If you have lost a loved one due to the negligence of another party, you have legal rights under Texas wrongful death laws. Asserting those rights can be a difficult, even painful process, but it doesn’t have to be; as long as you have an experienced legal ally in your corner.
At Winocour Law, we represent individuals and families in wrongful death lawsuits in Dallas and throughout Texas. Built on a legacy of 135 years of trial advocacy, we can protect your rights and pursue fair and just wrongful death compensation while holding the responsible party or parties accountable to the full extent of the law.
Our attorneys and staff will work tirelessly to make the legal process as simple and straightforward as possible for you, so you can focus on your family and the grieving process.
Before You File: Confirming You Have a Wrongful Death Claim
Before you answer the question of how to file a wrongful death lawsuit, you must first determine if your loved one’s death qualifies as a wrongful death under Texas law. In Texas, it occurs when a person dies due to another party’s negligent, reckless, careless, or intentional conduct.
Wrongful death claims can arise from many different circumstances, including truck accidents, accidents involving alcohol, nursing home abuse, and more.
The key consideration is whether the negligence or wrongdoing of another person or business directly led to the fatal injury.
Step 1: Consult a Wrongful Death Attorney
Losing a loved one unexpectedly can leave families with difficult legal and financial decisions, especially when another party’s actions may have caused the death. Speaking with a trusted legal advocate early in the process can help you understand your rights and avoid costly mistakes.
An experienced Texas wrongful death attorney can help you evaluate the strength of your potential claim and let you know what compensation may be available to you. When you fully understand your rights and options, you can move forward with confidence that you are doing the right thing for yourself and your family.
Step 2: Investigation and Evidence Gathering
Once you have a skilled attorney on your side, your legal team will begin a thorough investigation into what caused your loved one’s death. During this process, your lawyer will analyze accident reports, medical evidence, witness statements, and other facts and data that support your claim. The ultimate goal is to build a clear, evidence-based picture of liability and damages.
It is important to hire an attorney that immediately begins preparing as if your case will proceed through trial. Cases often settle before they go to trial as it can be much more expensive for the defense. However, if the plaintiff’s attorney’s approach is to settle before trial and you suspect they are not being thorough, then you should consider getting a second legal opinion. Be cautious and make sure you choose an attorney that makes you feel comfortable and well-educated about your case.
Step 3: Filing the Lawsuit
If a fair settlement offer surfaces early, it may not be necessary to file a lawsuit. Your attorney should be your ally here, and candid discussions about what a fair settlement is in your specific case are critical.
If an agreement is not reached, your attorney will formally file a wrongful death lawsuit in the appropriate Texas court. This document outlines your legal claims, identifies the responsible parties, and sets the case in motion under Texas civil procedure rules.
Step 4: The Discovery Process
During the discovery phase of wrongful death lawsuits in Texas, both sides exchange information and evidence relevant to the case. This can include written questions, document requests, and sworn testimony. Discovery helps clarify the facts and often shapes the direction of settlement negotiations.
Step 5: Negotiation and Settlement
Many wrongful death cases are resolved before trial. Your attorney will negotiate with the opposing party or insurance company to reach a fair settlement that fully reflects your losses, including economic damages like lost earnings and funeral expenses, and non-economic damages like emotional distress and loss of companionship. You should always have the final say before any agreement is accepted.
Step 6: Trial
If a settlement cannot be reached, the case will proceed to trial. A judge or jury will hear the evidence and determine liability and damages. Your attorney will present your case and advocate for full and fair compensation under Texas wrongful death laws.
How Long Does a Wrongful Death Lawsuit Take in Texas?
The timeline of a wrongful death lawsuit varies widely depending on the complexity of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in months, while others may take a year or more.
Is There a Cap on Wrongful Death Damages in Texas?
In most wrongful death cases, Texas does not cap compensatory damages. However, caps do apply if your claim involves medical negligence or is against a government entity. Your attorney can help you understand what caps apply in your situation and how they may affect your potential recovery.
The Statute of Limitations: Do Not Miss This Deadline
In Texas, the statute of limitations for wrongful death claims is generally two years, although there are exceptions. If you let this deadline pass, you will lose your right to file a claim. When possible, consult with a wrongful death lawyer as soon as possible, so they can begin advocating for you before the opposition gains control of the narrative and key evidence becomes difficult to obtain.
Personal Service From an Experienced Legal Team
When you work with our firm, Jonathan Winocour, Mike C. Miller, and our entire legal team will work with you personally to help you understand the process of how to file a wrongful death lawsuit and to protect your rights every step of the way.
When you are ready to discuss your legal options with an experienced Texas wrongful death lawyer, we will be here for you. Contact us today to arrange your free and confidential consultation.
Meet the Attorneys
Four generations of trial lawyers dedicated to securing justice for injured Texans. Meet the advocates leading Winocour Law.
Jonathan Winocour, Founder & Principal Attorney
Jonathan Winocour is a fourth-generation Texas trial lawyer and the founder of Winocour Law. A Diplomate of the National Institute of Trial Advocacy and member of the National Trial Lawyers Top 100, he has represented injured Texans in state and federal courts since 2002.
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.
Jonathan concentrates his practice on wrongful death, dram shop liability, truck accidents, and catastrophic injury. He is a published contributor to Texas Lawyer magazine and currently presents at MADD and TABC co-sponsored roundtables on civil dram shop accountability.
Mike 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 (ABOTA). He has represented injured Texans in state and federal courts for over 40 years.
He earned his law degree from the University of Texas School of Law in 1984 and has held his Board Certification continuously since 1989, a credential fewer than 3% of Texas attorneys hold. 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, dram shop liability, truck and commercial vehicle accidents, FELA railroad claims, and catastrophic injury. He holds an AV Preeminent Rating from Martindale-Hubbell and has secured multiple million-dollar verdicts and settlements throughout his career.