Who can sue for a wrongful death action in Dallas Texas?

May 22, 2020 – Texas

Motor vehicle, work-related, nursing home negligence, or freak accidents, medical malpractice, criminal acts, police brutality, and products liability errors can result in wrongful deaths in Dallas.  In the State of Texas, if a person dies due to a wrongful act caused by negligence, breach of contract or default, a deceased person’s loved ones or the estate may file a civil suit for a legal remedy for the death and losses related to it. Surviving loved ones may ask themselves: “Where can I find attorneys near me?” when a wrongful death occurs because of the negligence or wanton disregard of another person.


Wrongful death actions are brought to provide for surviving spouse, children, and parents of the deceased individual.  The surviving spouse, children, and parents who lost their loved one may initiate legal action for the benefit of all listed parties.  Texas Statutes 71.002 states that a cause of action for wrongful death can be initiated when is found to be responsible for injuries that cause a person’s death when the injury was caused by another’s wrongful act, neglect, unskillfulness, default, or carelessness.  This includes employers, healthcare providers, public and private transportation companies, and any individual who caused fatal injury on purpose or by negligence.

Time to file a claim.

In Texas, family members, or legal representatives must file a wrongful death legal action within two years from the date of the incident that caused the untimely death. A Texas wrongful death attorney can assist with damage valuations and timelines relevant to a case. When an action is delayed beyond three calendar months after the fatal injury, an executor or administrator of a will may bring an action unless the surviving spouse, children, and parents request they do not.

Damage compensation may cover:

  • Medical bills and treatment,
  • Funeral and burial expenses,
  • Lost wages relevant to life expectancy compensation,
  • Compensation for pain and suffering,
  • Punitive damages based on individual case.

based on:

  • support and services the deceased person provided to the family,
  • loss of companionship, guidance, and protection provided by the deceased,
  • mental and emotional pain and suffering due to the loss of a family member, and
  • medical or funeral expenses paid for the deceased person.

The estate of the fatally injured party may also recover certain types of damages. These include:

  • lost wages, benefits, and earnings, including the value of lost earnings the deceased could reasonably have been expected to make in their lifetime,
  • lost earnings the estate could reasonably have been expected to collect if the deceased person had lived, and
  • medical and funeral expenses that were paid by the estate directly.

Texas law limits punitive damages to two times the actual damages up to $750,000 in total damages, or $200,000.

Hire a lawyer.

Individuals who have lost a loved one due to the negligence of another person may be able to file a wrongful death action and receive compensation for their losses.  It is best to speak with a wrongful death lawyer at the Cooper Law Firm in Dallas Texas about case specifics.

Cooper Law Firm

Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone: (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035


  2. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm


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