Dallas Wrongful Death Lawyer

Have you lost someone due to the negligence of another?

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Wrongful Death Law Firm in Dallas Texas

Losing a loved one is a traumatizing experience in and of itself. When the death is caused by the negligence of another person or with intent, this can make the process of loss much harder. Wrongful death is one of the most common crimes that happen in today’s world.

Whether it is a car accident, medical malpractice, or an arson fire, there are many causes for a wrongful death case. Working with one of our Dallas wrongful death attorneys can help bring your emotional and financial health to a better place. Our law firm will ensure that you are being professionally and successfully represented in court.

Why to have a wrongful death lawyer present in your case

Our Dallas attorneys understand the difficulty that comes with losing a friend or family member to wrongful death. Aside from the changes and planning that happens after a loved one dies, we know you want answers and resolution to the situation. We work to shift the stress of the situation from your plate to ours.

We start out every wrongful death claim by doing a deep dive into your case and build the evidence necessary to ensure that justice is served. We work with many specialists and experts to help build a case of negligence.

Use Form or Call 1.800.391.0227

Free Consultation. Pay Only If You Win.

If you or a loved one has a related case, please fill out the form below to schedule a call.

Schedule your free consultation now

Jeff Weinstein Attorney at Law
Weinstein Law
Dallas, TX
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What can a Dallas wrongful death attorney do for you?

Here are just a few of the things that we can do for you:

Helping you through the legal process – Understanding the legal process can be complex, especially when dealing with heightened emotions from the loss of a loved one. We have an extensive understanding of Dallas’ wrongful death protocols and its system and know how to navigate your case in the most effective way possible to ensure you recover damages from this case. It is important to keep everything up to date in your wrongful death lawsuit. There are many legal documents and deadlines that must be met in wrongful death cases. A wrongful death attorney can help explain all of the complexities of the legal documents, as well as ensure that everything is filled out in a timely manner and adhering to the laws in Texas.

Helping to establish negligence – Proving that a party is responsible for your loved one’s death without a legal background can become quite challenging. It is important to prove that the party responsible exhibited blatant negligence or irresponsible behavior. It must also be proved that this behavior not only caused the death of your loved one, but also caused your family financial, medical, and/or emotional hardship in the process. A lawyer can look for evidence to prove that the responsible party acted without exercising the care for others and their safety.


Connecting negligence to damages – It is important after negligence is established that this negligence is connected to the death of your loved one. A wrongful death lawsuit can only be successful if all of the dots are connected. For example, if a person was drunk and hit and killed a pedestrian, it must be proved that the person was, in fact, drunk and said person being drunk caused him to hit and kill the pedestrian. It must also be proved that the damages as a result of the wrongful death were in direct result. Some examples of this might be medical bills, doctor’s visits, or funeral expenses.

Recovering damages – In the case of a wrongful death, the family is entitled to certain damages. These damages are designed to cover expenses such as medical and funeral expenses. The amount or type of damage compensation the family will receive will depend on the situation. Sometimes a spouse may inherit financial compensation for the loss of a partner on behalf of the deceased’s savings, etc.

Dallas Wrongful Death Frequently Asked Questions (FAQ)
Can anyone file a wrongful death lawsuit?
In order to file a wrongful death lawsuit, one must be directly related or some sort of beneficiary to the deceased. When filing for a wrongful death lawsuit you can file as an executor on behalf of the deceased. This could be a spouse, sibling, son or daughter, or if stated in a pre-executed will, a family friend. If a pre-executed will is in place, it will depend on who is listed in the will to make these types of decisions.
Do you always receive compensation in a wrongful death case?
The type of compensation you receive for a wrongful death case varies state by state. If it is proven that the death in question resulted from negligence, then it would in fact be considered a wrongful death case. As a result, families may receive damage compensation. This could be in the form of funeral expenses, medical bills, lost wages, etc. It is best to consult with your Dallas wrongful death attorney on what your state’s laws are to know what rights you have.
Do you need to open an estate before filing a wrongful death claim?
Yes, you must open an estate before filing a wrongful death claim. Opening an estate is important because this is how your loved one’s belongings and finances will be dispersed amongst friends and family. In opening an estate, you will need to appoint someone to handle all of the legal affairs on behalf of your loved one; typically, your attorney can assist with this, as well as your wrongful death claim. Once someone is appointed and your loved one’s will can be assessed, and your attorney can then help you in moving forward with your claim.
Do I need to hire an attorney to open an estate?
Whether or not you will need to hire an attorney to open an estate will depend on if your loved one had a pre-existing will before he or she passed, and the extent of the belongings your loved one has left behind. If your loved one did not have a pre-existing will, this may be able to be handled without the help of an attorney. If there was a pre-existing will and your loved one had many assets, it is best to consult with your attorney to guide you through the process, especially if you are filing a wrongful death claim.
How is a wrongful death claim different from a personal injury lawsuit?
Both personal injury lawsuits and wrongful death lawsuits are similar in the sense that both result from another party’s negligence. In a personal injury case, the person is injured in some capacity but survives the accident. In a wrongful death case, the person is not only injured but does not survive the accident. An example might be if a person is texting and hits a pedestrian, but the pedestrian is left with a back problem, this would be a personal injury case. If the pedestrian in question is struck and does not survive, this would turn into a possible wrongful death lawsuit.

Types of wrongful death cases in Texas and how to recover damages for the deceased

There are many types of cases that constitute filing for a wrongful death lawsuit. These could vary from car accidents to nursing home abuse.

Car accidents – Car accidents are one of the most common types of scenarios in wrongful death lawsuits. Usually, most car accidents are a result of negligence on behalf of one driver. This can vary from texting or talking on the phone, i.e. not paying attention to the road, or driving under the influence. If a person is not paying attention to the road or is found to be under the influence and hits and kills a pedestrian, this would constitute a wrongful death lawsuit. Surrounding conditions are also taken into consideration in these situations where wrongful death cannot be directly proved. Some of these issues might be the state of the road, construction issues, or conflicts with the weather than may directly affect driving conditions for those on the road.

Malpractice – When going in for a medical procedure, we put our lives in the hands of what we hope are skilled medical practitioners. Even the most skilled practitioners have been known to make mistakes. Usually, these mistakes are due to medical professionals not following proper protocols or taking “short cuts” to cut corners. Many patients have had their lives taken due to misdiagnosis, unnecessary surgery, or mistakes during surgery.

Aviation accidents – Going on an airplane is in and of itself a risk. Just like driving a car, we are putting in our lives in the hands of an extremely powerful machine, along with the person flying the plane. Error on behalf of pilots due to being under the influence or not performing proper airplane maintenance can be extremely dangerous. Dependent upon the situation, either the pilot or the airplane manufacturer could be held liable in these types of scenarios.

Nursing home abuse or patient neglect – Just as we do when we enter a hospital, when entering a nursing home, we put our faith in those in charge. Nursing home abuse can come in many different forms. It is difficult for any nursing home to monitor every single employee that works there. Because those who live in nursing homes are elderly and/or suffering some form of illness, the risk of death from any form of abuse becomes much higher. Some examples of nursing home neglect might be from infected sores, slip and fall accidents due to not being monitored, or lack of nutrition.


Product or medication liability – When taking a new medication or trying a new product it is important to be informed of all risks associated with that product. Oftentimes a manufacturer of a product will take short cuts and not perform all of the risk assessments needed in order to ensure that a product is safe for use. This can be extremely dangerous for anyone taking or using the product. If a product is not securely tested before use, this can constitute product liability. The company producing the product will be held liable if someone is injured, suffers illness, or death while taking the products.

Slip and fall accidents – Slip and fall accidents fall under two categories of law: premise liability and wrongful death. Due to premise liability, an owner of a property is responsible for ensuring that a property is kept to the proper standard for anyone who enters that property. If a person faces any sort of injury while on the property, whether it be personal or commercial property, that owner is then held liable. Usually, in premise liability cases, this is due to negligence on behalf of the owner, i.e. the owner failing to fix something that is defective on the property. If a person is not only injured but is killed on a property due to negligence, this then becomes a wrongful death case. When you enter someone’s property you are trusting that you are to be safe on that property. Slip and fall accidents due to defective stairs or flooring that result in death would make the property liable for a wrongful death lawsuit.

Dog bite accidents – Dog bite accidents also bleed into premise liability. If you enter a person’s property and there is no warning that their pet is dangerous and you get bitten, the owner is liable for your injuries. If this injury results in death, you have a wrongful death lawsuit on your hands. Especially in the case of children, this becomes extremely dangerous. It is important to take all precautions to let your guests or outsiders know of any potential dangers in regard to your pet.

Motorcycle accidents – In a similar category to car accident wrongful death cases, motorcycle wrongful death cases make up a high percentage in lawsuits. Often, cars are not able to see when a motorcycle is approaching them on the road. This can cause for merging lanes and running a motorcycle rider off the road. There have also been many cases of motorcycle accidents with drivers under the influence. It is important to know the dangers of distracted driving or driving under the influence either in a standard vehicle or on a motorcycle before getting on the road.

More Information

Some location-specific wrongful death content can be found in the links below:

About Wrongful Death

Join us as we speak with Attorney at Law, Jeff Weinstein, from Weinstein Law. In this interview we discuss details about wrongful death litigation in Texas and Jeff's backround and motivations behind representing wrongful death clients.

Jeff Weinstein

Attorney at Law, Weinstein Law

About Jeff Weinstein

Attorney Jeff Weinstein opened his law office in Henderson County more than 20 years ago to help people hurt in accidents caused by someone else's reckless or negligent behavior. Since that time, he is proud to have helped so many people in the part of Texas that he calls home.

As the founder of Weinstein Law, Jeff takes on the insurance companies and their lawyers on a regular basis. Many times, he is able to negotiate a settlement that meets the needs of his clients. But if the insurance company won't settle, he is ready to fight them in court. His entire legal team is dedicated to helping you get the best possible outcome in your case.

Law Firm Information
Firm: Weinstein Law
Address: 5956 Sherry Lane
Dallas, TX
Phone: 1.800.391.0227
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