Best Wrongful Death Lawyers in Irving

About Wrongful Death Law in Irving, United States

Irving, Texas is a city located primarily in Dallas County with a smaller portion in Tarrant County. The city sits within the Dallas-Fort Worth metropolitan area, where many wrongful death cases arise from motor vehicle crashes, workplace incidents, or medical errors. Understanding state law is essential, since wrongful death claims in Irving follow Texas statutes rather than local ordinances.

In Texas, the wrongful death claim is designed to provide compensation to those who survive a death caused by another person’s negligence or intentional wrongdoing. Eligible survivors may recover for economic losses such as lost wages and funeral expenses, as well as certain non-economic losses like loss of companionship. The law aims to balance accountability with support for families who lose a loved one due to another's fault.

The Texas Wrongful Death Act allows certain heirs to recover damages for pecuniary losses resulting from the decedent’s death.

There are two central avenues under Texas law: wrongful death actions brought by eligible survivors, and survival actions that enable a decedent’s estate to pursue damages that the deceased could have recovered if they had survived. Together, these actions cover both the loss to the survivors and the decedent’s own damages that would have existed had they lived. Texas Wrongful Death Act and related survival provisions govern these claims.

Important procedural facts for Irving residents include typical filing deadlines, standing requirements, and rules about evidence and damages. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of death, although certain circumstances can affect accrual. Filing deadlines are strict and missing them can bar a case. Texas Civil Practice and Remedies Code § 16.003 discusses general limitations periods that apply to many civil claims, including wrongful death in many circumstances.

For context on where Irving fits within the broader state framework, see the Texas Legislature’s official resources on wrongful death and related actions. The Texas Judicial Branch also provides general guidance on civil cases filed in Texas courts. Texas Wrongful Death Act and Texas Judicial Branch.

Recent trends in wrongful death litigation in Texas include increased auto and trucking crash cases in urban areas like Dallas-Fort Worth, as well as rising attention to medical malpractice and product liability wrongful deaths. While not unique to Irving, these trends shape demand for experienced local counsel who understand deadlines, discovery rules, and local court practices. Source: National and state level analyses of wrongful death statutes and trends.

Why You May Need a Lawyer

Engaging a wrongful death attorney in Irving can help you navigate complex legal requirements and protect your rights. The following real-world scenarios illustrate concrete situations where legal counsel is typically essential.

• A family member dies in a car crash on the President George Bush Turnpike near Irving, and the other driver was allegedly negligent. An attorney can investigate fault, gather police reports, and preserve evidence for a claim against multiple insurance companies.
• A worker dies in a construction site incident in Irving, with a potential product or safety standard failure. A lawyer can pursue both wrongful death and workplace safety theories, review OSHA records, and identify responsible parties.
• A patient dies due to alleged medical malpractice at a Dallas-area hospital. An attorney can help determine if a medical liability claim exists, review medical records, and assess the potential for non-economic damages under Texas limits.
• A product defect causes a fatal incident in a retail location in Irving. An attorney can explore product liability theories and coordinate with investigators to identify responsible manufacturers or distributors.
• A fatal premises incident in a shopping center or apartment complex in Irving. A lawyer can assess premises liability theories, inspect surveillance footage, and evaluate settlement options with insurers.
• Insurance disputes arise, such as disputes over coverage, liability limits, or settlements offered by insurers. A wrongful death attorney can negotiate on your behalf and protect the case from premature settlements.

Local Laws Overview

Texas law governs wrongful death claims, and Irving residents rely on several key statutes and rules. The most relevant legal frameworks include the wrongful death act, the survival doctrine, and damages limitations in medical liability cases.

• Texas Wrongful Death Act - Provides the ability for eligible survivors to bring a wrongful death action for pecuniary losses arising from a death caused by another’s negligence or intentional act. This is the core framework for claims arising in Irving. Texas Civil Practice and Remedies Code Chapter 71
• Texas Survival Statute - Allows the decedent’s estate to pursue damages that the deceased could have recovered had they lived. This doctrine runs alongside wrongful death actions to capture damages for the decedent’s own injuries and expenses. Texas Civil Practice and Remedies Code Chapter 71
• Non-economic damages cap in medical liability cases - In medical liability claims, Texas imposes a cap on non-economic damages, typically cited as $250,000 per defendant, with certain exceptions. This cap can affect cases involving medical malpractice that result in death. Texas Civil Practice and Remedies Code Chapter 41

In Irving, venue for wrongful death matters is generally in the Texas district court located in the county where the death occurred, most often Dallas County for cases arising in Irving. The statutes require proper service and adherence to local court rules, so working with counsel who understands Irving’s courts is important. Texas Wrongful Death Act, Texas Judicial Branch

Texas courts emphasize that wrongful death and survival actions require careful timing, factual development, and adherence to procedural requirements to preserve claims.

Frequently Asked Questions

What is wrongful death?

A wrongful death action allows eligible survivors to pursue compensation after a death caused by another’s fault. It addresses losses such as financial support and companionship.

How do I start a wrongful death lawsuit in Irving?

Consult a wrongful death attorney, gather death and incident details, notify potential defendants, and initiate a formal complaint in the appropriate Texas district court.

When can I file a wrongful death claim in Texas?

Claims must be filed within the applicable statute of limitations, which is generally two years from the death date, subject to exceptions.

Where should I file a wrongful death case in Irving?

Typically in the district court for the county where the death occurred, usually Dallas County for Irving cases.

Why should I hire a lawyer for wrongful death?

A lawyer protects rights, handles complex discovery, negotiates with insurers, and can pursue both wrongful death and survival claims.

How much can we recover in a wrongful death case?

Damages include economic losses (like lost wages and funeral expenses) and selected non-economic losses (such as loss of companionship); caps may apply in certain medical liability contexts.

Do I have to pay upfront for a wrongful death attorney?

Many wrongful death attorneys work on a contingency basis, meaning fees are paid from any settlement or judgment.

How long does a wrongful death case take in Texas?

Case duration varies widely, from several months to several years, depending on fault disputes, expert needs, and court schedules.

Do I need to prove fault to recover in Texas?

Yes. Texas requires showing that the defendant’s negligence or intentional act caused the death.

What is the difference between wrongful death and a survival action?

Wrongful death goes to survivors for their losses after death; survival actions seek the decedent’s own damages that would have existed if they had lived.

Can punitive damages be recovered in wrongful death cases?

Punitive damages may be available in certain circumstances, but they depend on the facts and applicable law; consult an attorney for specifics.

Is there a deadline to respond to a wrongful death claim?

Yes. Defendants typically have deadlines to answer and respond in the court system, which can influence settlement timing.

Additional Resources

• Texas Legislature Online - Official source for Texas Civil Practice and Remedies Code, including Chapter 71 (Wrongful Death) and Chapter 41 (Medical Liability). CPRC Chapter 71
• National Conference of State Legislatures - Comparative overview of wrongful death statutes across states and trends. Wrongful Death Statutes
• Texas Law Help - Free information about wrongful death basics and resources for Texas residents. Texas Law Help

Next Steps

1. Document the death and incident details as soon as possible, including police reports, medical records, and witness contacts. Maintain a folder with dates and names.
2. Identify potential heirs or beneficiaries who may have standing to sue under Texas law and confirm their eligibility.
3. Consult a local Irving wrongful death attorney to assess liability, damages, and deadlines specific to your case. Schedule a consultation within the next 2-4 weeks.
4. Gather financial information, including wages, benefits, funeral expenses, and any dependent support needs. This helps quantify damages.
5. Discuss the fee arrangement and potential costs with the attorney (contingency vs. hourly). Ensure clarity on who pays for experts and investigations.
6. Prepare questions for the attorney about timelines, possible settlements, and the court process. Create a prioritized list of concerns for the meeting.
7. Retain counsel and begin formal filings, discovery, and evidence gathering with the firm’s guidance. Expect 6-18 months for early phases in typical cases.

Disclaimer: This guide provides general information only and does not constitute legal advice. For advice tailored to your specific situation, consult a licensed attorney in Irving, Texas.

Sources

Key statutes and official resources used in this guide include:

Texas wrongful death law and related statutes govern who may sue, what damages may be recovered, and the procedural steps to pursue a claim in Irving, Texas.

Source: Texas Civil Practice and Remedies Code Chapter 71

Additional overview and comparative context available from the National Conference of State Legislatures and Texas Law Help: Wrongful Death Statutes (NCSL) | Texas Law Help.