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 the Winocour family’s 135-year legal 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. In fact, we were recently named “Best Wrongful Death Lawyers in Dallas” by Expertise.com.
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.
Wrongful Death Case Results
No amount of money can replace a loved one, but holding the responsible party accountable and securing the financial stability a family needs to move forward is at the core of what our attorneys do for Texas families.
$3.8 Million
Wrongful Death · Car Crash
Settlement for the family of a woman killed in a car crash.
Read the case study$3 Million
Wrongful Death · Fatal Car Accident
Settlement for families who lost loved ones in a fatal car accident caused by an intoxicated driver in Arlington, Texas.
Read the case study$925,000
Wrongful Death · Motorcycle Fatality
Settlement for a family who lost a loved one in a fatal motorcycle crash caused by an intoxicated driver.
Read the case study$560,000
Wrongful Death · Fatal Accident
Settlement for a family who lost a loved one in a fatal accident.
$340,000
Wrongful Death
Settlement for a family pursuing a wrongful death action in Texas.
Every case is different. Prior results do not guarantee or predict a similar outcome in any future case.
Meet Our Trial-Tested Wrongful Death Attorneys
Jonathan Winocour
Founder & Principal Attorney
Jonathan Winocour has represented injured Texans and grieving families in state and federal courts for more than two decades. He graduated from SMU Dedman School of Law, where he made the Dean’s List, clerked for Sylvia Demarest, and went on to work alongside Craig Smith, now the presiding judge of Dallas County’s 192nd District Court.
He is admitted in all Texas state courts, four federal districts, and the Fifth Circuit Court of Appeals. His practice concentrates on wrongful death, truck accidents, dram shop liability, and catastrophic injury.
Jonathan is a published contributor to Texas Lawyer magazine and currently presents at MADD and TABC co-sponsored roundtables on civil dram shop accountability.
View full profileMike C. Miller
Of Counsel
Mike C. Miller is one of a small number of Texas attorneys who is both Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and a Fellow of the American Board of Trial Advocates. Fewer than 3% of Texas attorneys hold the Board Certification he has maintained continuously since 1989.
He earned his law degree from the University of Texas School of Law in 1984 and has represented injured Texans in state and federal courts for over 40 years. He has served as faculty at ABOTA’s Masters in Trial seminar and presented CLEs through the State Bar of Texas and the Texas Trial Lawyers Association.
Mike concentrates his practice on wrongful death, truck and commercial vehicle accidents, FELA railroad claims, and catastrophic injury. He has secured multiple million-dollar verdicts and settlements throughout his career.
View full profileOur mission is to successfully advance your interests through persuasion and tenacity.
Don’t settle for less — let us review your case. No fees unless we win.
Civil Pathways via The Texas Wrongful Death Statute
When a preventable death occurs, Texas law gives surviving family members a defined legal path to pursue accountability. The Texas wrongful death statute, codified in Chapter 71 of the Civil Practice and Remedies Code, allows eligible relatives to bring a civil claim when a loved one’s death is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default.
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.
What You Must Prove to Win a Texas Wrongful Death Claim
Two questions matter most after a preventable death: who can file wrongful death Texas law recognizes, and what your family actually has to prove to win.
We’ve covered who can file a wrongful death claim above; the second question comes down to four specific wrongful death elements Texas courts require under Chapter 71 of the Civil Practice and Remedies Code: a duty of care, a breach of that duty, causation, and damages.
That duty can come from something as simple as driving responsibly, from a bar’s obligations under dram shop liability, or from an employer’s responsibility to keep a job site safe. The breach has to be shown to have actually caused the death, not just preceded it, and the family has to show real, compensatory damages, whether financial losses, lost companionship, or both.
A wrongful death case only has to meet the civil standard of proof, a preponderance of the evidence. That simply means it is more likely than not that the responsible party caused the death, a lower bar than the beyond a reasonable doubt standard used in criminal court. For families who worry a case cannot move forward without a conviction, that distinction matters.
Wrongful Death Claim vs. Criminal Case: Why You Can Still Seek Justice
When it comes to a wrongful death vs. criminal case, a civil wrongful death claim and a criminal case are two separate legal processes. One does not depend on the other.
The two systems serve different goals:
- A criminal case exists to punish someone on behalf of the state, and it requires proof beyond a reasonable doubt.
- A wrongful death claim exists to hold the at-fault party financially accountable to the family, using the lower preponderance standard described above.
If prosecutors decline to file charges, or a jury acquits the defendant in criminal court, your family can still pursue and win a wrongful death claim in civil court. So even in cases where no one was ever criminally charged, a jury can still find the responsible party liable and award your family compensation.
What If My Loved One Was Partly at Fault?
Grieving families sometimes worry that if their loved one bears any responsibility for their death, that ends any chance of recovery. In most cases, it does not.
Texas applies a modified comparative fault standard in wrongful death cases under Tex. Civ. Prac. & Rem. Code Section 33.001. If the deceased is found 50% or less at fault, the family can still recover damages, though the total is reduced by that percentage. If a jury finds the deceased more than half responsible, recovery is barred.
Because of this rule, defense teams may try to shift some of the blame onto the deceased. It’s the same tactic that arises in Dallas truck accident cases, when a trucking company’s insurer points to the injured motorist’s own conduct to reduce what it owes.
As a trial-ready firm, Winocour Law counters that defense with its own investigation and expert testimony, building a case grounded in the evidence and the data.
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.
Are There Limits or Caps on Wrongful Death Damages in Texas?
When it comes to wrongful death damages caps, Texas law generally does not limit compensatory damages, the economic and non-economic losses a jury finds your family has suffered, in an ordinary wrongful death claim against a private individual or business. However, there are exceptions:
The Key Exceptions
A few categories work differently:
- Exemplary damages, meant to punish especially reckless conduct, are capped under Tex. Civ. Prac. & Rem. Code Section 41.008 at whichever is greater: $200,000, or two times economic damages plus up to $750,000 in non-economic damages.
- Claims against a government entity, such as a city or county, fall under the Texas Tort Claims Act, Section 101.023, which limits recovery no matter how severe the loss.
- Wrongful death claims tied to medical malpractice are also subject to a separate damages cap under Section 74.303. That cap applies to the wrongful death claim and to any related survival action.
Because some of these limits adjust for inflation and each applies differently depending on the facts, it is wise to consult a Dallas wrongful death attorney to confirm which caps, if any, apply to your case.
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.
Frequently Asked Questions
How long do I have to file a wrongful death claim in Texas?
Generally, two years from the date of death, though exceptions can apply, including a shortened notice deadline when a government entity is involved and extra time when an eligible family member is a minor or of unsound mind. If the family has not filed within three months of the death, Texas law also allows the estate’s executor or administrator to bring the claim, unless all eligible family members ask them not to.
How are wrongful death damages divided among family members?
A jury or court apportions the award among eligible beneficiaries based on each person’s individual loss. For a closer look at how funds are actually distributed, see our page on wrongful death settlements.
Are wrongful death settlements taxable?
Generally, no. Compensatory damages from a physical injury or wrongful death claim are typically excluded from taxable income under IRC Section 104(a)(2). Punitive damages and certain interest awarded on a judgment are usually taxable, though. A tax professional can help sort out how this applies to your case.
Can I still sue if there was no criminal case, or the defendant was found not guilty?
Yes. A civil wrongful death claim stands entirely apart from a criminal prosecution and uses a lower burden of proof, so a lack of criminal charges or a not-guilty verdict does not stop your family from pursuing compensation.
How long does a wrongful death case take?
It depends on the facts. A case can move faster when liability is clear, and the insurer negotiates in good faith. It tends to take longer when fault is disputed, multiple defendants or insurers are involved, expert analysis is needed, or the case goes to trial. If you’re unsure where your case stands, Jonathan Winocour and Mike C. Miller can walk you through what to expect next.
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.
Reviewed by
Mike C. Miller
Of Counsel · Board Certified Personal Injury Trial Lawyer
Mike C. Miller has spent more than four decades trying complex cases to verdict throughout Texas. A native of Marshall, Texas, he earned his law degree from the University of Texas School of Law in 1984 and has held Board Certification in Personal Injury Trial Law since 1989 — a distinction fewer than 3% of Texas attorneys ever achieve. His practice covers catastrophic personal injury, FELA railroad injury claims, wrongful death, and maritime law, along with commercial litigation and complex patent cases as local counsel across East Texas.
Learn more about Mike