was caused by a defective product?

Product liability wrongful death cases follow a different legal framework. Manufacturers, distributors, and retailers can all be held liable if a defective product caused or contributed to the death, even without proof of negligence in some situations.

How much does it cost to hire a wrongful death lawyer?

Brandy Austin Law Firm handles wrongful death cases on a contingency fee basis. You pay no legal fees unless the case results in a settlement or verdict in your family’s favor.

How long does a wrongful death case take to resolve?

Timelines vary. Cases with clear liability and cooperating insurers may settle in several months. Complex cases involving multiple defendants, disputed fault, or corporate negligence can take a year or longer.

What evidence is needed to prove a wrongful death case?

Key evidence includes the death certificate, police or incident reports, medical records, witness statements, financial records showing lost income, and any documentation of the relationship between the deceased and surviving family members.

Can I file a wrongful death case for a hit-and-run?

Yes. Even when the at-fault driver fled the scene, a hit-and-run investigation can often identify them through surveillance cameras, cell phone records, vehicle debris, or witness descriptions. Uninsured motorist coverage may also apply if the driver is never found.

Important Resources for Dallas Wrongful Death Cases

Most Dangerous Locations for Fatal Accidents in Dallas

Certain roads and intersections in Dallas account for a disproportionate share of fatal crashes each year.

Dangerous highways in Dallas:

• I-35E: one of the highest fatal crash rates per mile in the metro area, with heavy truck traffic increasing the severity of collisions
• I-30: at least 12 fatal crashes recorded in a single recent year, concentrated near interchanges east of downtown
• I-635 (LBJ Freeway) at Skillman: averages more than 256 crashes annually at this interchange alone
• US-67 (Marvin D. Love Freeway): frequent high-speed collisions in southern Dallas
• Loop 12: more than 500 severe accidents over a recent five-year span

Dangerous streets in Dallas:

• Buckner Boulevard: high pedestrian and vehicle collision rates in east Dallas
• Northwest Highway: heavy congestion leads to frequent rear-end and intersection crashes
• Jim Miller Road: one of the most accident-prone corridors in southeast Dallas
• Corinth Street: elevated crash frequency near the Cedars neighborhood

If a family member was killed in a crash on any of these roads, acting quickly to preserve evidence and consult an attorney is critical.

What Are Important Local Resources for Dallas Wrongful Death?

The following local resources may be helpful after a fatal accident or unexpected death in Dallas:

• Parkland Memorial Hospital, 214-590-8000, Level I trauma center
• Dallas County Medical Examiner (SWIFS), 214-920-5900, Autopsies and death investigations
• Dallas Police Department, 214-671-4268, File or obtain accident and incident reports
• Dallas County DA Victim Services, 214-653-3600, Assistance for families of crime victims

Listing these resources is for informational purposes only and does not constitute an endorsement.

About Brandy Austin Law Firm

What started as a $300 investment in 2017 has grown into a firm that families across Dallas-Fort Worth turn to during the worst moments of their lives. Brandy Austin built the practice from the ground up, and her work has earned recognition from several national organizations. The American Institute of Personal Injury Attorneys named her among its 10 Best for Client Satisfaction, and she holds the distinction of AVVO Top Attorney and Top 10 Attorney Under 40 from the National Academy of Personal Injury Attorneys. As an Associate Fellow of the Litigation Counsel of America, she belongs to a group limited to the top half-percent of American lawyers. The firm’s track record includes a judgment exceeding $1,000,000 in a dog bite injury case.

What Our Clients Say

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“Due to no fault of my own, I was in a car accident. They treated my case as if it was their number one priority. The staff was highly professional and extremely knowledgeable. Thank you Brandy Austin Law Firm for restoring my faith in the fact that Justice Will Prevail!”

Rhonda B. | Read more reviews on our Google Business Profile.

Additional Resources for Dallas Wrongful Death Cases

Learn more about topics that may apply to your family’s situation:

• Proactive Steps Families Can Take After a Fatal Car Crash
• Navigating The Legal Landscape of Wrongful Death Lawsuits
• How Are Wrongful Death Settlements Taxed
• Estate Planning After a Wrongful Death Settlement: What You Need to Know
• Key Facts About Texas Wrongful Death Laws

Contact Brandy Austin Law Firm

Brandy Austin Law Firm works on a contingency fee basis for wrongful death cases, which means your family pays nothing unless the case is successful. If you have lost a loved one due to someone else’s negligence in Dallas, contact us to discuss your family’s claim and learn what options may be available.