Wrongful Death Attorney Dallas

Wrongful Death Attorney Dallas

Jim Adler and Bill Adler
Jim Adler and Bill Adler

Dallas Wrongful Death Lawyers Who Stand With Your Family

Jim Adler & Associates, The Texas Hammer®, has spent decades helping grieving families in Dallas and North Texas pursue wrongful death claims. Our firm investigates what happened, identifies every responsible party, and pushes insurance companies for full and fair compensation, not just a quick settlement that suits their bottom line.

Why Dallas Families Turn to Jim Adler & Associates

  • We have more than 50 years of experience standing up for Texas families in wrongful death and serious injury cases.
  • Our team includes over 30 attorneys and hundreds of legal professionals with the resources to take on hospitals, corporations, trucking companies, and insurers.
  • We move quickly to secure police and accident reports, medical records, witness statements, and expert analysis before critical evidence disappears.
  • We handle all contact with insurance adjusters and defense lawyers, so your family does not have to worry about saying something that could harm your case.
  • We prepare every case as if it will go to trial and are ready to stand before a Dallas County jury when that is what it takes to pursue full justice for your loved one.

Wrongful Death Cases We Handle

  • Fatal car, truck, motorcycle, pedestrian, and 18 Wheeler crashes caused by drunk, distracted, speeding, or reckless drivers.
  • Deadly workplace and construction accidents, including incidents in oil and gas, transportation, and other high-risk industries.
  • Medical malpractice resulting in death from misdiagnosis, surgical mistakes, medication errors, or delayed treatment.
  • Wrongful deaths caused by dangerous or defective products, from vehicles and machinery to consumer goods.
  • Fatal incidents on unsafe property, including falls, drownings, and other hazards on poorly maintained premises.
  • Negligent security cases where inadequate safety measures contribute to deadly assaults or violent crimes.

With a Dallas office and additional locations across Texas, Jim Adler & Associates is positioned to respond quickly when your family needs help. Your first step is a FREE wrongful death case review with a Dallas attorney who will listen to your story and explain your options.

Call 1-800-505-1414 now or fill out our online form to get started. You pay no attorney fees unless we recover compensation for your family.*

Case Result: $15,000,000 for Family After Fatal Commercial Vehicle Pileup

Our client’s wife and mother of the family was sitting in stop-and-go traffic on a Texas interstate when everything changed in an instant. Cars ahead had already slowed for congestion. Behind her, a commercial tractor-trailer kept its speed, closing the distance far too quickly. The truck driver never slowed in time and slammed into the line of vehicles, triggering a chain-reaction crash that crushed her car and took her life.

 

As the investigation unfolded, evidence showed the truck driver was inexperienced, finishing his shift at the time of the wreck, and tested positive for illegal drugs immediately afterward. The collision was not a random accident; it was the result of choices that put everyone on that highway in danger.

 

Jim Adler & Associates pursued the case on behalf of her surviving family. Working with crash reconstruction experts, medical professionals, and eyewitnesses, we demonstrated how the driver’s conduct and the company’s failures led directly to her wrongful death and the losses her husband and children will carry for the rest of their lives.

 

Result: $15,000,000 recovery for the victim’s family.

 

This compensation helped replace lost income and household support, cover final expenses, and acknowledge the profound grief and disruption caused by this preventable crash.



Past results do not guarantee future outcomes. Every case is different, and the value of your claim will depend on the specific facts of your wrongful death case.

 

Wrongful Death Attorney Dallas Families Trust After a Tragedy

Losing someone you love because of another person’s carelessness or reckless behavior is one of the most painful experiences a family can endure. You are grieving, trying to make sense of what happened, and suddenly facing questions about medical expenses, funeral costs, and how your family will manage without your loved one’s income and support. The person or company responsible for this tragedy should be held accountable, and you deserve a wrongful death attorney in Dallas who will fight to make that happen. Dallas is one of the most dangerous major cities in the country when it comes to preventable deaths, and families here face risks that many other communities do not. The city has the highest traffic fatality rate among the ten largest cities in the United States, and Texas consistently leads the nation in workplace fatalities due to the sheer volume of construction, oil and gas, and transportation work happening across the state.[1][2] When someone you love dies because of a reckless driver, a dangerous workplace, a medical mistake, or any other preventable tragedy, Chapter 71 of the Texas Civil Practice and Remedies Code gives your family the right to pursue compensation from those responsible.[3] A Dallas wrongful death attorney can help you understand your legal options and fight for the justice your family deserves while you focus on healing and supporting one another. Jim Adler, The Texas Hammer®, has spent decades helping grieving families in Dallas and North Texas hold negligent parties accountable, and we are ready to fight for you, too!

Compassionate Representation for Families Seeking Justice

No amount of money can ever replace the person you lost or undo the pain your family is experiencing. We understand that, and we would never suggest otherwise. What a wrongful death claim can do is hold the responsible parties accountable for their actions and provide your family with the financial resources to move forward without the added burden of mounting bills and lost income.

At Jim Adler & Associates, we guide families through the legal process with honesty, transparency, and genuine care for what you are going through. Our team handles the investigation, the paperwork, the negotiations, and the fight with insurance companies so that you can focus on your family and your grief. We keep you informed every step of the way, and we make sure you understand your options before making any decisions about your case. Your family deserves a legal team that treats you like people, not just another file, and that is exactly what you will find with The Texas Hammer®.

Environmental Factors

“The insurance company wanted me to settle for a lot less and Jim Adler negotiated for me to get a lot more. ” Ariana

Understanding Wrongful Death in Texas

When a loved one dies because of someone else’s actions or negligence, the grief can feel overwhelming. Understanding what wrongful death means and what options are available to your family can help you make informed decisions during an incredibly difficult time. The following sections explain how Texas statutes define wrongful death, the types of situations that commonly lead to these claims, and how wrongful death differs from a related legal action known as a survival claim.

What Is Wrongful Death Under Texas Law?

Under Texas Civil Practice and Remedies Code Section 71.002, a wrongful death occurs when someone dies because of another person’s or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default.”[3] This legal language covers a wide range of situations where someone failed to act responsibly, and that failure cost another person their life. Wrongful death claims can arise from simple negligence, such as a distracted driver running a red light, or from more serious misconduct like reckless behavior or even intentional acts. The key question in any wrongful death case is whether the person or company that caused the death should have acted differently and whether that failure directly led to your loved one’s passing.

Common Causes of Wrongful Death

Wrongful death claims arise from many different types of preventable tragedies, and each situation brings its own unique challenges for grieving families. The following are some of the most common circumstances that lead to wrongful death claims in Dallas and throughout Texas.

  • Motor vehicle accidents remain one of the leading causes of wrongful death, including collisions involving cars, commercial trucks, motorcycles, pedestrians, and bicyclists.
  • Medical malpractice claims arise when healthcare providers make fatal errors such as misdiagnosis, surgical mistakes, medication errors, or failure to treat a serious condition in time.
  • Workplace and construction accidents claim hundreds of lives in Texas each year, particularly in dangerous industries like oil and gas, construction, and transportation.
  • Defective products can cause fatal injuries when manufacturers fail to properly design, build, or warn consumers about dangerous items.
  • Dangerous property conditions and premises liability situations can lead to fatal slip and fall accidents, drownings, or other preventable deaths on someone else’s property.
  • Negligent security incidents occur when property owners fail to provide adequate safety measures, leading to deadly assaults or violent crimes that could have been prevented.

What Is the Difference Between Wrongful Death & Survival Actions?

Texas statutes provide two separate legal claims when someone dies because of another party’s negligence, and understanding the difference matters because each claim compensates for different types of losses. Under Section 71.002 of the Texas Civil Practice and Remedies Code, a wrongful death claim is brought by surviving family members to recover compensation for their own losses, including the financial support, companionship, and guidance they lost when their loved one died.[3] A survival action, governed by Section 71.021 of the same code, is brought by the estate of the deceased person to recover compensation for what the victim experienced before death, including their conscious pain and suffering, mental anguish, and any medical expenses they incurred.[3] The key distinction is that wrongful death damages belong to the surviving family members, while survival action damages belong to the deceased person’s estate and are distributed according to their will or Texas inheritance laws. Families often file both claims together to pursue the full range of compensation available, and an experienced Dallas wrongful death lawyer can help you understand which claims apply to your situation.

How Can a Dallas Wrongful Death Lawyer Help?

After losing someone you love, the last thing you want to think about is legal paperwork, insurance adjusters, and court deadlines. You need time to grieve and to be there for your family. A Dallas wrongful death lawyer can take on the legal burden so that you do not have to face it alone, handling everything from the initial investigation to negotiations with insurance companies and, if necessary, representing your family at trial.

Investigating What Happened & Building Your Case

Wrongful death cases require a thorough investigation to uncover what happened and who is responsible. Our team works quickly to secure critical evidence before it disappears, including accident reports, medical records, witness statements, photographs, and video footage. We also hire experts when necessary, such as accident reconstruction specialists, medical professionals, and economists who can calculate the full financial impact of your loss. The insurance company will have its own team of investigators working to protect its money, and you deserve a legal team that will fight just as hard to uncover the truth and build a strong case on your behalf.

Handling the Legal Process So You Can Focus on Healing

The legal system involves strict deadlines, complex paperwork, and procedural requirements that can be overwhelming for anyone, especially a grieving family. Our attorneys handle all filings, motions, and court appearances so you do not have to worry about missing a deadline or making a costly mistake. We keep you informed about what is happening with your case and explain your options in plain language, while we handle the heavy lifting so you can focus on your family and your own healing during this difficult time.

Negotiating With Insurance Companies

Insurance companies are not on your side, even when their policyholder is clearly at fault for your loved one’s death. Their adjusters are trained to minimize payouts, and they may use tactics like delaying your claim, disputing the value of your losses, or trying to shift blame onto your loved one. Our attorneys know how insurance companies operate, and we fight to pursue the full compensation your family deserves rather than accepting a lowball offer designed to make you go away. We handle all communications with the insurance company so that you do not have to worry about saying something that could hurt your case.

Taking Your Case to Trial if Necessary

Most wrongful death cases settle before reaching trial, but some insurance companies refuse to offer fair compensation unless they know you are prepared to go to court. At Jim Adler & Associates, we prepare every case as if it is going to trial, and we are not afraid to stand before a jury and fight for your family if that is what it takes. Our track record of courtroom success gives insurance companies a strong incentive to offer fair settlements, because they know we are not bluffing when we reject inadequate offers.

Our Experience With Wrongful Death Claims in Dallas

When your family is facing the unimaginable loss of a loved one, you need a legal team with the experience and resources to take on powerful corporations, insurance companies, and negligent parties. Jim Adler & Associates has been fighting for Texas families since 1973, and we have recovered more than $1 billion for our clients over more than 50 years in practice. Our firm includes more than 30 attorneys and 300 legal professionals across offices in Houston, Dallas, San Antonio, and Channelview, giving us the resources to handle even the most complex wrongful death cases.

Some of our largest recoveries have come from wrongful death lawsuits where we fought to hold negligent parties accountable for the lives they took. These results include a $26 million wrongful death settlement for families who lost two young women in a truck accident caused by a speeding tractor-trailer. While no amount of money can replace the person you lost, these results reflect our commitment to pursuing justice and maximum compensation for every family we represent.

Case Results

With thousands of car accident lawsuits filed, our numbers speak for themselves.

Who Can File a Wrongful Death Claim in Texas?

One of the first questions families ask after losing a loved one is whether they have the legal right to pursue a claim against the person or company responsible. Texas statutes are very specific about who can file a wrongful death lawsuit, and understanding these rules is an important first step in determining your family’s options. Under Texas Civil Practice and Remedies Code Section 71.004, only certain family members have the right to bring a wrongful death claim.[3] The surviving spouse, children, and parents of the deceased person are the only individuals who can file this type of lawsuit. This includes adult children, not just minor children, and it includes both biological and legally adopted family members. Any one of these eligible family members can file the lawsuit individually, or multiple family members can join together to bring the claim on behalf of everyone. If none of these eligible family members file a wrongful death lawsuit within three calendar months after the death, the executor or administrator of the deceased person’s estate may file the claim on their behalf.[3] This rule exists to ensure that valid claims are not lost simply because grieving family members need more time before they are ready to take legal action. The executor can only file if the eligible family members have not already done so and have not specifically requested that no lawsuit be filed. Siblings, grandparents, aunts, uncles, and other extended family members do not have the right to file a wrongful death lawsuit under Texas statutes, even if they were very close to the deceased person.[3] However, these family members may still benefit indirectly if the estate recovers compensation through a survival action, which is a separate but related claim. If you are unsure whether you have standing to file a wrongful death claim, a Dallas wrongful death attorney can review your specific situation and explain your legal options.

What Must Be Proven in a Wrongful Death Case?

Winning a wrongful death case requires more than simply showing that someone you loved has died. Your legal team must prove specific elements that establish another person or company is legally responsible for the death and that your family suffered real harm as a result. Understanding what must be proven can help you see why having an experienced Dallas wrongful death lawyer matters and why a thorough investigation is so critical to building a strong case.

  1. The first element requires proving that the defendant owed your loved one a duty of care, which exists in many everyday situations, such as a driver’s obligation to follow traffic laws, a doctor’s responsibility to provide competent medical treatment, or an employer’s duty to maintain a safe workplace.
  2. The second element requires showing that the defendant breached this duty through some wrongful act, neglect, carelessness, or intentional misconduct, such as a trucker who violated federal rest requirements, a property owner who ignored a dangerous condition, or a manufacturer who sold a defective product.
  3. The third element requires establishing that the defendant’s breach of duty directly caused your loved one’s death, meaning your legal team must show a clear connection between what the defendant did wrong and the fatal outcome rather than some other unrelated cause.
  4. The fourth element requires proving that surviving family members suffered actual damages because of the death, including financial losses, emotional suffering, and loss of the relationship with your loved one, and that the deceased person would have been entitled to file a personal injury lawsuit had they survived the incident.

Building a strong case requires collecting and preserving evidence that supports each of these elements. This evidence may include police reports and accident reports that document what happened, witness statements from people who saw the incident or can speak to the defendant’s behavior, photographs and video footage from the scene, medical records showing the cause of death, and expert testimony from accident reconstruction specialists or medical professionals. The sooner your family contacts an attorney, the sooner we can begin securing this critical evidence before it disappears or gets destroyed. 

At Jim Adler & Associates, our team knows how to investigate these cases thoroughly and build the strongest possible claim on your family’s behalf.

Damages You May Recover in a Dallas Wrongful Death Case

When you lose someone you love because of another person’s negligence or misconduct, no amount of money can truly make things right. However, a wrongful death claim can provide your family with financial security and hold the responsible parties accountable for the harm they caused. Texas statutes allow surviving family members to recover several types of damages, and understanding what compensation may be available can help you make informed decisions about your case.[3]

Economic Damages in a Wrongful Death Claim

Economic damages compensate your family for the financial losses that resulted from your loved one’s death. These are losses you can calculate and document with bills, records, and financial statements. Medical expenses your loved one incurred before dying, including emergency care, hospital stays, surgeries, and medications, may be recovered through your claim. Funeral and burial costs are also recoverable, helping to ease the immediate financial burden your family faces during an already difficult time.

Your family may also recover compensation for the income and financial support your loved one would have provided if they had lived. This includes wages they earned at the time of death, the value of employment benefits such as health insurance and retirement contributions, and their future earning capacity over the remainder of their expected working life. If your loved one provided valuable household services such as childcare, home maintenance, or other contributions that would now need to be replaced, those losses may also be included in your claim.

Non-Economic Damages in a Wrongful Death Claim

Non-economic damages recognize that the loss of a loved one causes harm that goes far beyond financial losses. These damages compensate surviving family members for the emotional and relational impact of the death, even though these losses cannot be easily measured in dollars. Mental anguish and grief are among the most significant non-economic damages, acknowledging the profound emotional suffering that comes with losing someone you love.

Surviving spouses may recover damages for loss of consortium, which includes the loss of companionship, comfort, intimacy, and support provided by the marriage. Parents who lose a child and children who lose a parent may recover damages for the lost love, affection, companionship, guidance, and parental training they would have received. These damages also account for the loss of inheritance that family members would have received if their loved one had lived a full life. The Texas Hammer® fights to make sure every aspect of your family’s loss is accounted for when pursuing compensation from the responsible parties.

Punitive Damages in Texas Wrongful Death Cases

In most wrongful death cases, the focus is on compensating your family for the losses you have suffered. However, Texas Civil Practice and Remedies Code Chapter 41 allows an additional category of damages, commonly known as punitive damages, in cases involving especially bad conduct.[4] These damages are designed to punish the defendant and discourage others from engaging in similar behavior in the future. Punitive damages may be available when the person or company responsible for your loved one’s death acted with gross negligence, malice, or intentional misconduct. Examples might include a trucking company that knowingly forced drivers to violate safety regulations, a manufacturer that concealed known dangers about a defective product, or a drunk driver with multiple prior offenses. Texas statutes do place caps on punitive damages in most cases, and the rules can be complex depending on the specific circumstances. Jim Adler & Associates evaluates every wrongful death case for potential punitive damages and aggressively pursues them when the evidence supports them.

Deadlines for Filing a Wrongful Death Claim in Texas

Texas statutes set strict deadlines for filing wrongful death lawsuits, and missing these deadlines can permanently destroy your family’s right to seek compensation from the people responsible for your loved one’s death. Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit.[5] This deadline applies regardless of how clear the evidence is or how negligent the responsible party may have been. Once the two-year period passes, the court will almost certainly dismiss your case, and you will lose the right to pursue compensation forever. Two years may sound like plenty of time, but it can pass more quickly than you expect when you are grieving and trying to put your life back together. Building a strong wrongful death case also takes time, because your legal team needs to investigate the circumstances, collect evidence, identify all responsible parties, and calculate the full extent of your damages. Critical evidence can disappear quickly if no one is working to secure it, and witnesses may forget important details or become harder to locate over time.  Jim Adler, The Texas Hammer®, encourages you to contact our team as soon as possible after your loss so we can protect your rights and begin building your case while the evidence is still available.

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What to Do After the Tragic Loss of a Loved One

The days and weeks following the death of someone you love are overwhelming, and it can be difficult to think clearly when you are consumed by grief. While your first priority should always be taking care of yourself and your family, there are certain steps that may help protect your ability to seek justice and compensation later. The following suggestions are general guidelines only, and your specific situation may require different actions.

  • Collecting documentation related to your loved one’s death can be helpful for building a case, including medical records from any treatment they received before passing, accident or incident reports from law enforcement or employers, and any correspondence you have received from insurance companies.
  • Contacting an experienced wrongful death attorney as soon as you feel able to do so may help protect your family’s rights, because critical evidence can disappear quickly, and there are strict deadlines for filing a claim.
  • Keeping a record of expenses related to your loved one’s death, such as medical bills, funeral costs, and time missed from work, can help your legal team calculate the full extent of your family’s financial losses.
  • Avoiding direct communication with insurance adjusters from the responsible party may be wise, because their goal is to protect their company’s money, and anything you say could potentially be used to reduce your compensation or deny your claim altogether.
  • Writing down what you know about the circumstances of your loved one’s death while the details are still fresh in your memory may prove valuable, including names of potential witnesses and any information about what happened.

 

Every wrongful death situation is different, and you should never feel pressured to take legal action before you are ready. When you are prepared to explore your options, Jim Adler & Associates is here to answer your questions and help your family understand the path forward.

Why Choose Our Dallas Wrongful Death Attorneys?

When your family is facing the devastating loss of a loved one, you need a legal team that combines experience, resources, and genuine compassion. Not every law firm has what it takes to go up against powerful insurance companies and corporations, and not every firm will treat you like a person rather than just another case number. At Jim Adler & Associates, we have been fighting for Texas families for more than 50 years, and we bring that same commitment to every wrongful death case we handle.

Our track record speaks for itself, with more than $1 billion recovered for our clients and wrongful death settlements reaching up to $26 million. We have the resources to take on even the most powerful defendants, with more than 30 attorneys and 300 legal professionals working from offices across Texas, including right here in Dallas. When you call our firm, you get direct access to attorneys who will listen to your story, answer your questions, and keep you informed every step of the way.

Your initial consultation is completely free, and there is no obligation to move forward if you are not ready. Call us today or fill out the form on this page to schedule your free case review with a Dallas wrongful death lawyer who will fight for you.

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Frequently Asked Questions About Dallas Wrongful Death Claims

After losing someone you love, you probably have many questions about what comes next and how to protect your family’s future. The answers below address some of the concerns we hear most often from families in your situation. If you have questions that are not covered here, our team at Jim Adler & Associates is always available to speak with you directly.

Is wrongful death the same as murder?

Wrongful death and murder are two separate legal concepts that address the same conduct through different areas of the law. Murder is a criminal charge brought by the state or federal government to punish someone for taking another person’s life. If convicted, the defendant may face prison time, fines, or other criminal penalties. The purpose of a criminal case is to hold the wrongdoer accountable to society and to punish them for their actions.

Wrongful death, on the other hand, is a civil action where surviving family members seek financial compensation for the losses they suffered because of their loved one’s death. The purpose of a civil case is not to punish the defendant but to make the family whole by providing money for lost income, medical expenses, funeral costs, and the emotional devastation of losing someone you love. Civil cases also require a lower standard of proof than criminal cases, meaning a family may win a wrongful death lawsuit even if the defendant was found not guilty in criminal court.

The same conduct can lead to both a criminal prosecution and a civil wrongful death lawsuit, and the outcomes of one case do not necessarily affect the other. For example, a drunk driver who kills someone may face criminal charges for intoxication manslaughter while also being sued by the victim’s family for wrongful death. Even if the criminal case results in an acquittal or reduced charges, the family may still recover compensation through the civil system.

If you have questions about how a criminal case might affect your family’s wrongful death claim, Jim Adler & Associates can help you understand your options and pursue justice through the civil courts.

Wrongful death claims and survival actions are two separate legal claims that compensate for different types of losses, and understanding the difference matters because each claim can add significant value to your family’s overall recovery. A wrongful death claim is brought by surviving family members, specifically the spouse, children, and parents, to recover compensation for their own losses resulting from the death. These losses include the financial support, companionship, guidance, and emotional comfort they lost when their loved one died. A survival action, on the other hand, is brought by the estate of the deceased person to recover compensation for what the victim personally experienced before death. This includes the pain and suffering your loved one endured between the time of the injury and the time of death, their mental anguish during that period, and any medical expenses they incurred before passing. The survival action essentially allows the estate to pursue the personal injury claim that the deceased person would have been entitled to file if they had survived. Texas families often file both claims together to pursue the full range of compensation available under the law. The wrongful death claim addresses the family’s losses, while the survival action addresses what the deceased person went through. Together, these claims can provide a more complete recovery that accounts for every aspect of the harm caused by the defendant’s negligence or misconduct. At Jim Adler & Associates, our Dallas wrongful death lawyers evaluate every case to determine which claims apply and how to maximize your family’s recovery. Call us today for a free consultation to discuss your specific situation.
Texas is one of the states that allows parents to file a wrongful death claim for the loss of an unborn child. Under Texas Civil Practice and Remedies Code Section 71.001, the definition of “individual” includes an unborn child at every stage of gestation from fertilization until birth, and the definition of “death” includes the failure to be born alive.[3] This means that if your unborn child dies because of someone else’s negligence, you may have the right to hold that person or company accountable through a wrongful death claim. Parents may be able to pursue a wrongful death claim if their unborn child dies because of a car accident, a truck collision, a dangerous property condition, an assault against the mother, exposure to toxic substances, or other negligent or wrongful acts. The plaintiff must provide medical or other evidence that the mother was pregnant at the time of the child’s death. The damages recoverable for the wrongful death of an unborn child are similar to those available for the death of any child, including mental anguish, loss of companionship, and loss of the love and affection the parents would have shared with their child. However, certain exceptions exist under Texas statutes. Claims cannot be brought against the mother of the unborn child, and claims generally cannot be brought against licensed healthcare providers for lawful medical procedures or practices. These exceptions can make fetal wrongful death cases complex, and the legal landscape in this area requires careful navigation. If you have suffered the devastating loss of an unborn child due to someone else’s negligence, The Texas Hammer® is here to help you understand your legal rights and pursue justice for your family.
The types of damages available in a wrongful death case depend on your relationship to the deceased person, though all eligible family members may recover compensation for both economic and non-economic losses. Understanding what damages apply to your situation can help you see the full picture of what your family may be entitled to recover from the responsible parties. Surviving spouses may recover damages for loss of consortium, which includes the loss of companionship, comfort, intimacy, affection, and emotional support provided by the marriage. Spouses can also recover for their mental anguish and grief, the lost financial contributions their partner would have provided, lost household services, and the inheritance they would have received if their spouse had lived a full life. The loss of a spouse affects nearly every aspect of daily life, and Texas statutes recognize that these losses deserve meaningful compensation. Children who lose a parent may recover damages for the loss of parental guidance, care, advice, training, love, and affection they would have received throughout their lives. This includes both minor children and adult children, and the damages can be substantial when a young child loses a parent who would have been there for decades of guidance and support. Children may also recover for mental anguish and lost inheritance. Parents who lose a child may recover similar damages for their lost relationship, including the mental anguish of losing a child, the loss of companionship, and the loss of love, comfort, and society they would have enjoyed. Our team at Jim Adler & Associates fights to make sure every aspect of your family’s loss is accounted for when pursuing compensation. Call us today to discuss the specific damages that may apply to your situation.
Yes, punitive damages may be available in Texas wrongful death cases when the defendant’s conduct was particularly egregious. Under Texas Civil Practice and Remedies Code Chapter 41, exemplary damages may be awarded when the death was caused by fraud, malice, or gross negligence.[4] Unlike compensatory damages, which are designed to make your family whole, punitive damages are designed to punish the wrongdoer and send a message that such reckless or intentional behavior will not be tolerated. Punitive damages may apply in situations where the defendant’s conduct went beyond ordinary negligence into truly outrageous territory. Examples might include a drunk driver with multiple prior DWI offenses who killed your loved one, a trucking company that knowingly forced drivers to violate federal safety regulations, a manufacturer that concealed known dangers about a defective product to protect its profits, or a property owner who ignored repeated warnings about a deadly hazard. In these cases, the law allows juries to award additional damages specifically to punish the defendant. Texas statutes do place caps on punitive damages in most cases. Generally, exemplary damages are limited to the greater of $200,000 or two times the amount of economic damages plus an amount equal to non-economic damages up to $750,000. However, these caps do not apply in certain situations, such as cases involving felony conduct. The rules surrounding punitive damages can be complex, and not every wrongful death case will qualify for this additional recovery. Jim Adler & Associates evaluates every wrongful death case for potential punitive damages and pursues them aggressively when the evidence supports it. If you believe the person or company responsible for your loved one’s death acted with gross negligence or malice, contact The Texas Hammer® to discuss your options.
The timeline for resolving a wrongful death case varies significantly depending on factors such as the complexity of the circumstances, the number of parties involved, whether liability is disputed, and the level of cooperation from the insurance companies. Some straightforward cases settle within a few months, while complex cases involving multiple defendants, disputed liability, or catastrophic damages can take a year or longer to resolve. Every case is different, and there is no way to predict exactly how long yours will take. One factor that often affects the timeline is the need to fully investigate what happened and identify all responsible parties before entering into settlement negotiations. Rushing to settle before your legal team has uncovered all the evidence and calculated the full extent of your damages can result in accepting far less than your family deserves. Insurance companies know this and sometimes try to pressure grieving families into quick settlements before they understand the true value of their claim. Another factor is whether the case goes to trial. Most wrongful death cases settle before reaching a courtroom, but some insurance companies refuse to offer fair compensation unless they know you are prepared to go before a jury. At Jim Adler & Associates, we prepare every case as if it is going to trial, which often motivates insurance companies to offer better settlements. However, if a trial becomes necessary, we are fully prepared to fight for your family in court. The Texas Hammer® balances the need for timely resolution with the importance of ensuring your family receives full and fair compensation. Call us today for a free consultation to discuss your case and what timeline you might expect.

At Jim Adler & Associates, we handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family.* Our standard fee is 35% of the total recovery if the case settles before a lawsuit is filed, and the fee increases to 40% if we must file a lawsuit to fight for your rights in court. We also advance all case costs upfront, and those expenses are repaid from your settlement rather than requiring payment from you along the way. Your initial consultation is completely free with no obligation to move forward.*

Texas follows a legal rule called modified comparative negligence, which means your family may still be able to recover compensation even if your loved one was partially responsible for the accident that caused their death. Under Texas Civil Practice and Remedies Code Chapter 33, as long as the deceased person was not more than 50 percent at fault for what happened, surviving family members can still pursue a wrongful death claim against the other responsible parties.[6] However, the compensation your family receives will be reduced by the percentage of fault attributed to your loved one. For example, if a jury determines that your family’s total damages are $1 million but your loved one was 20 percent responsible for the accident, your recovery would be reduced to $800,000. If your loved one is found to be 51 percent or more at fault, your family would be barred from recovering anything at all under Texas statutes.[6] Insurance companies and defense attorneys know this rule well, and they often try to shift as much blame as possible onto the deceased to reduce or eliminate their liability. They may point to minor actions your loved one took, twist the facts, or use statements from witnesses to paint an unfair picture of what happened. This is one of many reasons why having an experienced wrongful death attorney on your side matters so much. At Jim Adler & Associates, our team fights back against attempts to blame the victim unfairly and ensures fault is assigned accurately based on the evidence. Contact The Texas Hammer® today for a free consultation to discuss the circumstances of your case.*

We strongly recommend that you speak with an attorney before giving any statements to the insurance company representing the person or company responsible for your loved one’s death. Insurance adjusters are trained professionals whose job is to protect their company’s money, not to help your family. They often reach out to grieving families within hours or days of a death, hoping to get recorded statements or quick settlements before people understand the true value of their claims.

Anything you say to an insurance adjuster can be used against your family later to reduce or deny your claim. Even innocent comments made out of grief, confusion, or politeness can be twisted to suggest that your loved one was at fault, that your damages are not as serious as you claim, or that you have already accepted the outcome. Adjusters are skilled at asking questions designed to get you to say things that hurt your case, and they often record these conversations without making it clear how the recording will be used.

Insurance companies may also try to pressure you into accepting a quick settlement before you fully understand the extent of your losses. These early offers are almost always far less than what your family deserves, and once you sign a release, you give up your right to pursue additional compensation forever. The insurance company knows this, which is why they push for fast settlements while families are still in shock and not thinking clearly about the long-term financial impact of their loss.

Let Jim Adler & Associates handle all communications with the insurance companies so you can focus on your family without worrying about saying the wrong thing. Our team knows insurers’ tactics, and we fight to protect your rights from the start of your case.

Still have questions?

Contact Our Dallas Wrongful Death Attorneys Today

If you have lost someone you love because of another person’s negligence or misconduct, you do not have to face the legal process alone. The Texas Hammer® has spent more than 50 years standing up for Texas families during their most difficult moments, and we are ready to fight for yours. Our team will investigate what happened to your loved one, identify every responsible party, and pursue the full compensation your family deserves while you focus on grieving and healing.

We understand that no amount of money can replace the person you lost, but holding the responsible parties accountable can provide a measure of justice and the financial security your family needs to move forward. At Jim Adler & Associates, we handle wrongful death cases on a contingency fee basis, which means you pay nothing unless we recover compensation for your family.* Your initial consultation is completely free, and our team is available to answer your questions in both English and Spanish.

References

[1] NBC 5 Dallas-Fort Worth, “Dallas Traffic Death Rate Worst Among 10 Largest U.S. Cities.” https://www.nbcdfw.com/investigations/driven-to-death-dallas-traffic-death-rate-worst-among-10-largest-u-s-cities/3373511/

[2] U.S. Bureau of Labor Statistics, “Fatal Occupational Injuries in Texas,” Census of Fatal Occupational Injuries. https://www.bls.gov/regions/southwest/data/fatalworkplaceinjuries_texas_table.htm

[3] Texas Civil Practice and Remedies Code, Chapter 71, “Wrongful Death; Survival; Injuries Occurring Out of State.” https://statutes.capitol.texas.gov/docviewer?docPath=%2FCP%2Fhtm%2FCP.71.htm

[4] Texas Civil Practice and Remedies Code, Chapter 41, “Damages.” https://statutes.capitol.texas.gov/docviewer?docPath=%2FCP%2Fhtm%2FCP.41.htm 

[5] Texas Civil Practice and Remedies Code, Chapter 16, “Limitations.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm

[6] Texas Civil Practice and Remedies Code, Chapter 33, “Proportionate Responsibility.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm

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