Every untimely death is a tragedy. When a death is the result of the actions of a careless driver, unscrupulous business or other negligent party, it becomes a serious legal and financial matter as well.
At Winocour Law, we provide compassionate guidance and relentless advocacy to families coping with wrongful deaths in Dallas and throughout North Texas.
Our clients are people suffering significant financial losses and untold grief after being robbed of the support and companionship of a loved one. Our wrongful death lawyers have the trial experience and deep legal knowledge required to prevail in these complex claims.
Contact us to arrange a free and confidential consultation with an experienced trial attorney.
A Family Approach to Wrongful Death Law
When you work with our firm, attorneys Jonathan Winocour, Mike C. Miller and our entire legal team will treat you with the respect and compassion you deserve. At the same time, we will draw upon our firm’s 135-year legacy and time-tested skills to help you obtain the highest measure of justice under Texas law.
We are a small but deeply experienced law firm, a combination that allows us to provide clients with both attentive service and highly effective representation.
This level of service is especially important in the context of a wrongful death action when both the financial stakes and emotional impact are at their highest.
We empathize with the pain of losing a loved one, and we are here to help. When you are ready to explore your legal options, our Dallas fatal injury attorneys will be here for you.
Our Wrongful Death Attorneys
At Winocour Law, we understand that wrongful death cases are about more than legal claims—they’re about families seeking justice after devastating loss. Our attorneys bring the skill, compassion, and courtroom strength needed to hold negligent parties fully accountable.
Jonathan Winocour, Founder and Principal Attorney
Jonathan Winocour, founder of the firm, is a top-rated Texas trial attorney with over 20 years of experience and membership in the National Trial Lawyers Top 100.
He’s secured millions in verdicts and settlements for families facing the aftermath of fatal truck crashes and drunk driving incidents.
Known for his sharp litigation strategy and tireless advocacy, Jonathan takes on the toughest cases and wins.
Mike C. Miller, Of Counsel
Mike C. Miller, Of Counsel, is a board-certified personal injury lawyer with more than 40 years of courtroom success.
He’s earned an AV Preeminent rating and helped recover life-changing compensation in complex wrongful death and catastrophic injury cases across Texas.
A respected leader in the legal community, Mike brings unmatched depth and trial experience to every case.
Together, Jonathan and Mike offer families not just legal representation but trusted guidance, proven results, and an unwavering commitment to justice.
When Is a Death a Wrongful Death?
In Texas, a death is considered a wrongful death when it is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person, business or organization. To look at it another way, any accident that gives rise to a personal injury lawsuit may qualify as a wrongful death claim if the injuries prove fatal.
Common types of incidents that can lead to wrongful death claims in Texas include:
- Motor and commercial vehicle accidents caused by speeding, distracted driving, drunk driving and other forms of careless vehicle operation
- Criminal acts such as robbery and assault
- Slip and falls, swimming pool drownings and other instances of property owner negligence
- Nursing home deaths caused by negligent care
- Work injuries caused by negligent policies or acts
- Defective products, such as faulty appliances or medical devices
If you are not certain if your case qualifies as a wrongful death claim, an experienced Dallas personal injury lawyer at our firm is here to review your case and help you explore all of the legal avenues available to you.
Who Can File a Wrongful Death Lawsuit in Texas?
Only certain people can file a wrongful death claim in Texas, including:
- The surviving spouse
- Children (including adult children)
- Parents of the deceased
The executor or administrator of the estate can also file a legal claim to recover damages for pain and suffering the decedent experienced prior to death. This is known as a survival claim and is separate from the wrongful death claim.
Wrongful Death Statute of Limitations
The statute of limitations for wrongful death claims in Texas is generally two years, although there are exceptions. It is in your best interests to consult with a knowledgeable Dallas fatal injury attorney as soon as possible, as evidence fades over time, and the sooner a lawyer can begin working on your behalf, the better chance you have of achieving a favorable outcome.
The Difference a Wrongful Death Claim Can Make in Your Life
No legal action can ever replace what was lost after a fatal injury, but filing a wrongful death lawsuit will open a path to compensation you and your family need to pay your bills and rebuild your lives after this tremendous loss.
In Texas, wrongful death compensation includes money damages for:
- Lost earning capacity
- Lost inheritance
- Medical expenses before death
- Funeral and burial costs
- Mental anguish
- Loss of companionship
- Loss of support and services
In instances of gross negligence or willful misconduct, exemplary, also known as punitive, damages may also be awarded to punish the wrongdoer and deter similar conduct.
Seeking Justice in Dallas Wrongful Death Claims
In addition to helping you pursue compensation, a wrongful death claim is also a trusted means of obtaining justice for the loss of your loved one’s life. That life didn’t just end—someone took it. Justice demands a public reckoning and a strong measure of accountability.
As experienced and committed attorneys in Dallas, our mission is to help people achieve two powerful objectives: obtaining compensation and justice for the wrongful death of a family member.
A Closer Look at the Legal Process
While every case presents unique challenges, here are some things you can expect from the process of filing a wrongful death claim in Dallas:
First Steps
The process typically begins with a free initial consultation, where your attorney will listen to your story, gather preliminary details and assess the strength of the claim.
From there, your legal team will begin working on crucial elements such as:
- Collecting documentation such as medical records, accident scene photos, police reports and employment records
- Identifying key facts, such as how the incident occurred, who may be held liable and what damages may be available
- Devising a strategy tailored to the unique circumstances of your case
Filing the official wrongful death petition is just one part of laying the groundwork. It is equally important to establish a clear, compelling narrative and begin building trust between your family and your legal representation. A strong start can lead to better positioning throughout the legal process.
The Quest for Information
Once the claim is filed, both sides enter a phase called discovery. At this stage, attorneys gather and exchange vital information, including medical records, accident reports, witness statements and expert testimony.
The discovery process is how we reveal what happened, why it happened, and who is responsible. Discovery can last several months and may involve depositions, written questions and document requests. Discovery is an essential part of the process that lays the groundwork for settlement negotiations and trial.
Seeking a Fair Settlement
Reaching a fair settlement starts with a well-prepared case. Your legal team will present clear evidence of both financial losses, such as your loved one’s income, as well as emotional losses you and your family have suffered.
Skilled negotiation is essential to obtaining a substantial fatal accident settlement. The stronger the case, the more pressure there is on the other side to offer fair compensation. A skilled Dallas death claim attorney knows how to highlight the facts and push for a settlement that truly reflects your loss.
Demanding Justice in Court
If the other party refuses to offer a fair settlement, the case will proceed to trial, where both parties present their evidence and arguments before a jury.
Once the jury reaches a decision, they will issue a verdict and determine any damages to be awarded. If your claim is successful, the court will order the responsible party to pay compensation as outlined in the judgment.
The Value of Trial Experience in Wrongful Death Claims
Settlement negotiations and courtroom trials tend to have much better outcomes for victims of negligence when they have a strong trial attorney on their team.
In the settlement stages, that experience adds weight to negotiations. Insurance companies take seasoned trial lawyers more seriously, knowing they’re fully prepared to go to court.
And if trial becomes necessary, your attorney’s ability to tell your story clearly and persuasively can make all the difference.
A Trial-Tested Ally in Your Time of Need
Wrongful death claims are complex legal matters that must be handled with great care. While you focus on your family and the grieving process, we will attend to your legal battle and fight for the compensation you deserve.
Contact our Dallas-based firm to begin your quest for justice. Your initial consultation is free, and we do not collect a fee unless we obtain a verdict or settlement on your behalf.