Wrongful Death Lawyer in Dallas

Texas Wrongful Death Lawyer

Have you Lost a Loved One Due to a Wrongful Death?

Dallas, TX

Losing a loved one is a heart-wrenching experience, especially when that loss is due to someone else’s negligence. Navigating the complexities of legal battles while seeking the justice your loved one deserves can feel overwhelming. As an experienced wrongful death lawyer, Mitch Abeita offers not just legal counsel but also compassion and support during such a difficult time.

At The Abeita Law Firm, our goal is to illuminate the path toward accountability and closure, allowing you to focus on healing.

About

Texas Wrongful Death & Survival Claims

In Texas, there are two types of lawsuits that can be filed when tragedy falls on you or your loved ones. The most significant difference between the two lawsuits is that wrongful-death plaintiffs recover damages for their own injuries, while survival plaintiffs recover damages for the injuries suffered by the decedent.

Decedent just means a person who has died.
The types of injuries in a survival claim are to the decedent’s health, reputation, or person.
The types of injuries in a wrongful death action are injuries to the claimant arising from the decedent’s death.

To prove a survival action, the plaintiff must establish that the decedent, before she died, had a cause of action for an injury covered by the Survival Statute. See Tex. Civ. Prac. & Rem. Code § 71.021.

If the decedent died before bringing an action that survives, the survival plaintiff may bring the action as the legal representative of the decedent’s estate. If the decedent died after bringing an action that survives, the survival plaintiff may continue the action by filing a “suggestion of death” with the court, entering an appearance, and prosecuting the suit in her own name as the legal representative of the estate.

Understanding

Wrongful death & Survival Claims in Texas

When a loved one passes away due to someone else’s negligence or wrongdoing, there are two types of legal claims that may be pursued: Wrongful Death and Survival claims. Each serves a different purpose and involves different parties.

Who Can File a Wrongful Death Claim?

A wrongful death claim is not brought by the estate. Instead, it is filed by certain surviving family members, including:

The surviving spouse
The parents of the deceased
The children of the deceased

These individuals may seek compensation for the emotional and financial impact caused by their loved one’s death.

Who Can File a Survival Claim?

A survival claim is brought on behalf of the deceased’s estate. The proper plaintiff in this type of claim is:

A personal representative of the estate, or
An heir who can legally prove their status

This claim seeks damages the deceased could have recovered had they survived, such as medical expenses, pain and suffering, and other losses incurred before death.

Any act of negligence, carelessness, unskillfulness, or wrongful behavior that results in death may give rise to both wrongful death and survival actions.

These types of claims are legally complex and subject to strict deadlines under Texas law. If you’ve lost a loved one due to negligence, we’re here to help. Consulting with an experienced Dallas personal injury lawyer can ensure your rights are protected and help you understand your options moving forward.

Common Types of Wrongful Death in Texas

Motor Vehicle Accidents

Workplace Accidents

Unsafe Property Conditions

A Simple Guide to a

Negligence Claim in Texas

If you’ve been injured because of someone else’s actions—or failure to act—you may be able to recover compensation through a negligence lawsuit. Here’s how these claims work under Texas law.

What is Negligence?

Negligence happens when someone fails to act with reasonable care, and that failure causes harm to another person. To win a negligence case, a Dallas personal injury attorney must prove four key elements:

DUTY – The defendant had a legal responsibility to act (or not act) in a certain way toward the injured person.
BREACH – The defendant failed to meet that responsibility.
CAUSATION – That breach directly caused the injury.
DAMAGES – The plaintiff suffered actual harm or losses as a result.

How do we know if a duty exists & if it has been breached?

Whether someone breached a duty is usually a fact question—meaning it depends on the specific circumstances of what happened. For example:

If a driver runs a red light, they’ve clearly violated traffic laws. Since it’s foreseeable that ignoring a red light could cause a crash, that driver can be held responsible if someone is injured as a result.

Courts also consider the likelihood and seriousness of potential injuries, as well as what it would take to avoid those risks. In our example, because the risk of serious harm from running a red light is so high, the law places a duty on drivers to follow traffic signals and operate their vehicles safely.

In Texas, some individuals—like drivers of buses or other common carriers—have a higher duty of care than the average driver. They must take extra precautions to ensure their passengers’ safety.

Understanding how negligence works is an important step in deciding whether to take legal action. If you’ve been hurt in an accident and think someone else may be at fault, Mitch Abeita is here to help you evaluate your options and fight for the compensation you deserve.

Compensation & Damages

In Wrongful Death Cases in Texas

Physical Pain the Victim had in the Past

Physical pain that, in reasonable probability, the victim will sustain in the future.

Mental Anguish the Victim had in the Past

Mental anguish that, in reasonable probability, the victim will sustain in the future.
Lost wages the victim had in the past.
Loss of earning capacity the victim had in the past.
Loss of earning capacity that, in reasonable probability, the victim will have in the future.

Disfigurement the Victim Received in the Past

Disfigurement that, in reasonable probability, the victim will have in the future.

Physical Impairment the Victim had in the Past

Loss of mobility, loss of ability, hindered, restricted from use of normal bodily faculties.
Physical impairment that, in reasonable probability, the victim will have in the future.

Medical Care Expenses, that in Reasonable Probability, Will Be Incurred on Behalf of Victim in the Future

Exact dollar figure not needed to be considered.
Medical care expenses incurred on behalf of the victim in the past such as: physicians fees, dental fees, chiropractic fees, hospital bills, medicine expenses, nursing services, etc.

Loss of Inheritance

Loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to the plaintiff.
Pecuniary loss sustained in the past such as: loss of care, maintenance support, services, advice, counsel, and reasonable contributions of a pecuniary value.

Pecuniary Loss that, in Reasonable Probability, Will Be Sustained in the Future

Funeral Expenses

Exemplary Damages

Bad acts that might not rise to the level of criminal activity but the law allows.

Take the First Step

Toward Justice

If you or a loved one has been injured due to someone else’s negligence, don’t wait. The sooner you act, the stronger your case can be. At The Abeita Law Firm, we understand the complexities of Texas personal injury law and are committed to guiding you every step of the way.

Schedule a free consultation today to discuss your case with an experienced Dallas personal injury attorney. Let us help you hold the responsible party accountable and pursue the compensation you deserve.