Have you lost a loved one in an accident in Coppell, Texas? Contact Trial Tribe Injury Lawyers at (817) 400-5000 for a free consultation. Our Coppell wrongful death lawyers can help your family file a claim for all the damages that may be available to you under state law.
Our firm has a decade of experience representing families in wrongful death cases across Texas and has recovered more than $40 million for our clients to date. We know how overwhelming this time can be, and we will be fully committed to your case from the very beginning.
Why Choose Trial Tribe Injury Lawyers to Handle My Wrongful Death Case in Coppell, Texas?
Not every Coppell personal injury attorney is equipped to handle the weight of a wrongful death case. These claims often involve complex legal issues and an emotional toll, requiring both skill and sensitivity from the attorneys involved. Choosing the right legal team can make a real difference in the outcome of your case.
Here’s what sets our Coppell wrongful death attorneys at Trial Tribe Injury Lawyers apart:
- We have 10 years of experience handling wrongful death claims across Texas and have recovered tens of millions for our clients.
- Members of our legal team have received honors and recognition from The National Trial Lawyers (Top 40 Under 40) and TopVerdict.com (Top 100 Jury Verdicts in Texas).
- We prepare every case as though it is going to trial. That level of preparation sends a message to insurance companies that we are serious about getting your family the result it deserves.
If you are considering legal action after the loss of a loved one in Coppell, TX, reach out to us today for a free initial consultation.
What Is Wrongful Death Under Texas Law?
Under Chapter 71 of the Texas Civil Practice and Remedies Code, a wrongful death occurs when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default.” In simpler terms, if someone’s actions led to your loved one’s death, Texas law gives your family the right to file a civil lawsuit for damages.
A wrongful death claim is a civil matter, not a criminal one. The person or entity responsible may also face criminal charges in some situations, but the two proceedings are entirely separate. Your family can pursue a wrongful death case regardless of whether criminal charges are filed.
One reason for this is the difference in the burden of proof. In criminal court, the prosecution must prove guilt beyond a reasonable doubt. In a wrongful death lawsuit, the plaintiff generally must prove the elements of the claim by a preponderance of the evidence, a lower burden than the beyond-a-reasonable-doubt standard used in criminal cases.
Who Can File a Wrongful Death Claim in Texas?
Texas law is specific about who has the legal right to bring a wrongful death action. Only the deceased person’s immediate family may file per Section 71.004. That means their surviving spouse, along with any surviving children or parents. Siblings, grandparents, and other extended relatives do not have standing to bring a wrongful death claim in the state.
If none of the eligible family members file a claim within three months of the death, the personal representative of the deceased’s estate may step in and file on the family’s behalf. However, if the eligible survivors unanimously ask the representative not to pursue the case, that request must be honored.
Texas also recognizes survival actions as a separate legal claim from wrongful death. A survival action is filed on behalf of the deceased person’s estate and seeks compensation for losses the deceased could have pursued had they survived, such as the pain and suffering they experienced before passing and any medical expenses they incurred. In many cases, both a wrongful death claim and a survival action are filed together.
How Much Is My Family’s Coppell Wrongful Death Claim Worth?
Every wrongful death case is different, and there is no simple formula for calculating what a claim is worth.
That said, our legal team will look at a number of factors when evaluating the potential value of your case:
- How old the victim was at the time of their death
- The income and earning capacity the victim would have provided over their lifetime
- The type of support and guidance they offered to their family
- Whether the victim bore any share of responsibility for the accident
- The strength of the available evidence
Wrongful death claims can result in substantial recoveries, but reaching that outcome often requires experienced legal representation. Our wrongful death attorneys in Coppell can help you understand what your family’s claim may be worth.
What Damages Can My Family Recover in a Coppell Wrongful Death Case?
Texas wrongful death damages generally fall into two categories.
Economic Damages
Economic damages compensate surviving family members for financial losses resulting from their loved one’s death. These may include the loss of the deceased’s earning capacity, financial support, services, care, and maintenance.
Medical expenses the deceased incurred before death may instead be recoverable through a separate survival action brought on behalf of the deceased’s estate.
Non-Economic Damages
Non-economic damages compensate surviving family members for personal losses that do not have a specific monetary value. These may include mental anguish, loss of companionship and society, and loss of care, guidance, and counsel.
Exemplary Damages
In cases involving a willful act, omission, or gross negligence, Texas law may also allow for exemplary (punitive) damages. These are meant to punish the responsible party rather than compensate the family, and they require a higher standard of proof. While not available in every case, they can significantly increase the total recovery when the facts support them.
How Does Shared Fault Affect a Texas Wrongful Death Claim?
Texas follows a modified comparative negligence standard with a 51% bar. Your family can still recover damages as long as your loved one was not 51% or more at fault for the accident that caused their death. If their share of responsibility stays below that threshold, your compensation will be reduced by whatever percentage of fault they are assigned.
For example, if the jury determines your loved one was 25% responsible, your family’s total damages would be reduced by 25%. The defense will almost certainly try to shift as much blame as possible onto the deceased, which is one more reason to have an experienced wrongful death lawyer in Coppell protecting your family’s interests.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
Most wrongful death lawyers work on a contingency fee basis.
Here’s what this means:
- No Upfront Fees: You owe nothing out-of-pocket to hire us or start your case.
- No Pay Unless We Recover: We only collect attorney’s fees if we successfully obtain financial compensation for your family through a settlement or court verdict.
- Free Initial Consultation: Your initial case evaluation with one of our lawyers is completely free, confidential, and without obligation.
If we win your case, our legal fee will be taken as an agreed-upon percentage of the final recovery. This alignment of interests ensures we are fully dedicated to maximizing your family’s financial compensation.
Types of Wrongful Death Cases We Handle in Coppell, TX
Our personal injury attorneys in Coppell have the experience to help your family regardless of how your loved one’s death occurred.
We handle wrongful death claims arising from a wide range of circumstances, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace accidents
- Medical malpractice
- Defective products
- Premises liability incidents
- Assaults and other intentional acts of violence
Even if the situation that caused your loved one’s death is not listed here, we may still be able to help. Reach out to our team to review the details of your case.
Who Could Be Liable for My Loved One’s Wrongful Death?
Depending on the circumstances, the liable party could be an individual, a business, a healthcare provider, or even a government entity. In some cases, more than one party can share responsibility for the death.
Wrongful death claims can be based on negligence as well as intentional conduct. If you are unsure whether another party’s actions rise to the level of legal liability, our lawyers can evaluate the situation during your free consultation.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
The statute of limitations for wrongful death lawsuits in Texas is generally two years. That deadline begins on the date of the person’s death, not the date of the accident that caused it. If your family does not file a lawsuit within that window, you could lose the right to pursue compensation entirely.
There are limited exceptions that may extend the deadline in certain situations, such as when a minor child is among the eligible claimants. We can help you discern the applicable statute of limitations in your case.
Schedule a Free Consultation With Our Coppell Wrongful Death Attorneys
The loss of a loved one in a preventable accident in Coppell, TX, is something no family should have to endure. While nothing can undo that harm, a wrongful death claim can provide the financial support your family needs to move forward and hold the responsible party liable.
At Trial Tribe Injury Lawyers, we have over a decade of experience fighting for families just like yours. Call our compassionate Coppell wrongful death attorneys today for a free case review.