Dallas Wrongful Death Attorney

wrongful death

Losing a loved one because of someone else’s negligence is one of the most painful experiences a person can endure. When the worst happens, the Dallas wrongful death attorneys at Kraft & Associates, Attorneys at Law, P.C. demand fair compensation for survivors.

Our firm has been serving clients affected by wrongful deaths in Dallas since 1971. When you need a compassionate and determined legal team to pursue justice for a loved one’s tragic passing, we are here for you.

Call Kraft & Associates, Attorneys at Law, P.C. today at (214) 999-9999 or contact us online to speak with a wrongful death lawyer in Dallas, TX.

How a Dallas Wrongful Death Attorney Can Help Your Family

After a fatal accident, families are often overwhelmed by funeral arrangements, medical bills, lost income, and the emotional impact of sudden loss. Working with a Dallas personal injury attorney allows you to focus on healing while a legal team protects your rights.

An experienced wrongful death lawyer at Kraft & Associates, Attorneys at Law, P.C. can help by:

  • Investigating the cause of death, which means securing evidence of the fatal negligence, consulting experts to inform and bolster our case, and crafting a cohesive narrative driving your wrongful death claim
  • Identifying all responsible parties, knowing that the party who directly caused your loved one’s passing may not be the only one with financial liability for your damages
  • Representing you with insurance companies, which will allow us to protect your rights, urgently work towards a fair settlement, and provide you the space to process your loss without being bothered by insurers
  • Calculating full damages while recognizing how monumental the loss of a loved one tends to be – both financially and emotionally
  • Filing and resolving your lawsuit, drawing on experience from the many wrongful death cases our firm has led since its founding in 1971

There is nothing easy about a wrongful death – and that includes the pursuit of justice. However, the Texas wrongful death lawyers at our firm make the complicated but vital legal process far less daunting for our clients. We will keep you informed, and you won’t have to take time away from your healing to manage your case. While you work through your grief, we will work to demand a fair financial recovery for your life-changing loss.

Why Choose Our Firm for Your Dallas Wrongful Death Case?

You shouldn’t engage just any wrongful death lawyer. Your attorney should know your case inside and out, understand the unique qualities of the loved one you have lost, and know you well enough to be a valuable advocate.

Our attorneys and support staff strive to be highly effective legal counselors. We also want clients to regard us as family, as that’s how we view them. Some of the most common reasons why clients in Dallas trust our firm after losing a loved one are:

A Team Built for Serious Injury and Loss

Kraft & Associates, Attorneys at Law, P.C. is intentionally structured to ensure families facing catastrophic loss receive consistent attention, clear communication, and start-to-finish advocacy. You will have the total support of our entire team on your side to help you through this fight.

Experience That Families Can Rely On

Our firm has been fighting for Texans for more than 55 years. This experience is especially important in wrongful death cases, where the stakes are always high and the challenges are numerous. Families mourning a loved one’s loss rely on us because they know we’ve been here before.

A Reputation Earned Through Repaying Clients’ Trust

Kraft & Associates, Attorneys at Law, P.C. has earned a strong reputation throughout Dallas for professionalism, compassion, authenticity, responsiveness, and results.

Don’t take our word for it. Read the testimonials of real clients we have helped in real, meaningful ways:

“The entire staff at Kraft & Associates took care of me at the utmost professional level and made me feel completely comfortable with everyone who assisted me.. your firm truly cares for their clients.” – Santiago R.

“I am grateful for Kraft & Associates. When my husband passed we needed help to pay everything and they came through for us!” – Patricia P.

Resources to Take on Powerful Defendants

Wrongful death claims can involve trucking companies, large employers, multinational insurance, product manufacturers, and other liable parties with extensive resources.

Our legal firm also has considerable resources that we don’t hesitate to deploy on our clients’ behalf. Whether it is our roster of client-driven attorneys, our network of experts, or the financial resources that have come with our success over the decades, you have strong backing when you choose our firm for your Dallas wrongful death case.

What Qualifies as a Wrongful Death in Texas?

Under Texas law, a wrongful death occurs when a person dies as a result of someone else’s negligent, reckless, or intentional act. If the victim could have filed a personal injury claim had they survived, their surviving family members likely have grounds for a wrongful death lawsuit.

If you have lost a loved one in any circumstance you believe may have been preventable, don’t hesitate to contact our firm about your options for seeking justice.

Common Causes of Wrongful Death in Dallas

Dallas is one of America’s greatest cities, but it’s also a city with more than its fair share of danger. Common causes of wrongful death in Dallas include:

Our attorneys don’t tolerate those who take others’ lives through their negligent actions. Allow us to respond to your loved one’s passing with the compassionate, urgent advocacy every survivor deserves.

Who Can File a Dallas Wrongful Death Claim?

Texas law limits who is eligible to file a wrongful death claim. Generally, surviving family members who may bring a claim include the victim’s:

  • Spouse
  • Children
  • Parents

Any one or more of these family members can file a wrongful death claim and seek financial compensation. If none of these individuals files a claim within three months of the victim’s death, the estate’s personal representative may be able to pursue a claim instead. Our attorneys can explain your eligibility to pursue a lawsuit based on your unique circumstances.

What Damages Can Families Recover in a Wrongful Death Case?

Losing a loved one does not just mean losing a paycheck that helps keep a family financially stable. It also does not just mean losing the person who provided emotional support and good humor. A wrongful death deprives survivors of every positive attribute the victim provided, and your case must respect the multifaceted nature of your loss.

Wrongful death compensation may include:

  • Medical expenses related to the final injury or illness
  • Funeral and burial costs
  • Lost financial support
  • Loss of inheritance
  • Loss of the victim’s household contributions
  • Grief and emotional anguish
  • Loss of companionship, care, guidance, and support

In cases involving intentional acts or gross negligence, additional punitive damages may be available to punish the wrongdoer and deter similar behavior.

How Liability Is Proven in a Dallas Wrongful Death Case

To recover damages in a wrongful death lawsuit, we must establish who is financially liable. We typically prove this by:

  • Conducting a thorough investigation into your loved one’s death
  • Preserving critical evidence before it’s lost or destroyed
  • Analyzing all available proof, including police reports and accident scene evidence
  • Interviewing eyewitnesses who saw the accident or the circumstances surrounding it
  • Consulting experts who can explain the victim’s injuries and how they were caused

As we formulate your case strategy, we will explain to you who is liable for your loved one’s loss and how we plan to hold those liable parties accountable for your pain and financial losses.

How Long Do Families Have to File a Wrongful Death Claim in Texas?

In most situations, families have two years (2) from the date of their loved one’s death to file a wrongful death claim in Texas. However, there are exceptions, and a strong case takes time to build. Missing this deadline should not be an option you even want to consider, which is why you should not wait to contact our firm about your wrongful death case.

How to File An Injury Claim in Dallas, TX?

The experienced Dallas wrongful death lawyers at Kraft & Associates, P.C., are sensitive to our clients’ grief. Our goal is to help you in this time of healing by making sure your future financial needs are met. We will guide you through the entire filing process of your case.

Talk to Our Dallas Wrongful Death Lawyers Today

If your family has tragically lost a loved one due to someone else’s actions, you deserve answers, accountability, and support you can rely on. You’ll get all of this and more from the experienced Dallas wrongful death attorneys at Kraft & Associates, Attorneys at Law, P.C.

The sooner your case is in our hands, the sooner you can stop worrying about how you will hold liable parties accountable. We’ll take over your fight for justice and be in touch frequently until your case is resolved.

We’re an established and professional law firm with compassionate wrongful death attorneys and staff who are easy to talk to. Call Kraft & Associates, Attorneys at Law, P.C. today at (214) 999-9999 or contact us online for your free consultation with a trusted wrongful death lawyer in Dallas, TX.

Wrongful Death Frequently Asked Questions (FAQ)

Holding the negligent party accountable in a wrongful death claim begins with understanding how these legal claims work, the laws that govern them, and what you can expect when pursuing one. To help you do that, here are some of the most common wrongful death claim-related questions our attorneys are asked.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

Families often hear “wrongful death claim” and “survival action” used together, which creates confusion. Texas law treats these claims as separate legal actions, even though they often proceed at the same time. Here are the key differences between these two types of legal claims:

Wrongful Death Claim

To file wrongful death claims in Texas, eligible parties such as the surviving spouse, children, or parents of the deceased have the legal right to initiate the process, while survival actions are brought on behalf of the deceased’s estate.

A wrongful death claim compensates surviving family members for their losses, including:

  • Loss of financial support
  • Loss of companionship and emotional support
  • Loss of guidance for children
  • Mental anguish

Survival Action

A survival action allows the estate to pursue compensation that the deceased could have recovered before death, such as:

  • Medical expenses, including medical bills incurred before death
  • Pain and suffering before death
  • Lost wages between injury and death

Our team evaluates both survival action and wrongful death claims carefully, and we pursue every available legal path that supports your family’s recovery.

How Much Is a Wrongful Death Case Worth in Texas?

No two wrongful death claims are exactly alike, which makes it difficult to determine any one case’s value without considering that case’s unique circumstances. Some of the key factors that determine a wrongful death claim’s value include:

  • The deceased’s age, health, and earning capacity
  • The strength of family relationships
  • Financial support the deceased provided
  • The nature of the fatal incident
  • Available insurance coverage

Wrongful death cases may result in settlements or verdicts ranging from thousands to millions of dollars. One of the most significant factors in determining outcomes is the legal representation you choose. A skilled attorney can help build a strong wrongful death case through thorough investigation and compelling evidence, calculate for maximum compensation, and then fight for the settlement or verdict you deserve.

How Are Wrongful Death Settlements Distributed Among Family Members?

Texas law limits who may recover compensation in a wrongful death claim. Eligible beneficiaries include:

  • Surviving spouses
  • Children, including adopted children
  • Parents of the deceased

Wrongful death proceeds are not automatically divided equally. Instead, the distribution of these proceeds depends on each family member’s losses and relationship with the deceased. Courts and insurers consider factors such as:

  • Financial dependence
  • Emotional closeness
  • Loss of guidance or care

Our attorneys address distribution issues early. This approach can help reduce conflict and achieve equitable outcomes for surviving loved ones.

Can Stepchildren or Non-Married Partners File a Wrongful Death Claim in Texas?

Under Texas law, stepchildren and unmarried partners do not automatically qualify under the wrongful death statute. However, other legal options may exist for pursuing accountability and compensation after a loved one passes due to someone else’s negligence or recklessness. In some cases:

  • A stepchild may recover through the estate under a survival action.
  • A partner may pursue claims tied to shared property or financial interests.
  • A legal adoption may establish eligibility.

It’s important not to make any assumptions about your case before seeking legal advice. Our legal team examines family relationships carefully to determine which compensation might be available, and then explains all available legal options to you.

What if the Deceased Was Partially at Fault?

Under Texas law, anyone less than 51 percent at fault can recover compensation in a personal injury claim. However, their recovery will be reduced by their percentage of blame.

For example, if the court found someone 20 percent to blame, and the recovery was $100,000, that $100,000 would be reduced by 20 percent, and they would ultimately receive $80,000.

Insurance companies often attempt to take advantage of this rule by deflecting as much blame as possible onto the deceased party. Our attorneys challenge accusations of unsupported blame and work to hold the at-fault party fully accountable so you can maximize your recovery.

What Evidence Is Needed to Prove Wrongful Death?

All successful wrongful death cases begin with a substantial body of compelling evidence. Strong evidence tells a clear and undeniable story and prevents insurance companies from denying or deflecting blame. To hold the at-fault party accountable, your attorney will likely seek the following:

  • Police or incident reports
  • Witness statements
  • Accident scene photos
  • Surveillance or dashcam footage
  • Medical records and autopsy findings
  • Employment and safety records
  • Expert opinions

Unfortunately, a lot of critical evidence can become lost or destroyed if you don’t pursue your claim quickly. Acting promptly is essential to preserve evidence and seek justice for the deceased and their family. Our legal team takes immediate action to preserve all evidence. We send spoliation letters, subpoena records, and work alongside experts to build the strongest case possible.

What If the Company or Employer Is Trying to Hide What Happened?

Companies often attempt to protect themselves from liability, no matter how clear their role in the fatal accident may be. They may delay records, alter reports, “lose” evidence, tape over security footage, or discourage witnesses from speaking.

Our wrongful death law firm responds aggressively when companies attempt to avoid responsibility. We look to hold them accountable by:

  • Demanding records through formal legal channels
  • Depose supervisors and witnesses
  • Work with experts to uncover inconsistencies
  • Ask courts to impose penalties for destroyed or withheld evidence

Our team understands every tactic these companies employ to deny their role in your loved one’s loss, and we fight to counter them and hold them fully accountable.

What If the Insurance Company Is Pressuring Me to Settle Quickly?

Insurance companies often contact families shortly after a wrongful death. They aim to close the claim quickly and cheaply by offering you a lowball settlement before you understand the full value of the claim.

If an insurer contacts you offering a quick settlement, you should never sign anything until you’ve spoken to an experienced wrongful death attorney. Let your lawyer review your case, look at the settlement offer, and advise you on the next steps, because odds are that whatever the insurance company wants you to accept won’t come close to covering your long-term losses.

Not only should you avoid quick settlements from insurers, but you should also avoid talking to them at all if you can. Refer them to your attorney whenever possible, and if you must speak with them, only offer basic facts, never speculate, never admit fault, and do not offer any recorded statements.

Not only should you avoid quick settlements from insurers, but you should also avoid talking to them at all if you can. Refer them to your wrongful death attorney whenever possible, and if you must speak with them, only offer basic facts, never speculate, never admit fault, and do not offer any recorded statements.

Do Wrongful Death Cases Go to Court or Settle Out of Court?

Many wrongful death cases resolve through an out-of-court settlement, but not all of them do. Sometimes, insurance companies refuse to offer a fair settlement, and the plaintiff’s legal team must file a lawsuit and take the claim to court.

Our team prepares every case as if it’s going directly to trial, so we remain fully prepared to fight for the outcome you deserve, whether that means negotiating a wrongful death settlement or pursuing a civil lawsuit. Our attorneys have extensive trial experience, and we know what it takes to achieve a favorable verdict.

What Mistakes Should Families Avoid After a Wrongful Death?

Handling important legal matters during a time of intense grieving opens the door for all kinds of critical errors. Unfortunately, insurance companies also understand that grief makes people vulnerable, and they often seek to exploit it. Protect your legal rights as you pursue your claim by avoiding:

  • Giving recorded statements without legal counsel
  • Accepting early settlement offers
  • Posting details of the case on social media
  • Signing any documents without a lawyer reviewing them
  • Waiting too long to seek legal advice

Not only does Texas law impose strict deadlines for filing wrongful death claims, but it also becomes harder to build a winning case the longer you wait to pursue one. Evidence can become lost or destroyed, and witness memories can fade, making it more difficult to prove your claim and easier for insurers to deny and deflect blame. Contact an experienced attorney as soon as possible to avoid making critical mistakes in your wrongful death case.

What If My Family Members Disagree About Filing a Claim?

Family disagreements frequently occur after a sudden loss. Different grief responses and financial concerns can create conflict. Our wrongful death attorneys can help families address these issues by:

  • Explaining each person’s rights clearly
  • Addressing concerns about control and compensation
  • Encouraging open communication through counsel
  • Protecting individual interests when conflicts arise

We aim to reduce stress, not add to it. We take on the legal complications so you and your family can focus on coming together and healing.

How Do I File a Wrongful Death Claim in Texas?

Filing a wrongful death claim in Texas involves several important steps to ensure your rights are protected and your case is as strong as possible. First, surviving family members—such as spouses, children, or parents—must confirm their eligibility to file a wrongful death lawsuit under Texas law. Once eligibility is established, it’s crucial to gather evidence that supports your claim. This may include medical records, accident reports, and witness statements that help demonstrate the defendant’s negligence.

Because the legal process can be overwhelming, especially during a time of grief, it’s highly recommended to work with a Dallas wrongful death attorney. An experienced wrongful death lawyer will guide you through each step, from collecting evidence to preparing and filing the wrongful death lawsuit. It’s important to act quickly, as Texas law imposes a statute of limitations—typically two years from the date of death—to file a wrongful death claim. Missing this deadline can prevent you from seeking justice and compensation.

Your attorney will ensure all necessary documents are filed correctly, detail the defendant’s negligence, and outline the damages suffered by the surviving family members. By working with a skilled legal professional, you can focus on healing while your attorney handles the complexities of your Dallas wrongful death case.

Why Should I Hire a Dallas Wrongful Death Attorney?

Hiring a Dallas wrongful death attorney is one of the most important steps you can take after losing a loved one due to someone else’s negligence. An experienced wrongful death lawyer understands the intricacies of Texas law, including the Texas wrongful death statute, and can guide you through the complex legal process from start to finish.

A skilled wrongful death attorney will protect your rights, handle all communications with insurance companies and opposing counsel, and work tirelessly to maximize your compensation. They will also ensure that your wrongful death claim is filed within the required deadlines and that all necessary evidence is gathered to support your case.

By entrusting your case to a knowledgeable Dallas wrongful death lawyer, you can focus on grieving and supporting your family while your attorney fights for justice on your behalf.