Fort Worth Wrongful Death Attorney
Losing a family member is one of life’s most devastating experiences. You do not have to face the legal aftermath alone.
If you have lost a loved one due to someone else's negligence, the grief can be paralyzing. While you navigate this emotional storm, you may also be facing financial uncertainty. Imagine having a dedicated legal advocate by your side to shoulder the legal burden and fight for the justice your family deserves.
You are not alone in this fight.
Filing a lawsuit may seem like an impossible task when you are grieving, but it is often the only way to secure your family's future. Our Fort Worth wrongful death attorneys are here to guide you through every step of the process. We are committed to ensuring you receive the maximum compensation and the justice your loved one is owed.
At Deon Goldschmidt Attorneys, we recognize the profound shock and sorrow that follows an unexpected death. We also understand that emotional pain is often compounded by the financial stress of lost income and funeral costs. If your loss was caused by another party's reckless actions, Texas law allows you to seek significant financial recovery.
Time is a critical factor.Texas law imposes a strict two-year statute of limitations on wrongful death claims, starting from the date of passing. If you miss this window, you may lose your right to sue forever. Our Fort Worth legal team offers complimentary case reviews and can meet you at your convenience. Do not wait—call us today to understand your rights.
Understanding Wrongful Death in Texas
What Constitutes a "Wrongful Death"? Under Texas statutes, a "wrongful death" occurs when a person dies due to the "wrongful act, neglect, carelessness, unskillfulness, or default" of another party. Essentially, if the victim would have been able to file a personal injury lawsuit had they lived, the surviving family members generally have the right to file a wrongful death claim.
We Handle the Heavy Lifting: There are countless scenarios where negligence leads to tragedy. While money cannot replace a beloved family member, securing compensation for lost wages and support can prevent a tragedy from becoming a financial crisis. Our Fort Worth law firm has years of experience helping grieving families find closure and financial stability. We know that no settlement can undo the past, but we will do everything in our power to secure your future.
$6.5 MILLION WON
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Traumatic Brain Injury
The 4 Pillars of a Wrongful Death Claim
To win a case in Fort Worth, we must prove four distinct legal elements:
- Duty of Care: We must show the defendant owed a duty to the victim (e.g., a driver has a duty to obey traffic laws).
- Breach of Duty: We must prove the defendant failed to act responsibly (e.g., the driver was texting or speeding).
- Causation: There must be a direct link showing that this specific breach of duty caused the fatal injury.
- Damages: We must demonstrate that the surviving family has suffered actual losses (emotional, financial, etc.) due to the death.
Who Is Eligible to File a Claim?
Texas law is specific about who can serve as a plaintiff in these cases. The following parties are eligible:
- The Surviving Spouse: Even if separated, the legal spouse can file.
- Biological or Adopted Children: Adult or minor children of the deceased.
- Parents: The biological or adoptive parents of the deceased.
- Personal Representative: If none of the above file within three months, the executor of the estate may file the claim.(Note: Siblings and grandparents generally cannot file wrongful death suits in Texas.)
Common Causes of Wrongful Death
Negligence can happen anywhere. We frequently handle cases involving:
- Fatal Car and Motorcycle Crashes
- Commercial Truck (18-Wheeler) Accidents
- Workplace & Construction Accidents
- Defective Products (Product Liability)
- Medical Malpractice
- Criminal Acts (Assault/Homicide)
Compensation: What Can You Recover?
In Fort Worth courts, juries may award various forms of damages to help surviving family members cope with their loss. Economic damages are designed to cover the tangible financial burdens created by the death. This includes reimbursement for any medical bills the deceased incurred prior to passing, the costs of funeral and burial services, and the loss of the future income and inheritance the deceased would have earned.
Additionally, families may pursue non-economic damages to address the intangible but profound suffering caused by the tragedy. This compensation covers mental anguish, the loss of companionship, and for spouses, the loss of consortium. Children may also be compensated for the loss of parental guidance and nurturing. In rare instances where the defendant’s actions were particularly reckless or malicious, the court may award punitive damages. These are not intended to compensate the family, but rather to punish the wrongdoer for gross negligence and deter similar conduct in the future.
Wrongful Death vs. Survival Claims
It is important to understand the legal distinction between these two types of claims, as they serve different purposes. A wrongful death claim is filed directly by the surviving family members to seek compensation for their own personal losses resulting from the death, such as their grief, emotional distress, and the loss of financial support they relied upon.
In contrast, a survival action is essentially the personal injury lawsuit the deceased individual would have been entitled to file had they survived the accident. This claim "survives" the victim and allows the estate to seek compensation for the damages the victim suffered specifically during the time between the injury and their death. This can include the physical pain and suffering the victim endured, as well as their medical expenses. Unlike wrongful death damages, proceeds from a survival action are paid to the deceased’s estate and distributed according to their will.
Why Choose Deon Goldschmidt Attorneys?
Put Our Experience to Work for Your Family
The legal system is complex, and insurance companies often try to minimize payouts in fatal accident cases. You need a team that isn't afraid to fight back.
No Fees Unless We Win
Many families hesitate to hire a lawyer because they are worried about the cost. At Deon Goldschmidt Attorneys, we work on a contingency fee basis.
- You pay $0 upfront.
- You pay $0 for the consultation.
- We only get paid if we win your case.
There is absolutely no financial risk to you. Let us handle the legal battles so you can focus on healing and being with your family.
Contact Us Today
Do not let the statute of limitations expire. Contact our Fort Worth office today for a free, confidential consultation. Let us help you take the first step toward justice.