Fort Worth Wrongful Death Attorneys

Billions Won for Grieving Families in Fort Worth, Texas, and Nationwide

Losing a loved one is the most difficult experience in a person’s life—especially if their death could have been prevented. Unfortunately, this is the case for hundreds of families in the United States. According to the Centers for Disease Control and Prevention, an average of 146,000 unintentional accidental deaths occur every year. Each of these deaths caused concrete emotional, social, and financial harm to spouses, parents, or children.

If you are one of those families that lost a loved one because of someone else’s negligence, you have the right to seek compensation for your loss. The Fort Worth wrongful death lawyers at Arnold & Itkin have the resources and track record to help you rebuild your life and hold the at-fault people accountable for the death of your loved one. We have won billions of dollars for people in Dallas, Fort Worth, and nationwide, helping them pay for funeral costs, loss of benefits, loss of companionship, and more.

We refuse to stand to the side while those responsible are left off the hook for their negligence. Contact us today for a free case review: (888) 493-1629.

Wrongful Death Attorneys

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What Is a Wrongful Death Claim?

Wrongful death occurs when a person’s actions, negligent or deliberate, cause the death of another. A claim under wrongful death holds at-fault parties liable for some of the economic and emotional losses associated with the death of a loved one, from funeral costs to punitive damages for criminal negligence.

Filing a wrongful death claim allows a victim’s family to grieve in peace without wondering how they'll pay the bills or provide for themselves. If an individual was responsible and they're already facing criminal proceedings, certain family members can still file a civil lawsuit against him or her. If a company was responsible, a wrongful death claim is often the only justice those at fault will ever face.

Which Types of Incidents Qualify as Wrongful Death?

  • Fatal car accidents caused by drunk driving, texting, or other forms of negligence.
  • Workplace accidents caused by lack of training, negligent management, or faulty equipment.
  • Catastrophic injuries caused by assaults, attacks, or other criminal actions.
  • Drowning accidents due to property damage or premises liability.
  • Defective products or pharmaceuticals that seriously harm consumers.
  • Trucking accidents caused by unsafe driving and violations of trucking regulations.
  • And many others

Can I File a Wrongful Death Claim in Fort Worth?

In most states, family members are the only ones eligible to file a wrongful death claim. Courts largely give children and spouses the primary right to file a wrongful death claim. A parent, sibling, or another relative will be unable to file a claim if a child or spouse is already pursuing one. If you have any additional questions on your eligibility to file a wrongful death claim, you'll need to speak with an attorney.

The parties eligible to file a wrongful death claim may include:

  • Children over 18 years old
  • Spouses
  • Siblings
  • Parents
  • Parents of unmarried children
  • Any dependents

There is a two-year statute of limitations on wrongful death claims in Texas. This means that you have a limited amount of time to file a wrongful death claim after you suffered the loss of a loved one. Contact our Fort Worth wrongful death attorneys as soon as possible to get started on your claim.

To learn more about wrongful death claims and procedures in Texas, visit Sec. 71 of the Civil Practice & Remedies Code.

Survival Actions in Fort Worth, TX

In Texas, the family or estate of a person who has died as a result of negligence or a wrongful act may be able to file a survival action against at-fault parties. This type of case pursues financial compensation for losses and injuries that the deceased experienced prior to their death. A survival action essentially allows a personal injury lawsuit to "survive" even though the victim passed on. It is pursued similarly to how a personal injury case would have been pursued, had they survived.

Damages in a survival action are payable to the estate of the deceased and may include:

  • Lost earnings
  • Medical bills
  • Property damage
  • Pain and suffering

Depending on the case, a family that has lost a loved one may be able to file a wrongful death lawsuit or a survival action against the party (or parties) responsible for their loss. Our Fort Worth wrongful death attorneys can talk to you about which may apply to your situation and how to proceed.

What Damages Can Be Claimed in a Wrongful Death Suit?

The loss of a loved one is emotionally devastating and physically draining. You might also experience significant financial losses to pay for funeral costs, medical expenses, or your family's basic needs. Financial support can ease your situation and remove the burden of paying bills while you and your family grieve.

You are entitled to recover monetary compensation for three general types of damages, such as:

  • Economic Damages: This type of compensation is for funeral and medical expenses related to the death of your loved one. You also have the right to recover the loss of future income and benefits that your loved one would
  • Non-Economic Damages: These damages include pain and suffering and mental anguish. They may also include loss of companionship, consortium, and support.
  • Punitive Damages: Depending on the situation, the court may grant families additional compensation as a way to punish and make an example of the responsible parties for their actions.

How a Fort Worth Wrongful Death Attorney Can Help

The shock of losing a loved one unexpectedly will leave a family reeling. It may be difficult to think about taking legal action, but this is the way to find answers and to hold at-fault parties responsible. A competent attorney can achieve the goals of a wrongful death case or survival action while the family focuses on their loved one's memory and begins to rebuild and move on.

The following are some of the ways our Fort Worth wrongful death law firm can help:

  • We can conduct an independent investigation of the accident to learn its cause.
  • We can determine who was responsible and file suit against them.
  • We can negotiate with at-fault parties to seek a fair settlement.
  • We can counteract any claims that the deceased was to blame.
  • If the other side won't play fair, we can take the case to court to seek a favorable verdict.

Our willingness to go to court and our reputation for winning are two factors that make our firm the one that no defendant wants to face off against in front of a judge and jury. Our results speak for themselves, and we take it a step further by being the team that our clients can rely on through the most difficult times of their lives. We treat our clients like family because we truly care about what they have experienced. We want to bring them peace of mind and the level of compensation that grants them access to stable, bright futures.

Fort Worth Wrongful Death Lawyers with a History of Legal Victories

Some of our notable wrongful death results include:

  • $81 million record-breaking settlement for two adult children who lost their mother in an accident.
  • $29 million settlement, the largest known recovery for an offshore wrongful death.
  • $12.5 million settlement for the family of a man who was killed by a downed power line.
  • $2.9 million verdict for the family of a man who experienced a fatal fall in a parking structure.
  • $1.8 million settlement for a family that lost a loved one in a Houston Ship Channel work accident.
  • $1.5 million verdict for the family of a man who lost his life while working in a hot warehouse.

With hundreds of results worth $1 million or more and dozens of results worth $10 million or more, we have the track record to help your family get its life back. Arnold & Itkin LLP has won some of the largest personal injury and wrongful death claims in the nation. Our work on behalf of plant workers, motorists, offshore employees, and more has allowed us to radically improve the lives of thousands of people. 

About Fort Worth

Fort Worth is known as the “Modern West”.  The city boasts a 35-block entertainment district called Sundance Square (where you can find live music and restaurants galore), Billy Bob’s Texas (billed as the world’s largest honky-tonk, spanning 100,000 square feet of indoor space plus 20 acres for parking), a twice-daily cattle drive at the Fort Worth Stockyards (the only one in the world), and so much more.

Fort Worth was built in 1848 as one of seven army outposts along the American Frontier and officially incorporated in 1874. It was named after William Jenkins Worth, an American officer who served in the War of 1812 and the Mexican-American War. The Fort Worth area saw growth after the Civil War as a stop on the famous Chisolm Trail, which was used to drive cattle from Texas to Kansas, where it was then shipped east. The ranching industry thrived, and Fort Worth was known as Cowtown. After some economic trouble and dips in population in the early 1870s, Fort Worth rebuilt and saw considerable growth as the Texas and Pacific Railway was finally completed to the town.

Fort Worth continues to embrace its ranching and Wild West roots, but it is also a bustling city that hosts the headquarters of major companies, like American Airlines and GM Financial. The cost of doing business in Fort Worth is lower than the national average, which has led to even more companies starting up in and relocating to the Dallas-Fort Worth-Arlington metropolitan area. As of 2021, the population of Fort Worth was 935,508 and the city encompassed nearly 350 square miles of land.

Fort Worth, TX: Resources

Contact Our Fort Worth Wrongful Death Lawyers: (888) 493-1629

We understand how overwhelming and tragic it is to lose a loved one, and although seeking monetary compensation won’t bring back your loved one, it can give you and your family financial security through this devastating time. If you have recently lost someone you love in an accident that was caused by another’s negligence, we encourage you to contact our Fort Worth wrongful death attorneys immediately.

Contact our Fort Worth wrongful death attorneys today for a free consultation: (888) 493-1629.

Common Questions

  • Can You Sue for Wrongful Death in Texas?

    Yes, you can sue for wrongful death in Texas. Under the Texas Wrongful Death Act (Texas Civil Practice and Remedies Code, Chapter 71), surviving family members and the deceased's estate may bring a wrongful death claim when the death is caused by the negligence, carelessness, unskillfulness, or wrongful act of another party.

  • Who Can File a Wrongful Death Lawsuit in Texas?

    In Texas, a wrongful death suit can be filed by specific surviving family members of the deceased, as outlined in the Texas Wrongful Death Act. The eligible individuals who can file a wrongful death claim include the spouse of the deceased, children of the deceased (including legally adopted children), and parents of the deceased (including adoptive parents). Siblings and other relatives are not eligible to file in Texas. If the eligible family members do not initiate a claim within the time limit, the personal representative or executor of the deceased person's estate may file the wrongful death claim unless a family member requests explicitly that a suit not be filed.

  • Who Is Entitled to Compensation in a Texas Wrongful Death Lawsuit?

    In Texas, compensation awarded in a wrongful death lawsuit is typically distributed among the eligible surviving family members. The distribution of compensation depends on the specific circumstances of each case. The court may consider various factors, such as the extent of each family member's financial dependence on the deceased, the degree of emotional suffering, and the nature of their relationship with the deceased. In some cases, the court may award a portion of the compensation to the deceased person's estate, which can then be distributed according to the deceased's will or the state's intestacy laws if there is no valid will.

  • What Is the Average Payout for Wrongful Death in Texas?

    While it's impossible to provide an exact average payout, both settlements and jury verdicts in wrongful death cases can range from tens of thousands to millions of dollars—depending on the case's specific circumstances. It is difficult to provide a specific average payout for wrongful death cases in Texas, as each case is unique and depends on various factors. These factors include the circumstances surrounding the death, the amount of economic and non-economic damages, and the specific details of each case.

  • How Long Does a Wrongful Death Lawsuit Take in Texas?

    Generally, a wrongful death lawsuit may take several months to a few years to reach a resolution. Some cases may settle relatively quickly through negotiations, while others may require extensive investigation, discovery, and a trial, which can extend the duration of the process. The duration of a wrongful death lawsuit in Texas can vary significantly depending on the case’s specific circumstances. Several factors can influence the timeline, such as the complexity of the case, the number of parties involved, the availability of evidence, and more.

  • Is There a Deadline for Filing a Wrongful Death Claim?

    Yes, there is a deadline for filing a wrongful death claim in Texas, known as the statute of limitations. In general, the statute of limitations for Texas wrongful death claims is two years from the date of the deceased person's death. There may be some exceptions to this, such as when the claim involves a minor or if the defendant's wrongful act was fraudulently concealed. However, these exceptions are rare, and it is essential to consult with an experienced wrongful death attorney as soon as possible to ensure your case is filed within the required time frame.

  • What Is the Time Limit for Wrongful Death in Texas?

    In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the individual's death. This legal timeframe is crucial as it sets the period within which the deceased's family or estate representatives must initiate legal action against those responsible for the death. Failure to file within this period can result in the loss of the right to seek compensation through the courts.

  • What Damages Are Available in a Wrongful Death Lawsuit?

    In a wrongful death lawsuit, damages aim to compensate the deceased's family or estate for the loss and suffering resulting from their loved one's untimely death. These can include economic damages, such as lost earning capacity, medical and funeral expenses related to the deceased's final illness or injury, and loss of inheritance. Non-economic damages may also be sought, covering pain and suffering, loss of companionship and support, and mental anguish experienced by the survivors. In some cases, exemplary (punitive) damages may be awarded to punish the wrongdoer for gross negligence or willful misconduct and to deter similar behaviors in the future. The specific damages available can vary based on the case's circumstances and the relationship between the deceased and the claimants.

  • Are Punitive Damages Awarded in Wrongful Death Lawsuits?

    In wrongful death lawsuits, punitive damages, also known as exemplary damages, can be awarded, but they are not automatic. These damages are intended to punish the defendant for particularly reckless, egregious, or malicious behavior and to deter similar conduct in the future. The awarding of punitive damages is subject to specific legal standards, and claimants must present clear and convincing evidence of the defendant's gross negligence or willful misconduct. The decision to grant punitive damages rests with the court or jury and is made in addition to compensatory damages that cover economic and non-economic losses.

  • What Is the Burden of Proof in a Wrongful Death Case?

    In a wrongful death case, the burden of proof falls on the plaintiff, who must establish the defendant's liability for the deceased's death by a "preponderance of the evidence." This legal standard is lower than the "beyond a reasonable doubt" requirement used in criminal cases. To meet this burden, the plaintiff must show that it is more likely than not that the defendant's negligence or wrongful actions directly caused the death. Essentially, the evidence presented by the plaintiff must tip the balance in favor of their claims, convincingly demonstrating that the defendant's conduct resulted in the loss of life and justifying the claim for damages. This involves proving elements such as duty of care, breach of duty, causation, and damages.

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