Wrongful Death Lawyer

Wrongful Death

If you lost a loved one due to someone’s wrongdoing or negligence, no award or settlement can make up for your loss. However, a wrongful death lawsuit can help you seek justice by holding the negligent parties responsible. A wrongful death lawyer Texas can help you recover monetary compensation that you can use for your family’s future.

The Texas wrongful death attorneys at the Ben Dominguez Law Firm are dedicated to advocating for their clients and their families.  During this challenging time, you need an experienced attorney who will stand by you and help you navigate this type of complicated case.

How Can a Texas Wrongful Death Attorney Help?

A wrongful death occurs as the result of many different actions, some of which are criminal. As a result, many laws apply to the pursuit of a lawsuit. In some cases, criminal charges may also apply. Learning about the different Texas laws related to a wrongful death lawsuit can be overwhelming. An experienced wrongful death lawyer will have the knowledge needed to preserve all the evidence and build a solid case.

The defendant will usually procure a lawyer that’s prepared to handle any serious implications of this type of lawsuit. Additionally, if an insurance company is involved, you’ll have to deal with their team of lawyers who have a sole focus of decreasing the company’s financial liability, so that they can pay the lowest settlement amount possible. A plaintiff needs legal representation, an attorney that has experience handling insurance companies and any legal issues that may arise in a wrongful death suit.


Determining the damages in a wrongful death suit can prove to be very complicated. A dollar amount must be assigned to each of the damages. Calculating funeral expenses and medical bills is a fairly straightforward process, however, assigning value to damages such as loss of companionship and pain and suffering is significantly more difficult to quantify. A lawyer can help the plaintiff determine the value of damages in this type of complicated case.

Wrongful Death Cases

The family of a person who was killed by the willful, reckless, or negligent acts of others can seek monetary compensation in a wrongful death suit.

Common causes of wrongful death include:

  • Commercial truck accidents
  • Workplace accidents
  • Nursing home neglect
  • Motorcycle accidents
  • Slip and fall accidents
  • Defective products
  • Pedestrian accidents
  • Bicycle accidents
  • Criminal acts

Who is Eligible to File a Wrongful Death Lawsuit in Texas?

In Texas, the children, parents, or the deceased person’s spouse can file a wrongful death suit.

Statute of Limitations

In the state of Texas, a qualifying family member must file a wrongful death lawsuit within two years of death.

Proving a Wrongful Death Claim

To receive compensation for a Texas wrongful death suit, the lawyer must prove the defendant intentionally or negligently caused the death.

In this type of case, the following three elements must exist:


Proving that the negligent party owed the deceased a duty of care is the first step. Basically, the defendant should have acted in a manner that prevented death from occurring. For example, a person has a duty of care to other drivers to drive responsibly by following traffic laws and signs.

Breach of Duty

Next, the lawyer must then prove that the defendant acted negligently and failed to take reasonable care. For example, if a driver is intoxicated and driving, they have violated the duty of care to ensure the safety of other drivers on the road.

The Breach of Duty Resulted in Death

Finally, a lawyer must prove that the failure to act responsibly resulted in the death of the deceased person, causing damages to the deceased, their estate, and their family.

In lawsuits where the defendant broke laws, proving a breach of duty is easy. The burden of proof will be on the plaintiff. With experienced legal representation, the plaintiff’s attorney can help them to prove all three elements of negligence in this type of lawsuit.

How to File a Lawsuit in Texas

Beginning the process as soon as possible is the most important first step in filing a claim in Texas. Even if you’re not sure there’s a potential wrongful death suit, speaking with a lawyer with experience regarding your options can help you determine whether or not your case would be considered valid under Texas law. An attorney will gather evidence that can aid in this decision.

Do You Have a Wrongful Death Claim?

Consulting with a wrongful death lawyer is the best way to determine if you have a case or not. A lawyer will determine if you’re eligible to file a suit. The attorney must then determine whether a deliberate wrongful act or negligence took place. To file a suit, the attorney must determine that the defendant acted recklessly or meant to cause harm.

If you do have a case, an attorney will begin by submitting a notice to the defendant. This action will notify the defendant of the plaintiff’s pending legal action. At this time, an attorney will also begin delving deeper into the case and gathering evidence.

After the defendant has received the notification, they can request negotiations or mediation. In some cases, the plaintiff and defendant can reach a settlement agreement, to avoid taking the case to court.

If negotiations fall through, then an attorney will prepare to take the case to court.

Contact a Wrongful Death Attorney

While moving forward after the loss of a loved one can be very difficult, you must take action against the person or people responsible, as soon as possible.

The Ben Dominguez Law Firm has decades of experience representing clients in wrongful death cases. If you have lost a loved one due to the wrongdoing or negligence of another, contact our office immediately. We can schedule a consultation and help you explore your legal options under Texas wrongful death laws. Our lawyers have the experience and knowledge to help you seek justice and hold the party responsible for the loss of a loved one.